The Harbours Act 2015 was signed into law and commenced upon its enactment on 25th December 2015.
The Act provides the legislative basis for one of National Ports Policy's key recommendations, namely that governance of the five designated Ports of Regional Significance (Wicklow, New Ross, Drogheda, Galway and Dún Laoghaire) should vest in more appropriate local authority led governance structures.
The Act does not prescribe the model of transfer but rather allows for the most appropriate model of governance to be chosen in respect of each individual company. The two possible models of transfer provided for are:
1. Retention of the existing company structure and transfer of the Ministerial shareholding in the company to the local authority; or
2. Dissolution of the existing company structure and transfer of all assets, liabilities and employees into local authority structures, where the port will be administered as a functional area of the local authority.
The local authorities concerned have commenced a due diligence process with the ports due to be transferred. My Department has provided some funding towards the process and continues to liaise with local authorities and ports with regard to facilitating the transfer process and the model of transfer.
With regard to funding for ports, National Ports Policy clearly outlines that commercial port companies must operate on a commercial basis without recourse to State funding for dredging or infrastructure development. While there is no Exchequer funding provided to ports, ports are encouraged to explore all other avenues of funding available to them.
Following the transfers of the Ports of Regional Significance to local authority control, where a port company transfers under the transfer of shareholding model, the company will continue, as before, to fund all activities, including dredging, from its own resources. In the case of a port company that is dissolved and transferred directly under a local authority, it will continue to generate income from port activities under the local authority.
In relation to Dún Laoghaire Harbour Company, Dún Laoghaire-Rathdown County Council has procured consultants to conduct the due diligence of the company as part of the planned transfer of the company to the Council. This exercise is intended to assist in the decision as to the most suitable model of transfer. The procurement and management of the due diligence process is a matter for the Council, and I understand that the process is now well advanced. In addition, Dún Laoghaire Harbour Company and Dún Laoghaire-Rathdown County Council have established two transitional teams which are working on the practical issues associated with the transfer.
