Results 1,781-1,800 of 7,283 for speaker:Josepha Madigan
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: I will have a look at the section for the Deputy.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: A year is considered to be long term. This will provide for control and protect the property interests of Waterways Ireland as boats permanently moored at a location without regulation could have the potential to acquire prescribed rights to sole and exclusive use. That is the concern from a legal perspective.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: Therefore, we are recommending a licence, rather than a permit, system.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: A year is considered to be long term.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: My understanding is short term is considered to be up to a year.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: I thank the Deputy for his amendment, but I will not be accepting it. Extending fees, tolls and charges to all canal users would not be practical. The amendment is an attempt to widen the remit to include towpath users and those walking or cycling along canals. The use of towpaths and their benefit are recognised and supported by local authorities which are working alongside Waterways...
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: There would be unintended consequences if we were to include walkers and cyclists.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: The definition of the term "users" is wide.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: I cannot accept the amendment because the word "users" is too broad and would bring in too many parties that should not be included in this section of the Bill. It is far too vague and all too encompassing. It is also not practical because the word could be interpreted far too widely in the context of primary legislation.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: At the beginning of the section the following is stated:Waterways Ireland may in accordance with this section make bye-laws for the care, management, maintenance, control and regulation of the use of the canals and other canal property in relation to any one or more of the following matters... Other canal property is referenced.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: The taking of water from canals is also referenced in paragraph (p), at line 27.
- 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: The amendment would run contrary to the purpose of the legislation which is to regulate the use of boats on the canals.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: We will have to agree to disagree. I cannot accept the amendment.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: As I said, the purpose of the legislation is to regulate the use of boats on the canals. Therefore, I cannot accept thee amendments. The Bill provides that an authorised officer can: direct a person whom he or she believes to be contravening or failing to comply with canal bye-laws to—(I) give to the officer his or her name and address and (if the officer considers it necessary)...
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: We can think about it and come back to the Deputy if he wishes, but I draw his attention to page 9, line 17, which provides that authorised officers can:give to a person on the canals (whether or not in a boat) or other canal property such directions, orally or in writing, as he or she considers reasonable for the purpose of ensuring compliance with canal bye-laws or the safety of persons or...
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: Yes. Does it not cover what the Deputy is seeking?
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: We are splitting hairs on this. Much of this drafting is from the Parliamentary Counsel. When one is getting into legislation, each word can be interpreted in different ways. We have endeavoured to strike a balance in all these clauses and sections.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: I am not inclined to accept the amendment. I understand the Deputy's good intentions but I think there are unintended consequences.
- Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)
Josepha Madigan: Unless there is an underlying concern, we probably should avoid amending the wording on the hoof. I do not think it would be worth-----.