Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 4, lines 18 and 19, to delete all words from and including “These” in line 18 down to and including line 19.

I propose the deletion of this text which was inserted by amendment on Committee Stage.

I thank the Deputy for his input. Deputy Ó Cuív has discussed this matter with the Inland Waterways Association of Ireland, Waterways Ireland and officials from my Department. However, the final position is that the Office of the Parliamentary Counsel advises that the proposed text detracts from the clarity of the section. It is not clear what would be a necessary impediment as opposed to an unnecessary impediment. In addition, no criteria are supplied that would assist Waterways Ireland as to what matters should be given weight when considering a designation that would impede navigation. The amendment creates a tension with the proposed section 5(1)(a) - at lines 8 to 15 on page 4 - which gives equal weight to, on the one hand, Waterways Ireland's functions to do with navigation and, on the other, its functions with regard to fishing and other recreations. Navigation is not prioritised. This seeks to place navigation above the other purposes for which the public may use the canals, which is not what paragraph (a) provides. Accordingly, I ask the Deputy to support the deletion of this text. I thank Deputy Ó Cuív for the many hours he spent talking to my officials on these provisions.

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