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Written Answers — Department of Arts, Heritage and the Gaeltacht: Census of Population Data (7 Mar 2017)

Heather Humphreys: Current legislative provisions, as contained in the Statistics Act 1993, require that census data must be withheld for 100 years. Accordingly, it is not possible at this time to release 1926 Census returns before the statutory period has elapsed in 2026. If the records were to be released before the expiry of 100 years, a major change in legislation and policy would be required to allow for...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I shall address the issues raised when we debate the amendments in section 8, if that is all right.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: Does the Cathaoirleach want me to come in?

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: We are dealing with section 3. The amendments to the Canals Act 1986 are primarily enabling provisions to allow Waterways Ireland to make by-laws to regulate boating on the canals and to manage the use of the canals, and they will enhance the ability of Waterways Ireland to manage these waterways for the benefit of all users. That is the purpose of this provision on the canals. With regard...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: Absolutely, but I am just explaining the reason we are doing it. We cannot give Waterways Ireland new powers. Given that Waterways Ireland is a North-South body, we must work on a North-South basis. We cannot act unilaterally to change its remit. While I accept the Senator's intentions in proposing the amendments, Waterways Ireland is a North-South body and I cannot alter its remit. The...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: The amendment would restrict Waterways Ireland's ability to provide new infrastructure such as moorings and weirs along the canal. Water levels need to be lowered due to flooding and other circumstances which would impede navigation. Waterways Ireland regularly closes navigation, through its marine notices, to allow special events to take place. That is for the enjoyment of the public....

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I do not make references such as that to the Senator.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: No. The amendment proposes to insert "to maintain the ability of those who make their homes on boats upon those waters to do so".

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: We can deal with that one later.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I will look at it on Report Stage, in the context of what the Senator has suggested.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: As I said, under the British-Irish Agreement, there is an obligation on Waterways Ireland to obtain the Minister's consent for making by-laws. There is no need to insert-----

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I want to be clear on what this legislation is about. The legislation is about altering the old legislation by taking section 5 of the Canals Act 1986 and putting it into this legislation. It was a tidy-up exercise. This is enabling legislation. The real purpose of today is to allow us to pass by-laws for the control of the canals for the benefit of the public. That is what this is...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: The question of Brexit and the Good Friday Agreement has been raised. We must protect the Good Friday Agreement as part of the Brexit negotiations. The Good Friday Agreement and the follow-on document, A Fresh Start, is a priority. It is so important. No one knows this more than those of us from Border areas. This legislation has nothing to do with Northern Ireland. It is enabling...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I have enough to do.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I would just like to explain. If the Senator goes to section 3 of the Bill, which amends section 5 of the 1986 Act, under "General duty of Waterways Ireland and of Board"-----

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: If the Senator goes to the top of page 4, and to the proposed section 5(1(a) that would be introduced to the 1986 Act, he will see it states: "it is the duty of Waterways Ireland to undertake the care, management and maintenance of the canals and other canal property as a public amenity for use by the public". I did not feel there was much point in putting it in again with amendment 1g...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I have said that I will accept amendment to section 4.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: Amendment 1g relates to the new section 5(3) which states, "It is the duty of the Board and Waterways Ireland to undertake the care, management and maintenance of common interest property while such property is under the control of the Board or of Waterways Ireland." The "Board" referred to is the board of CIÉ and these are properties in which both entities have an interest. If, as...

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I thank the Senators for their input. We all want the same thing at the end of the day. We want waterways that are usable, viable and there for the benefit of the public.

Seanad: Heritage Bill 2016: Committee Stage (Resumed) (2 Mar 2017)

Heather Humphreys: I understand that is what is referred to. Can I have this checked out?

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