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Appointments to State Boards Data

Dáil Éireann Debate, Tuesday - 17 April 2018

Tuesday, 17 April 2018

Ceisteanna (1216, 1217, 1218)

Maureen O'Sullivan

Ceist:

1216. Deputy Maureen O'Sullivan asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that two worker directors at Dublin Port and Shannon Foynes Port were discriminated against as a result of the insertion by the 2015 amendment to the Harbours Act 1997 of a clause which limits their term of office to ten years when no such limit applies in other commercial State companies, for example, ESB, DAA, Bord na Móna, An Post and CIÉ; the reason this discrimination exists; and if he will make a statement on the matter. [15139/18]

Amharc ar fhreagra

Maureen O'Sullivan

Ceist:

1217. Deputy Maureen O'Sullivan asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that the 2015 amendment to the Harbours Act 1997 which was signed on 25 December 2015 provides for retrospective application in that it covers the period from 1997, that is, when the port companies were corporatised; the reason this retrospective application was included in the 2015 amendment; and if he will make a statement on the matter. [15140/18]

Amharc ar fhreagra

Maureen O'Sullivan

Ceist:

1218. Deputy Maureen O'Sullivan asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that a current worker director based in a port here was re-elected as a worker director to the board of that port in July 2017; if his attention has been further drawn to the fact that their re-election was in accordance with the regulations; if his attention has been drawn to the fact that the election result was validated by the returning officer who was also the company secretary; if his attention has been further drawn to the fact that the person has been refused a mandate; if his attention has been drawn to the fact that the person has been refused a letter of appointment as a director of the port company; and if he will make a statement on the matter. [15141/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1216 to 1218, inclusive, together.

The Harbours Act 2015 introduced changes in legislation in line with Government policy and to strengthen and improve corporate governance arrangements for port company boards, including the introduction of a 10-year limit on the period served by a director of a port company.

Section 30(6) of the Harbours Act 1996, as substituted by section 39 of the Harbours Act 2015, provides that a person shall not serve as a director of a port company for a period that is longer than 10 years in total. This applies equally to all directors of port companies, including employee directors.

The Harbours Act 2015 was signed into law on 25 December 2015. Accordingly the 10-year limit applies to all directors of port companies from that date forward, including serving directors at the time of enactment.

In 2017, employee director elections were held in a number of the port companies. In the case of the port referenced by the Deputy, the employee who went forward for election was an existing employee director and had already served as an employee director for 10 years and was therefore not eligible to be appointed for a further term of office.  My Department advised the company that the 10-year limit applies to all directors including employee directors and the process for election of an employee director was reheld.  A number of candidates went forward and a new employee director is now in place. All employee director positions in port companies have been filled and no vacancies will arise for a number of years.

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