2.7.7 Legislative amendments required for ports of regional significance

2.7.5 Wicklow Port Company As with the other smaller State commercial port companies, Wicklow Port Company handles only bulk traffic. The port has been particularly badly affected by the severe declines in the construction-related break bulk sector.

2.7.7 Legislative amendments required for ports of regional significance To facilitate the transfer of the five smaller State commercial port companies to local authority control, the Department will introduce enabling legislation by amending the current Harbours Acts 1996–2009 as appropriate.

The port’s role is of local and regional importance only. In line with the principles outlined in section 2.7, it is proposed to transfer the port to local authority control.

Cognisant of the diverse nature of those ports proposed to be transferred, the Department is open-minded as regards the future operational arrangements that may be decided upon; however, there are a number of models used across Europe that may be worth considering in an Irish context. Drawing from these examples, the new legislation will allow for:

The Department will initiate discussions with the local authority and the Port Company to determine the most suitable method of transfer to local authority control, within the framework set out in section 2.7.7.

• the creation of separate legal entities with no share capital under the control of local government

2.7.6 Other ports of regional significance As referred to in section 2.7 and detailed in Table 2.8, a number of other ports, operating under a variety of governance models, handle commercial freight. National Ports Policy recognises their continued importance as facilitators of regional and local freight distribution.

• the continuation (in the Irish context) of separate legal entities with share capital owned by local rather than central government

• the operation of a port as an administrative unit of local government

Among these smaller ports is the last remaining harbour authority operating pursuant to the Harbours Act 1946 – Bantry Bay. Government policy since 1996 has been that those harbour authorities operating under the out-dated provisions of the Harbours Act 1946 should be moved to more appropriate and modern governance structures.

• the potential for private investment

The Harbours Act 1996 allows for the transfer of such harbour authorities to the control of an appropriate local authority. Since 1999, 13 of 15 harbour authorities have transferred to the control of a local authority, while one harbour, Dingle, has been designated as a fishery harbour centre.

A process to decide on the future direction of the last remaining harbour authority – Bantry Bay – is currently under way.

Table 2.13: Wicklow Port Company overview

	2003	2010	2011
Tonnage (’000)	212	89	99
	362	217
Operating Profit (€’000)	107	-296	-50
	96	-266
Employees	3	3	3

• 2003 was the first full financial year as a commercial port company

Image Credit: Drogheda Port Company

section 3 Corporate Governance

Image Credit: Wicklow Port Company