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Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I thank the Minister.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: That said, given the complexity of the amendments we have seen in the House, we all know how complex it is to have numerous subsections in by-laws. We cannot expect all officers to have all by-laws in their heads. It might not be a book; it might be in online format or perhaps it is commonly accessed by-laws. If people could be told, "It's X by-law and here's where you see it", that would...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I am sure we will be able to-----

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: We will be able to fight the Minister on that for Report Stage.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I am sure the Minister could work with the Department on both of those amendments and look at a wording that is acceptable to us and the Minister.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: There was one amendment that the Minister did not address. If she addresses it, it might facilitate us.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: It is amendment No. 1af, which was a deletion of the power that allows Waterways Ireland to make ancillary provisions to by-laws. Will the Minister indicate her thoughts on that?

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I have made the same mistake again. I apologise. It is a stand-alone amendment and we have already spoken to it.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: She is not here.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: It will be addressed for Report Stage.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: It is not moved because it has been accepted.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: The amendment is not moved but we are looking forward to and expecting to work with the Department in respect of it.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I already mistakenly spoke in the last grouping.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: I would appreciate it if the Minister could------

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: It would be great if the Minister could address the question.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: We plan to withdraw the amendment.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: There is a fundamental point here. I do not want to get into it, because I know we are all keen to move forward, but there is a fundamental point and it came up in the previous section. It is very unusual that we would look at fixed payment notices without an appropriate appeal mechanism and so forth. There are many other areas where fixed payments are due. The reason that there are so...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: That would be useful.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: That would be regarded as very unusual. Fixed payment notices are used in very few areas, except in the area of the marine. This is an appeal to the Minister to consider having an appeals mechanism to avoid the courts. With the Mediation Bill and so on, I know that the Government is keen to move away from having a court based solution to every issue.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (29 Mar 2017)

Alice-Mary Higgins: These are fundamental amendments because the legislation vests further powers in Waterways Ireland and its authorised officers, including in the issuing of fixed payment notices. It would be simple to state such officers need to be appointed from within the staff of Waterways Ireland. For example, we do not want a scenario where this work might be contracted out to a private security firm....

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