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Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: No, that is not the intention. For the reasons I have already outlined, I cannot accept the amendment. It is impractical to implement. I do not see a need for the proposal.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Effectively, the amendment would restrict the ability of Waterways Ireland to provide new infrastructure such as moorings and weirs along the canals. Ultimately, who would define what "necessary" is? I appreciate where the Deputy is coming from but his amendment cannot be implemented in a practical way. I am afraid I cannot accept his amendment.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I appreciate that the Deputy might be disappointed but that is my explanation.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: To designate for non-navigation would also require North-South approval, which is another valid reason.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: The system has been in place for many years and works quite well. We have to allow some flexibility and reasonableness is going to be the word that would be used. What the Deputy has suggested in his amendment would not be accommodating enough and is completely impractical.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Reasonable, yes.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: The entire remit of Waterways Ireland is to keep the waterways open for all users to enjoy. That is its prime purpose. I am not sure how many ways the Deputy wants me to say this. I have outlined my views on the amendment. The amendment restricts the ability of Waterways Ireland to provide infrastructure such as moorings and weirs along the canals. The Deputy has mentioned section 5....

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: We could tease out the nuances, Deputy Ó Cuív. I have outlined my reasons for rejecting his amendment and I do not wish to repeat myself. I am not accepting his amendment.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I understand the amendment was ruled out of order.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I thank the Deputy and note his points.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I am aware of that.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I will refer to a technical matter. With regard to section 5, I do not propose an amendment, but I intend to bring forward an amendment on Report Stage to update the title of Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs to the current title of Minister for Culture, Heritage and the Gaeltacht, where it appears. I also intend to bring forward a textual amendment on...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: There is no intention to do so.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Yes.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I obviously did not make myself clear. What I am trying to say is there is no need for additional words. It is already provided for in the 1988 by-laws and there is no intention to change them. There is also a 90-day consultation period under the by-laws when there would be an opportunity to make submissions on them. It is not necessary to qualify the section further. It would be...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: On amendment No. 3, there is a 90 day consultation period in the by-laws, and 21 sitting days in the Dáil. On amendment No. 4, a navigation can be closed for land drainage, flood management control, loss of water, if something sinks or there is a need to protect men working. Those are some reasons I can give to the Deputy. I do not believe his amendments are reasonable under the...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: The permits allow a person to travel the canal on their boat. The licences are for long-term parking or mooring. We need to have a formal system for the benefit of all users and to protect people who are using the canals. The permit system currently in operation to authorise the use and regulation of boats on the canals will continue but a licence is required under existing by-laws where...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: The permit allows someone to travel on the canal but the licence is for long-term parking or mooring. Ultimately, we need to have a formal system. I am not accepting the amendment, if the Deputy is speaking to amendment No. 6.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: It is just that the Deputy was speaking in general terms also. The provision in the Heritage Bill is an enabling provision to allow Waterways Ireland make by-laws for the issue of permits or licences to authorise and regulate the use of boats on the canals and other canal property. The Heritage Bill also contains a provision on page 4, lines 33 and 34, providing for the making of by-laws...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: The legal advice is that allowing people to moor indefinitely may lead to problems, therefore, we are trying to ensure there is a licence system we believe is better for everybody who uses the canals.

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