Results 1,821-1,840 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 do not accept the amendment. The proposal is already provided for in section 7A paragraphs (1) to (4), inclusive, and it is, therefore, unnecessary. That is dealt with on pages 4 and 5 of the Bill, beginning at line 30.

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

Josepha Madigan: Section 7A states: "Where an authorised officer of Waterways Ireland has reasonable grounds for believing that a person is committing or has committed an offence under section 7, he or she may serve the person with a notice, in the form specified by Waterways Ireland in canal bye-laws stating that—" and it continues under subsections (a), (b) and (c). It is on page 7.

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

Josepha Madigan: In practice, it is already in the notice.

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

Josepha Madigan: Section 7A (3) states: "The specified amount for the purposes of subsection (1)(b) is €150 or such lesser amount as may be specified in canal bye-laws for a contravention of a provision of canal bye-laws." The amount is €150. That is noted on line 14 of page 8. At the top of page 8 it is stated: "a person to whom the notice applies may, during the period specified in the...

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

Josepha Madigan: I do not accept the amendment as it would confuse the enforcement role of the authorised officer. The officers must have absolute clarity on their enforcement role and how they operate.

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

Josepha Madigan: The purpose of canal bye-laws is to regulate boating on the canals------

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

Josepha Madigan: -----and to manage the usage of the canals. The amendment would render the provision meaningless.

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

Josepha Madigan: They do. I suggest the Deputy looks to line 3 at the top of page 9, where it is stated: "ensuring that persons on the canals or other canal property are complying with canal bye-laws", which encompasses other users.

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

Josepha Madigan: At the top of page 9 of the Bill, lines 3 and 4.

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

Josepha Madigan: Other users are dealt with, as I have stated, on lines 3 and 4.

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

Josepha Madigan: It is the same basis as stated in the amendment I set out; "ensuring that persons on the canals or other canal property are complying with canal bye-laws", which encompasses other users. That is stated at the top of page 9. For that reason, I do not accept the amendment.

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

Josepha Madigan: In practice, in the absence of a permit an authorised officer may apply his or her discretion to allow boaters reasonable time to obtain or produce a permit or licence. However, I do not accept the amendment as the 1988 canal bye-law provisions require permits to be displayed on a boat such that they are legible from the canal bank at all times during daylight hours, under section 40. A...

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: Yes.

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

Josepha Madigan: No, one must display one's licence.

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

Josepha Madigan: Boats generally have a permit.

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

Josepha Madigan: What is evidence of a licence?

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: There is discretion-----

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

Josepha Madigan: ------under section 7B (6), which states: "An authorised officer may give to the owner of a boat such directions, orally or in writing, as he or she considers reasonable for the purpose of his or her functions under this Act or canal bye-laws." That is on page 9 at lines 28 to 30, inclusive. There is also a reasonableness test. In practice, the authorised officer can apply his or her...