Deputy Sheehan has given me notice of his intention to raise the matter of the concern expressed by the people of Beara concerning jurisdiction in the waters off their coastline and their anxiety to extend the jurisdiction of the harbour-master in Castletownbere over these waters.
Adjournment Debate. - Castletownbere (Cork) Harbour Jurisdiction.
I have agreed to share my time with my colleague, Deputy Jim O'Keeffe.
Is that satisfactory? Agreed.
I support the request of the Castletownbere Fishermen's Co-operative Society Limited, Beara Fisheries Shipping Limited, Fast Fish Limited, Eiranova Fisheries Limited and James Scott Fisheries Limited, Castletownbere, for an extension of the territory under the jurisdiction of the Castletownbere harbour-master to include the inner and outer Castletownbere harbour from Ardnakinna Point inwards to Roancarrig Lighthouse with free access via outer Bantry Bay for all ships destined for Castletownbere port and Berehaven Sound Anchorage.
It is important that this area be controlled and revenue collected by the harbour-master in Castletownbere. It is also important that the area from Shot Head westwards be a free zone but, in the event of a marine casualty, this area should be controlled by the Castletownbere harbour-master. It is most important that these requests be granted by the Minister immediately as it is vital that the people of Castletownbere should have the right to manage their own business independent of the jurisdiction of the Bantry Harbour Board. As chairman of the Bantry Harbour Board I can assure the Minister that the board have no objection to the Minister granting that request, thereby letting the people of Castletownbere manage their own business. It is also vital that any charges placed on commercial fishing vessels coming into Berehaven Sound, be they for catching, processing, purchasing, trans-shipment of fish or vessels for repairs or any other emergency, should accrue to Castletownbere and the Department of the Marine.
Castletownbere is one of the major fishery ports in this country and for this reason I ask the Minister to accede to my request on behalf of the people of Castletownbere. They want jurisdiction over the inner and outer harbour and the Bantry harbour authorities have no objection to jurisdiction being placed with the harbour-master in Castletownbere.
It is important that the Minister understands and realises fully the depth of feeling in Castletownbere, and indeed in the Beara Peninsula generally, at the effects of the order made by him on 19 October last. Emotions are running very high there and it is our duty as the Members of the Opposition from Cork South-West to bring this matter to the attention of the Minister. I do not do this in any condemnatory fashion. My colleague, Deputy Sheehan, and I bring with us a request from the people of the area that the Minister respond to their reasonable demands. Essentially, they want jurisdiction over the inner and outer harbour with access thereto. This is a very simple request. It is also a very reasonable one. The Minister may say there are technical difficulties, be it a question of amending a Bill or the order of 19 October, but perhaps he would give a statement of intent that would defuse the matter forthwith.
This is one of the major fishery harbours in the country with excellent berthage. At the beginning of the century it was used by the British Admiralty. In fact, it was one of the ports under the Treaty not released back to the State until 1938. It also has a harbour-master. The people in the area want to control their own destiny and there is no conflict between the people in Castletownbere and Bantry. I am glad to see the Minister giving full powers to the Bantry Bay Harbour Commissioners. However, it comes down to a question of Castletownbere — 30 miles away — being asked to accept jurisdiction from Bantry. It is just not on.
Before the matter gets out of hand and emotions run too high, the Minister should try to defuse the situation and meet the deputation. We would be very glad to accompany such a deputation to discuss the matter and to try to find a solution to this problem before it gets out of hand.
I listened with great interest to what Deputy Sheehan and Deputy O'Keeffe had to say. As the House knows, the Bantry Bay Harbour Commissioners were established under the Harbours Act, 1976, which was introduced by Deputy Peter Barry, to establish public authority control over shipping in the bay, particularly traffic to and from the Gulf Oil Terminal on Whiddy Island. The 1976 Act defined the limits of the harbour and provided for the various parts of the Harbours Act, 1946, to be brought into operation by ministerial order. The limits of the harbour are the area, including all tidal inlets, bounded by a straight line drawn from Sheeps Head to Crows Head and the line of high water, which area is known as Bantry Bay, but excluding the Castletownbere Fishery Harbour Centre.
Up to October 1990 only certain parts of the 1946 Act had been brought into operation in relation to the Bantry Bay Harbour Commissioners, for example, the constitution of the board, officers and servants of the board and finance and accounts. The harbour commissioners had not been given powers, such as the power to charge rates or to control operations in the harbour. As Deputies are aware — and Deputy Sheehan is the chairman — an order granting full powers to the Bantry Bay Harbour Commissioners was signed by me on 19 October. This was requested very strongly by the Bantry Bay Harbour Commissioners. Consequent on this, the Bantry Bay Harbour Commissioners were requested to apply to me for a harbour rates order fixing goods, tonnage and other rates to be charged at Bantry Bay Harbour and submit for approval and confirmation by me by-laws for the good rule and government of Bantry Bay Harbour.
Under the Harbours Act, 1946, a harbour authority, in accordance with rates fixed by me, may charge tonnage rates in respect of vessels entering within the limits of the harbour, goods rates in respect of goods shipped, trans-shipped or unshipped within the limits of the harbour, and service rates in respect of work done or services rendered by the authority in relation to those goods. The position, therefore, is that traditional users of the bay, cruise liners, fish factory ships and so on who, up to now have not been liable for harbour dues, will be required once the Bantry Bay Harbour rates order has been made to pay dues to the Bantry Bay Harbour Commissioners.
The Bantry Bay Harbour Commissioners have now applied for a harbour rates order. The commissioners were authorised by letter of 12 November 1990 to publish notice of the application to allow interested parties, within a specified period, to lodge objections or representations regarding the proposals. It is understood that the commissioners will be publishing the notice within the next week or so. Any objections or representation received must be taken into account by me before making the order.
The Bantry Bay Harbour Commissioners have only recently been granted full powers. They are now responsible for the management, control and operation of Bantry Bay Harbour. Safety of navigation will be of paramount importance in view of the mix of activity in the bay — fishing, oil, commercial aquaculture and amenity. To do this effectively, they must have a source of revenue. The commissioners are expected to operate as a commercial undertaking and to be financially selfsupporting. The harbour dues collected will, of course, be used by the commissioners to, inter alia, control operations in the bay.
The Castletownbere Fishery Harbour Centre is managed and operated by my Department and Bantry Bay Harbour is also under the aegis of my Department. Therefore, the whole of the bay is under public control and because of this I see no compelling reason that the limits of jurisdiction of the Castletownbere Fishery Harbour Centre should be extended. I listened carefully to what both Deputies had to say this evening. If objections are received by me, following publication by Bantry Bay Harbour Commissioners of notice of their application for a harbour rates order, the question of extending the area of jurisdiction of the Castletownbere Fishery Harbour Centre will be further considered by me.
Some fishermen have expressed concern that they may be subjected to charges from Castletownbere Fishery Harbour Centre and, by Deputy Sheehan, in the Bantry Harbour Board. This will not happen. I am pleased to put those sentiments on the record of the House. I hope that the Deputies who showed concern will be pleased with them.
Can we take it that the Minister will extend the area of the Castletownbere harbour-master?
I have answered the question in the manner in which it was posed and I am awaiting the Deputy's invitation.