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...