Results 5,421-5,440 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: Yes.

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

Josepha Madigan: I obviously did not make myself clear. What I am trying to say is there is no need for additional words. It is already provided for in the 1988 by-laws and there is no intention to change them. There is also a 90-day consultation period under the by-laws when there would be an opportunity to make submissions on them. It is not necessary to qualify the section further. It would be...

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

Josepha Madigan: On amendment No. 3, there is a 90 day consultation period in the by-laws, and 21 sitting days in the Dáil. On amendment No. 4, a navigation can be closed for land drainage, flood management control, loss of water, if something sinks or there is a need to protect men working. Those are some reasons I can give to the Deputy. I do not believe his amendments are reasonable under the...

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

Josepha Madigan: The permits allow a person to travel the canal on their boat. The licences are for long-term parking or mooring. We need to have a formal system for the benefit of all users and to protect people who are using the canals. The permit system currently in operation to authorise the use and regulation of boats on the canals will continue but a licence is required under existing by-laws where...

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

Josepha Madigan: The permit allows someone to travel on the canal but the licence is for long-term parking or mooring. Ultimately, we need to have a formal system. I am not accepting the amendment, if the Deputy is speaking to amendment No. 6.

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

Josepha Madigan: It is just that the Deputy was speaking in general terms also. The provision in the Heritage Bill is an enabling provision to allow Waterways Ireland make by-laws for the issue of permits or licences to authorise and regulate the use of boats on the canals and other canal property. The Heritage Bill also contains a provision on page 4, lines 33 and 34, providing for the making of by-laws...

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

Josepha Madigan: The legal advice is that allowing people to moor indefinitely may lead to problems, therefore, we are trying to ensure there is a licence system we believe is better for everybody who uses the canals.

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.