Results 23,881-23,900 of 27,613 for speaker:Heather Humphreys

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Amendment No. 8 limits the closing of navigations to emergency situations and does not take account of other reasons a navigation can be closed, such as land drainage, flood management and control, where there is a loss of water, where something sinks, the need to protect men working and so forth.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Waterways Ireland regularly issues marine notices advising of the closing of a navigation. However, it is not practicable or workable to give due notice before closure of the navigations in an emergency situation. I cannot accept the amendment. Amendment No. 10 proposes that licences and permits would have to be issued to everybody who is using the canal. Everybody who uses the canal is...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Waterways Ireland has no plans to dramatically increase the costs of licences or permits. Its remit is to enhance this amenity for everyone and for public use. To be clear again, the by-laws will go out for consultation, which will include the fees, and will be laid before the Houses of the Oireachtas. There will be an opportunity to voice concerns at that stage. I understand the spirit...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: I do not agree with the Senator.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Some of the matters raised by the Senator regarding the River Barrow are subject to the planning process and a matter for the planning authorities. The matter will, therefore, have to take its course. Many Members indicated to me that they found the briefing provided by Waterways Ireland very worthwhile and had learned a great deal from it. I ask Senators to raise any concerns they may...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Thank you, Senator.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: I assure the Senator that Waterways Ireland is obliged to have regard to safety, security and access by the emergency services. My advice is that the amendment would narrow the ability to make by-laws in this area. While I agree in principle with what the Senator seeks to achieve, Waterways Ireland must do this in any case and take account of-----

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: I understand the inclusion of the amendment in the primary legislation would narrow the powers and make it very cumbersome.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Senator Craughwell and other Senators raised this matter with me during the Committee Stage debate on 29 March. I agreed in principle to accept the amendment regarding communication with local authorities and to introduce an amendment on Report Stage. This is provided for in section 2(a)(ii). To incorporate the amendment into section 2(a) there is the substitution of the earlier section...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Regarding paragraph 2, the Bill already provides for the publication of the canal by-laws on its website. This amendment is unnecessary. On paragraph 3, this is unnecessary because the by-laws are published online. This is a procedural issue and is not for primary legislation. If an authorised officer tells a person that he or she is breaking a by-law the officer will specify which one,...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: If the person has not broken the by-law and it is incorrect, he or she can go through the courts.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Gardaí are not obliged to show anyone the Statute Book when they tell people they have broken the law and the same principle applies here. What this officer is trying to do is police the waterways for everyone's enjoyment and make sure that people do not break the laws. It is not fair to ask them to produce the piece of law. Once they have quoted the relevant by-law, that should be...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: I reassure the Senator that Waterways Ireland writes to all local authorities. A notice of proposed by-laws will be published in the newspapers and on the website, there will be consultation meetings and all known users will be written to. It is important to note that what the authorised officers will be doing is reprimanding people for doing something wrong. We should look at it from that...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: My point is that it is not in the interests of authorised officers to go around issuing fixed notice penalties to people who are doing nothing wrong. That does not make sense. They are well trained people and they take their responsibilities very seriously. Wildlife officers do not have to carry around their rules and regulations nor do Inland Fisheries officers. I do not see why those...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: Waterways Ireland has to publish the proposed by-laws and they have to go out for consultation as we have just discussed. Waterways Ireland has to write to all users and the local authority. There is not a chance that it will do something outrageous without somebody picking it up. To be fair, it is within the area it already makes by-laws about.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: I will speak on amendments Nos. 27 to 32.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: On amendment No. 27, I indicated to the Senators that I would look at having a review of the by-laws every five years and introduce an amendment on Report Stage. This amendment provides that Waterways Ireland will review the by-laws within five years of the making of any by-law and thereafter at intervals not exceeding five years and submit a report of its findings to the Minister. I am...

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: The fines will be determined in the courts by the judge and €1,000 is the maximum fine. The maximum fixed penalty is €150. The penalties are for breach of by-laws. It is legislative practice to provide penalties in primary legislation. I cannot accept the amendment. We must provide for the fines in primary legislation.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: On amendment No. 33, the words "reasonable grounds" included in the section are sufficient. It is normal in legislation to use the words "reasonable grounds". One does not have to prove it on the spot. That is all I have to say on it.

Seanad: Heritage Bill 2016: Report and Final Stages (13 Apr 2017)

Heather Humphreys: A period of 21 days is the standard number of days for payment of a fixed payment notice for similar offences under the Maritime Safety Act, the Merchant Shipping Act, the Shannon Navigation Act and the Harbours Act. The fixed payment provision is not a new provision having already been provided for in section 56 of the Maritime Safety Act, which amended the Canals Act 1986. We are trying...