Amendment No. 32i. is related to amendment No. 32g. and both amendments will be discussed together.
SECTION 56.
I move amendment No. 32g.:
In page 46, subsection (1), lines 6 and 7, to delete ", by one of the said means,".
At present Dublin Port and Docks Board is the pilotage authority for Dún Laoghaire harbour and Limerick Harbour Commissioners is the pilotage authority for Foynes harbour. This arrangement will continue once the new companies are established. The Dublin Port Company will be responsible for the organisation of pilotage at Dún Laoghaire harbour and the Shannon Port Company will be responsible for Foynes. The Dublin and Shannon port companies will be required to organise pilotage for the whole of their pilotage districts by one of two means — either by employing pilots as members of their staff or by licensing persons to perform acts of pilotage.
The purpose of the amendments is to avoid a situation where pilotage into Dublin might be organised by one of the means set out in section 56 (1) and pilotage into Dún Laoghaire by the other means. It is to put beyond a doubt that pilotage in the whole of the pilotage district must be organised by either employing pilots directly or by licensing pilots to perform acts of pilotage.
Does the Minister envisage that there will be agreement between the port company and the pilots as to which of these systems is put in place?
The intention is that the port companies, where a change is envisaged, would engage in discussions and negotiations with the groups concerned. I am proposing an amendment later to make provision for compensatory payments where there are any changes which result, for example, in a reduction in earning capacity and so forth for people who have been engaged in one system and are changing to the other system. Clearly, that amendment will require negotiation and agreement between the port companies and the groups concerned.
Amendment agreed to.
Amendments Nos. 33, 34, 36 and 37 are related to amendment No. 32h. The amendments will be taken together by agreement.
I move amendment No. 32h.:
In page 46, subsection (1), line 12, to delete "Shannon Port Company" and substitute "Shannon Estuary Ports Company".
This amendment is essentially the same as the amendment to section 82 and to the various Schedules proposed by Deputy Molloy. I am not attempting to upstage Deputy Molloy by proposing this amendment at this stage. It is simply that the name of the company arises in section 56 as well. As I am accepting Deputy Molloy's amendments I have included this amendment to deal with what arises in section 56. It follows a request from the Limerick Harbour Commissioners that the name of their successor company be the Shannon Estuary Ports Company.
The Minister is acceding to the request of Limerick Harbour Commissioners. The name Shannon Estuary has an emotional connotation for people from Foynes. However, I understand a mediator is investigating the issue of jurisdiction with regard to Foynes. If that mediation is successful the jurisdiction of Foynes will be increased and will move further down the estuary. It would be remiss of me not to bring up this point now. The Minister has acceded to Limerick Harbour Commissioners' appeal to change the name of their harbour board and I hope Limerick harbour will show equal goodwill when the mediator is investigating the issue of jurisdiction with regard to Foynes.
Amendment agreed to.
I move amendment No. 32i.:
In page 46, subsection (1), line 13, before "and, accordingly," to insert "and by the same means as Dublin Port Company or Shannon Estuary Ports Company, as the case may be, otherwise organises and ensures the provision of pilotage services in the pilotage district aforesaid".
Amendment agreed to.
I move amendment No. 32j.:
In page 46, between lines 17 and 18, to insert the following subsection:
"(2) If a company decides to organise and ensure the provision of pilotage services in its pilotage district by the means specified in paragraph (a) of subsection (1), the company may make provision for the payment of compensation by it to any holder of a pilot's licence granted under the Pilotage Act, 1913, by the former pilotage authority for the company's pilotage district, and which was in force immediately before the commencement of subsection (1) in relation to the company, as respects the financial loss (if any) that, in the opinion of the company, the said holder will incur in consequence of the company carrying into effect the said decision.".
I referred to this amendment earlier when I replied to Deputy Smith. Under the Pilotage Act, 1913 all pilots are self-employed. They are licensed to perform acts of pilotage and are taxed as self employed. They pay tax under Schedule D and PRSI under class S. If a port company decides to organise the provision of pilotage services by employing pilots as members of their staff, the tax regime of the pilots will change. Certain exemptions available at present under Schedule D will no longer apply. The purpose of the amendment is to ensure that a pilot's take home pay does not worsen by reason of the change from self-employed status to that of employee.
Amendment agreed to.
Section 56, as amended, agreed to.
Sections 57 and 58 agreed to.