Given the Minister's powers to make regulations proscribing any matter, it may be opportune to find out what he has in mind in relation to nominations to the board vis-� vis representatives from local authorities.
SECTION 3.
Question proposed: "That section 3 stand part of the Bill."
As Deputy Smith is aware, it is intended that there will be three representatives from local authorities on the boards of the new companies. The method for the appointment of those members will be set out by way of regulation following consultation with the Minister for the Environment. In terms of making nominations, this consultation will relate to the appropriate local authorities. For example, two local authorities in County Galway are involved, Galway Corporation and Galway County Council. A formula must be agreed to provide for the nomination of three members of the harbour authority. It may be that all three will be from one of the authorities or there may be a mix from both.
This issue comes to mind as a result of very wide speculation that the Minister is considering that a number of these nominations may not necessarily involve elected members. Will the Minister clarify this matter?
It is intended that the nominees will be elected members.
The Minister added confusion to the situation when he mentioned the position in County Galway where there is a county council and a county borough, both of which have equal status in the realm of local authorities. Surely at this stage the Minister should be in a position to indicate his intentions in relation to this body? How will the matter be resolved when there is an uneven number?
The intention is that the matter will be resolved following discussions with the Minister for the Environment. As we are dealing with Committee Stage of the Bill, I am interested to hear the views of Members regarding the preferred way in which this should be done. It is obvious what will happen in cases where there is only one local authority. However, in other cases, such as the example I gave or in Cork, two local authorities have an immediate interest.
A number of local authorities are currently represented on the Limerick Harbour Commissioners.
The number of local authorities is in excess of three to five. Obviously, a formula must be agreed to provide for local authority members in those cases. The intention is that the formula would be agreed between the Minister for the Marine and the Minister for the Environment.
Will local authorities have a say in the matter?
Local authorities will nominate the members. The nominated members will then be appointed by the Minister for the Marine. The composition or the number nominated from the various local authorities will be decided by the Minister for the Marine following consultation with the Minister for the Environment.
Within what timespan is it intended to do that?
There is no fixed timespan. How quickly the Bill passes through the Oireachtas will determine the timespan. We will then want to proceed as quickly as possible to establish the new companies. It is the intention to do this reasonably quickly. I would appreciate any views Deputy Molloy or any other Member may have on individual port authorities or how we might deal with this question.
This is an area where there may be tension because local authorities which have been represented are likely to be excluded. In the new circumstances, two possible options come to mind, first, whether additional members of local authorities could be considered in those cases or, second, whether alternating nominations could be exercised over different periods.
It is important to resolve this problem amicably and that local authorities, which have had traditional involvement and input, do not feel isolated. Will the Minister consider whether additional nominations could be made or whether positions could be alternated before Report Stage?
There is no question of additional local authority members. I am sure Deputy Smith is aware that when the Murphy report was originally published, it strongly opposed any representation from local authorities or any sectional interest.
The Minister has felt bound by the Murphy report.
I am sure Deputy Smith will acknowledge that the amount of local authority representation provided for in the Bill is considerably in excess of that recommended in the Murphy report or, indeed, what was speculated prior to the publication of the Bill. Deputy Smith will also be aware that there has been some criticism of the extent of local authority representation provided for in the Bill. Notwithstanding that, the Minister and I are satisfied that this level of local authority representation should be provided for because the link between ports and towns and their hinterland is important. It is important that the local dimension is maintained because the development of the port is often a catalyst for economic development in the vicinity. We are talking about boards which will not exceed 12. Given the considerable demand and representations we received for representation on boards from different interests, it is not possible to extend the number of local authority members.
The question of rotation would probably cause difficulties in relation to the commercial mandate of the port companies. I am sure Members agree there should be continuity of membership. I appreciate that there is a difficulty in cases where the size of the local authority representation as far the number of local authorities is concerned is greater than that provided for in the Bill and where there is a division of local authority representation where more than one local authority is involved. If Members have suggestions on Report Stage which will help to deal with that situation, I will be prepared to consider them.
I welcome that because I come from a region where that problem will arise. There is already a feeling of peripherality — a word we should not use too much — in outlying counties. It is important that the new commercial companies get off the ground in an amicable way. I accept that there is a need for continuity and a greater commercial ethos, although there are provisions in the Bill which will make that impossible and which we will deal with at a later stage. We will endeavour to put forward amendments on Report Stage which will take account of the Minister's desire to resolve this matter.
It seems the Murphy report is not the bible we were led to believe. I welcome the confirmation by the Minister that elected members will sit on the boards of the new port companies because the implication from the Murphy report was that local authority members were not as good as they might be. I am Chairman of a board and the local authority members have a good knowledge of commerce.
As regards the point made by Deputy Smith, some structure should be put in place which will accommodate local authorities in areas where three members are not sufficient. It will cause considerable difficulties if local authority members are excluded because they have an input to make.
The Minister has already answered that question by indicating that he would be happy to accept submissions from Members on Report Stage.
Question put and agreed to.
Sections 4 to 6, inclusive, agreed to.