Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the House for facilitating a Second Stage debate on the Heritage Bill 2016 today. Although the Bill is called the Heritage Bill, it is not confined to dealing with heritage matters but introduces important changes across a range of areas.

By way of summary, Part 2 of the Bill deals with amendments to the Canals Act 1986, to ensure there Is a robust framework for the making of by-laws to regulate the use of boats on canals, and the management of canals and canal property. These changes will enhance the ability of Waterways Ireland to manage waterways for the benefit of all users.

Part 3 of the Bill introduces important changes to the cutting and burning of vegetation and provides clarification of the powers of authorised officers under the Wildlife Acts.As a result of the recommendations contained in the report of the critical review of the Heritage Council in 2012, which was approved by Government, Part 4 of the Bill provides for the amendment of the Heritage Act 1995. The proposed changes refine the role of the Heritage Council, allowing for a more streamlined board structure and provide for greater engagement with local communities. I am happy to go through the Bill in more detail.

The amendments to the Canals Act 1986 are primarily enabling provisions to allow Waterways Ireland to make by-laws to regulate boating on canals and to manage the use of canals. Waterways Ireland was established in 1999 under the British-Irish Agreement Act 1999. It is charged with the management, maintenance, development and restoration of Ireland's inland waterways, principally for recreation purposes. Waterways Ireland manages 1,000 km of waterways in Ireland and Northern Ireland, including the Shannon navigations, the Erne system, the lower Bann, the Royal Canal and the Grand Canal, the Barrow navigations and the Shannon-Erne waterway. Our waterways are a wonderful public resource which make a vital contribution to tourism by attracting people from around Ireland and from abroad. There are over 14,000 registered boat owners on the seven waterways that are managed by Waterways Ireland. The proposed changes will allow Waterways Ireland to proactively manage the Royal and Grand canals and the Barrow navigations.

Sections 2,5 and 6 are technical amendments which include updating ministerial titles and changing references to the Commissioner of Public Works to Waterways Ireland and codifying the changes made to the Canals Act 1986 by the Maritime Safety Act 2005 and other legislation. Section 3 substitutes section 5 of the Canals Act 1986 and restates the provisions of section 5 of the Canals Act 1986 defining the general duties of Waterways Ireland and of Córas Iompair Éireann. In this section, Waterways Ireland is being substituted for the Commissioner of Public Works.

Section 4 substitutes section 7 and section 7(a), inserted by section 56 of the Maritime Safety Act 2005, of the Canals Act 1986 and creates new provisions for the making of by-laws to regulate the use of boats on the canals and canal property. More specifically, section 7 provides for: the regulation of the type or class of boat which may be used on the canals; the issue of permits and licences to regulate the use of boats on the canals and canal property; the closing to navigation of any part of the canals; the regulation of berths and moorings and the placing of buoys on the canals or other canal property; the regulation and care of animals on the canals and other canal property; and the charging and fixing of fees, tolls and charges.

New sections are created at 7B to 7E, inclusive. Section 7B provides for the appointment and powers of authorised officers for the regulation and management of the canals and canal property. Section 7C provides for the issuing of search warrants by a judge of the District Court in certain circumstances. Section 7D contains specific provisions on the service of directions. Section 7E provides that proceedings for an offence under the Canals Act may be prosecuted summarily by Waterways Ireland and may be instituted within 12 months from the date of offence.

Section 5 provides for a number of other miscellaneous amendments which are mostly of a technical nature, including: updating the references to the titles of the various Ministers in the Act to reflect the current position; changing to Waterways Ireland those references to the Commissioner of Public Works in respect of functions transferred to Waterways Ireland under the British-Irish Agreement Acts 1999-2005; and providing for the deletion of section 13, which expired three years after the vesting day. Together, the former provide for a more modern, fit-for-purpose regulatory framework - underpinned by legislation - which will allow Waterways Ireland to manage the canals efficiently and effectively and in all of our interests.

Part 3 contains important changes to the Wildlife Acts. Specifically, section 8 relates to burning and hedge cutting. Section 40 of the Wildlife Acts currently prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, during the closed period from 1 March to 31 August each year. Vegetation such as that found in hedgerows and scrub is an important wildlife habitat and needs to be managed in the interests of both farming and biodiversity. In that regard, I decided that there should be a review of the current legislative provisions to ensure that they remain both effective and balanced.

Stakeholders had sought an opportunity to input their views on the operation of section 40. I announced a consultation process in November 2014 which provided that opportunity. I received almost 200 submissions from various representative and Government bodies, elected representatives and members of the public. The submissions received ranged from detailed papers from stakeholders to individuals expressing support for one outcome or another.