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

Éamon Ó Cuív: Yes, but paragraph (p)-----

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

Éamon Ó Cuív: Yes, we have reached paragraph (p).

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

Éamon Ó Cuív: It is very specific. It relates only to the canals, not to towpaths, dry canals or anything else, and includes the taking of water from them. What I am saying is people who do not have boats but who might want to extract water from a canal or might want to do other things on it should be just as open to having to pay a fee as a boat. If they want to jet ski on the canal, for example,...

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

Éamon Ó Cuív: Surely, its purpose is to regulate the use of the waterways.

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

Éamon Ó Cuív: Okay.

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

Éamon Ó Cuív: We have not discussed amendment No. 17 which is related.

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

Éamon Ó Cuív: The Bill currently provides that "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". Again, it is only the owner of a boat who can be given a direction. Somebody on the boat or somebody else doing something which is totally obnoxious on the...

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

Éamon Ó Cuív: The Minister is now saying the remit of the Bill is much wider than just boat owners and boats because, rightly, authorised officers can give anybody a direction. What I am saying is the power to give an order to somebody should not be confined to boat owners and exclude boat renters, boat passengers and so on. It is way too restrictive. The term "persons on canal property" would be much...

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

Éamon Ó Cuív: That is subsection (5)(iv).

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

Éamon Ó Cuív: No, because if it did cover what I am looking for, there would be no need for subsection (6). If it covered all of the people who use the canals, why does it not also cover the boat owner? In that context, what is the purpose of subsection (6)?

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

Éamon Ó Cuív: Our job here is to tease out the legislation.

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

Éamon Ó Cuív: I presume that if there are unintended consequences, the Minister has been advised what they are by Parliamentary Counsel and by her officials?

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

Éamon Ó Cuív: What is the purpose of having-----

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

Éamon Ó Cuív: -----Tithe an Oireachtais?

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

Éamon Ó Cuív: The idea is that we are the ones that make the legislation and not somebody somewhere else.

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

Éamon Ó Cuív: When we are debating legislation, if I am given good rational reasons for not doing a thing, I am always willing to pull back. When the Minister has made good rational reasons for not proceeding with certain amendments today, I have done that.

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

Éamon Ó Cuív: If it is provided for there, and that includes a boat owner because a boat owner is a person on the canal, why do we have subsection (6) at all? There is an inherent contradiction.

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

Éamon Ó Cuív: However, it is a person on the canal? He or she is in the class of persons on the canal?

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

Éamon Ó Cuív: With due respect to the Minister, law is pedantic.

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

Éamon Ó Cuív: I am pressing it.

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