I wish to focus on an issue of some interest to the Tánaiste, who has expressed views on selling public assets to private ownership on many occasions. I ask particularly about the rush to privatisation now taking hold in the marine sector as regards ports and harbours. The current edition of The Irish Skipper reports that the sale of Waterford Port is “irresponsible” according to local industry. Has the issue of the sale of harbours and ports arisen at Cabinet?

While I am aware that discussions on Waterford Port are ongoing with the Ministerfor Communications, Marine and Natural Resources, Deputy Dermot Ahern, has the sudden proposal to sell off Balbriggan and Skerries harbours been raised at Government level, given that the Harbours Act 1996 specifies that these named harbours are not to be sold off but transferred to the local authority? Is the Act, which states that on the commencement of subsection 88 there shall stand transferred to Fingal County Council from Dublin Port Company the following harbours, namely, Skerries and Balbriggan harbours, any more than window dressing? How can the legislation have credibility when we hear from the Dublin Port Authority that the harbours will be placed on the open market? Is the company acting in line with Government policy or is it effectively thumbing its nose at legislation?

I understand the ports mentioned by the Deputy were offered to the local authority in question and it was not interested in taking them over. The Minister for Communications, Marine and Natural Resources intends to bring to Government shortly proposals on a strategy for the ports and this will be put in the public domain for public discussion in advance of any decisions being made.

Will the Tánaiste, perhaps in conjunction with the Minister for Communications, Marine and Natural Resources, read the legislation a little more closely? It is up to the Minister, acting in concert with the Minister for the Environment, Heritage and Local Government, to issue the relevant order. It is not a matter for Fingal County Council to state it does not like the look of the law; it is a matter for Government to take action.

The question which arises is whether the Government will govern by mediating between the different parties to arrive at a remedy which implements the law, or simply roll over and effectively allow the law to be flouted. Many people are interested in finding out the answer because the precedent being set in this context could be repeated whenever a body such as a local authority does not like an aspect of the law and refuses to implement it. What is the response of the Government in such a scenario? Surely its job is to govern by bringing together the different views and resolving the matter. Will it do its job?

It is more appropriate for smaller ports to be in the ownership of local authorities.

I agree.

In the case of the two ports the Deputy mentioned and Waterford Port, an offer was made to the local authorities in question and there did not seem to be any interest. The facilities in question need to be upgraded and require investment. The most appropriate decisions will be made at local government level, so I suggest we focus our interest on local authority members with a view to interesting them in taking responsibility.

That is the job of the Government.

The Government will shortly publish proposals on the ports for public discussion.

Will the Government issue a directive?