The decision to pay a dividend to the Minister as shareholder is entirely a matter for the Board of a port company, which takes this decision, based on their assessment of what is best for the company, in discharge of their fiduciary duties under the Companies Acts.
In reaching such a decision the Board must be cognisant of the cash position of the company, not overexposing the company to debt, the need to ensure an adequate maintenance programme for the existing port infrastructure and future infrastructure needs, and ensuring that the Port is in a position to respond to opportunities which might emerge in the future.
The commercial ports sector is very diverse with companies of very differing capabilities and financial performance. It should also be acknowledged that ports return a non-financial dividend to the State in the form of the wider socio-economic benefits that they provide through trade facilitation, employment and public amenity value.