Oireachtas Joint and Select Committees

Tuesday, 25 March 2014

Joint Oireachtas Committee on Environment, Culture and the Gaeltacht

Canal By-laws and Naomh Éanna: Discussion (Resumed)

2:15 pm

Ms Dawn Livingstone:

I thank the committee for inviting me to attend this afternoon to discuss the proposed canal by-laws and the Naomh Éanna. I welcome the opportunity to hear the views of committee members on the proposed by-laws. I do not propose to refer to all the points that were made in the opening remarks. However, I would like to outline some background information before we discuss these matters in detail.
Waterways Ireland is one of six North-South implementation bodies established under the British-Irish Agreement Act 1999. Its statutory function is to manage, maintain, develop and restore seven inland navigable waterways, principally for recreational purposes. We also deliver an active and marketing promotion for the navigations. It is now estimated that the private boating sector is worth between €80 million to €200 million per annum to the economy.
Since its establishment in 1999, the number of boats registered with Waterways Ireland has increased by more than 50% to some 14,000 craft. The proposed by-laws relate to three of the seven waterways: the Royal Canal, the Grand Canal and the Barrow Navigation. There are now some 500 boats registered on these three systems. On behalf of the taxpayer, Waterways Ireland has invested over €50 million in the infrastructure of these three waterways. New and improved facilities have been provided and service blocks with toilets and showers continue to be developed in strategic locations as funds permit. That investment has both reopened these waterways and made them attractive for boat owners. It is also helping to develop them as vibrant recreational and tourist amenities.
The current by-laws have been in place since the 1980s and a lot has changed in that time. By updating the rules governing the use of waterways, Waterways Ireland is seeking to ensure that they are fit for purpose and best meet the needs of all waterway users. The details are set out in the documentation that I have sent to the committee. However, I would like to briefly outline the eight principal proposed changes. It is proposed to introduce a new visitor permit to encourage boats to come onto the canals. This would allow free cruising and passage through locks for a period of 30 days, and mooring for up to five days in any one location. To stay in the canal system for longer than 30 days, a boat owner would have to purchase a combined mooring and passage permit at a cost of €130 - this being a modest increase of €4 on the current charge of €126, which has remained unchanged for 24 years. This permit allows a boat to use the canals, moor for up to five days in any one location and pass through the local gates, allowing holders to spend up to a year on the canals.
The cost of the extended mooring permit would rise from the current flat rate of €152 to a charge of between €160 and a maximum of €1,600 per annum, depending on the location, services and length of boat. The extended mooring permit in the Grand Canal Dock would cost a proposed fee of €2,500 per annum. The extended mooring permit allows the use of a mooring identified by Waterways Ireland on the canals where a boat may permanently moor for up to a year. Waterways Ireland has identified 50 sites for potential extended mooring locations throughout the three canals, and has mapped and published these on its website.
The new by-laws also introduce a new houseboat mooring permit, which would be introduced with a proposed cost ranging from €1,250 for a location such as Shannon Harbour to €3,500 per annum in a city centre location such as the Grand Canal Dock. Waterways Ireland currently has six houseboat moorings in Shannon Harbour with access for mooring, water and electricity. Work on a project costing in excess of €500,000 is under way in Sallins to enhance moorings in the village and again provide a number of houseboat moorings with facilities. Further houseboat moorings will be provided in the future.
The proposed by-laws also propose to update the fees to pass through the major locks in Dublin from a current fee of 64 cent to a proposed fee of €25. It is proposed to increase the fee to pass through Camden Lock to €25 compared to the current charge of €12.70. There would also be a toll of €25 per boat to raise the Newcomen Bridge. To put this last fee in context, Waterways Ireland paid €10,000 to CIE last year for a total of eight lifts of the Newcomen Bridge.
It is further proposed to update the fees for dry-dock facilities. The current fee to use a dry-dock is €13.90 per day. This is too low to encourage effective use of these limited and valuable facilities, as it is cheaper to put a boat in a dry-dock and leave it there than lift it out and store it on hard standing. The new proposed charge is €50 for the first seven days, increasing to €75 for the next seven days, and €100 per day thereafter. This fee structure is to encourage owners to plan repair work effectively and do what is necessary in the dry-dock, and then remove their boat and leave the facility available for the next user.
The proposed by-laws also introduce a Barrow open fishing boat licence with an annual fee of €50. This will enable Waterways Ireland to provide for and regulate this use of the Barrow.
The proposed by-laws would also introduce a fixed payment notice. This was provided for in the Maritime Safety Act 2005 but a by-law amendment is required to make this available for use. The fixed penalty fine is €150 or prosecution. This has been introduced to provide Waterways Ireland with another deterrent to boat owners who persistently breach the by-laws.
There are other changes but those eight are the principal ones. I recognise that, in some cases, these big changes will affect a small number of houseboat owners who have been accustomed to a largely unregulated system up to now. However, it is no longer feasible to facilitate boat owners in tying up permanently or for extended periods in locations of their own choosing, where this use is not compatible with meeting the needs of other canal users or with health and safety or environmental considerations.
I believe that boat owners accept the need for a modern regulatory framework governing long-term stays and other issues, in the same way as we have arrangements governing our road system and housing sector.

They also accept the need to update the by-laws to take account of changes that have occurred since they were introduced 24 years ago, when there was no provision for or even thought of house boats.

Waterways Ireland is trying to achieve a reasonable balance between the various competing needs that have to be accommodated in this area. In that regard, the Canals Act provided for a statutory consultation period of 21 days when new by-laws are proposed. That consultation was carried out earlier this year. All of the interest groups were notified in advance and the consultation document was mailed to all boat owners. We were pleased to receive more than 2,000 submissions as part of the consultation exercise. Waterways Ireland will give full and careful consideration to all these submissions and the issues and changes they have brought forward. We will then prepare a report setting out our proposed approach, including revisions we may suggest to our original proposals having regard to the submissions received. The report will be submitted to the Department of Arts, Heritage and the Gaeltacht and will thereafter be referred to the Minister, with recommendations for his consideration and final decision.

I look forwarding to hearing members' views on this issue.