Written answers

Wednesday, 29 January 2014

Department of Arts, Heritage and the Gaeltacht

Inland Waterways Maintenance

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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17. To ask the Minister for Arts, Heritage and the Gaeltacht the extent to which he is aware of disquiet amongst Royal and Grand Canal boat dwellers who are likely to be affected by proposed new by-laws; if his attention has been drawn to the fact that such dwellers agree with the need for regulation but are concerned at the extent to which their way of life for many years is likely to be affected; if he has had discussions with Waterways Ireland in this regard or intends to do so in the near future; and if he will make a statement on the matter. [3967/14]

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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25. To ask the Minister for Arts, Heritage and the Gaeltacht regarding the review of the Canals Act (Amendment) By-Laws 2014, his plans to extend the review and include provisions similar to those existing in Britain for long-term barge dwellers; and if not, the way he proposes to deal with this issue. [3953/14]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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104. To ask the Minister for Arts, Heritage and the Gaeltacht the extent to which he has been made aware of the concerns of traditional canal boat dwellers on the Grand and Royal Canals arising from the potential application of proposed new by-laws; if he will arrange for dialogue with those involved with a view to resolving any difficulties; and if he will make a statement on the matter. [4504/14]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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105. To ask the Minister for Arts, Heritage and the Gaeltacht the total number of traditional canal dwellers currently situate on the Grand and Royal Canals who may be affected by proposed new by-laws; if he expects to be in a position to offer an orderly solution; and if he will make a statement on the matter. [4505/14]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I propose to take Questions Nos. 17, 25, 104 and 105 together.

As Deputies will be aware, Waterways Ireland proposes to make new bye-laws which are intended to enhance its ability to manage the canals for the benefit of all canal users. There are over 14,000 registered boat owners on the seven waterways managed by Waterways Ireland. These seven waterways make a vital contribution to tourism, attracting visitors from around Ireland and from abroad.

The proposed bye-laws are intended to support the investment already made by Waterways Ireland in new infrastructure and facilities along the canals. That investment has made the waterways more attractive for boat owners and is helping to develop them as a vibrant recreational and tourist amenity. Given that background, it is now necessary to update the bye-laws to ensure that the rules governing use of the waterways are fit for purpose and best meet the needs of all waterway users.

The proposed new bye-laws provide for the management of house boats, defined as a boat on the canals which is being used as the sole or principal residence of the owner or an occupant with the owner’s permission, as well as for extended moorings and residential moorings. An Annual Houseboat Mooring Permit will be required for a houseboat not navigating or continuously cruising the canals. The permit will allow the use of a mooring identified by Waterways Ireland on the canals where the houseboat may moor for more than five days and up to one year. It is not possible to give an accurate estimate of the total number of boat owners who will be required to take out an Annual Houseboat Mooring Permit in the event of the draft bye-laws coming into force. However, I am advised that Waterways Ireland issued 276 Combined Mooring and Passage permits in 2013 for boats to navigate on the Grand and Royal Canals. In addition, 151 Extended Mooring Permits have been issued to boat owners wishing to occupy dedicated berths on these navigations.

The proposed bye-laws will also modernise the charging regime. There will also be further provision for the care, management, maintenance and control and the regulation of the use of the canals, moorings on the canals, and their use by the public for recreation and navigation purposes.

The proposed new bye-laws will be introduced only after the completion of an open public consultation process, which is currently underway. The Canals Act 1986, as amended, stipulates a 21-day consultation period, which, in the present instance, ends at 3pm on 3 February 2014. This public consultation process provides stakeholders, including boat residents and anyone who may have any concerns, with an opportunity to submit their views, opinions and written objections on the draft bye–laws to Waterways Ireland.

I am informed by Waterways Ireland that the main stakeholders, which include the Inland Waterway Association of Ireland, the Heritage Boat Association, the Royal Canal Amenity Group and the Irish Boat Rental Association, have been contacted individually and invited to meet with the Chief Executive and the senior management team of Waterways Ireland prior to submitting their consultation responses. This will afford these groups an opportunity to express their views, opinions and any concerns they may have regarding the proposed bye-laws. I am also advised that all current permit holders on the Grand Canal have received individual written notice and have been given the opportunity to respond within the consultation timeframe on an individual basis.

Following completion of the consultation process, Waterways Ireland will consider all responses and will then finalise its proposed approach. Any discussions that are necessary with Waterways Ireland will take place at that point.

Comments

gerard lacey
Posted on 31 Jan 2014 11:14 am (Report this comment)

Does this mean that Minister Deenihan intends to backdate these new bye laws?
Surely it is unjust and unfair to backdate a law that ultimately will make people homeless as a result?
Is the Minister aware that Waterways Ireland breached the bye laws when they issued invalid permits for 2013 -2014.
The bye laws state that all permits are for stated periods or journeys.
The stated period on the 2013 -2014 annual combined mooring and passage permit is " One Day "
Is Minister Deenihan aware That non compliant boats are non compliant because they would not sign an unfair contract?
It is my belief that these new bye laws "if introduced and applied retrospectively " will deny people their Constitutional right to equality under the law.

Any man who decides to put a boat on the canal after these bye laws are amended has the benefit of choice.
Those already on the canals will be denied the same choice.

Mick Farrell
Posted on 31 Jan 2014 11:35 pm (Report this comment)

..."it is now necessary to update the bye-laws to ensure that the rules governing use of the waterways are fit for purpose and best meet the needs of all waterway users."...

I wonder if the Minister is aware that Section 5(1) of The Canals Act 1986 stipulates the General Duty of the Commissioners (Waterways Ireland, now) to be....

5.—(1) Subject to subsection (2), on and after the vesting day, it shall be the duty of the Commissioners to undertake the care, management and maintenance of the canals and other canal property as a public amenity for use by the public for navigation in such parts of the canals as are open to navigation from time to time or fishing or otherwise for the enjoyment and recreation of the public and the Commissioners may designate particular parts of the canals and other canal property for particular purposes including purposes incidental to such purposes as aforesaid.

....and that it might be more useful were Waterways Ireland to concern themselves with ensuring that the NAVIGATION itself was fit for purpose,so that boats could reasonably use it, before worrying about the rules governing its use.

My own vessel built in 1912 and specifically designed to travel the Grand Canal at a depth of 4.5 feet fully laden, at a speed of 4 MPH, driven by a 15 hp Bolinder engine, can now only manage to travel at a depth of 3'4", at 1.2 MPH, driven by a 110 hp engine.

It does rather appear from the proposed amendment that Waterways Ireland's actual agenda is to make normal navigational use of the canals/Barrow so impractical and expensive that the additional layers of red tape will drive boats off the canals and onto the Shannon navigation. As for those who currently dwell on boats, I strongly suspect they urgently need to be placed on an endangered species list.

Camper vans and canoes seems to be WI's new mantra for the canals/Barrow....!!

Mick Farrell
Master
Canalboat 31B

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