Dáil Éireann Debate, Tuesday - 7 July 2015
594. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport in the context of the upcoming harbours (amendment) Bill dealing with ports of regional significance, if his plan's references to the council relate to the executives of the relevant council or to the elected members of that council; and if he will make a statement on the matter. [27554/15]
View answerThe Harbours Bill 2015 was published on 1st July and I hope to commence Oireachtas debates on the Bill before the summer recess.
The Bill will provide the legislative basis to one of the National Ports Policy's key recommendations, namely that governance of the designated Ports of Regional Significance vest in more appropriate local authority led governance structures. As the Deputy is aware the five Ports of Regional Significance are Drogheda, Dún Laoghaire, Galway, New Ross and Wicklow.
The Bill is designed to provide maximum legislative flexibility. It will not prescribe the model of transfer but instead will allow for the most appropriate model of governance in respect of each individual company to be chosen. The optimal manner of transfer is one which finds broad consensus and agreement between parties. The actual transfer of the companies will be made under later Statutory Instrument.
The Bill's two models of transfer are:
1. Retention of the existing company structure and a transfer of the Ministerial shareholding in the company; or
2. Dissolution of the existing company structure and transfer of all assets, liabilities and employees into local authority structures.
Where the company structure is retained and the shareholding of that company transferred to the local authority, then the Bill provides for the amendment of the existing Harbours Acts to reflect that transfer.
Obviously, under this type of transfer there is a need to ensure the appropriate balance between the freedom and requirements of a commercial port and Council oversight. The Bill specifies the differing roles of the Executive and the elected members of a Council in this type of arrangement. As an example, section 23 requires Chairpersons and CEOs to appear before the elected members to give account of their administration of that company, if invited to appear by the elected members.
Obviously under the other method of transfer, the company is dissolved and the port will be administered as a functional area of a local authority.
