Seanad debates

Thursday, 2 March 2017

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail) | Oireachtas source

Section 3 deals with the new powers being given to the North-South body, Waterways Ireland, for the care, management and maintenance of Ireland's canal network. Those powers, heretofore with the Commissioners of Public Works and Córas Iompair Éireann, are being given to a North-South body. We need to be certain that the local views of all users of Ireland's canal network will not be impacted negatively by any of the changes being introduced or any of the additional responsibilities being given to the North-South body.

The current legislation was drafted in 1985 and came into law under the Canals Act 1986. It recognised the historical importance and heritage role of the Grand Canal, the Royal Canal and later the River Barrow, as well as the emerging tourism potential for recreational users, boating activities and so forth. Many people use canals every day. Some people live on the canals because they have boats located on a canal, whether here in Dublin or further down in other parts of the country. It is important to recognise the historical and cultural significance of these canalsThere is also wildlife associated with the canals, which we will come to in later parts of the legislation.

In the context of this particular section, the amendments I have proposed relate to ensuring that the canals remain open to the general public. For more than 200 years, the canals have been utilised by the public - families, communities, farmers and so on - for commerce, recreation, amenity, walking, etc. If new powers are being bestowed on a North-South body, it is important that there is an assurance written into the legislation that will require that body to keep the network open when designated works are taking place. The concern relates to section 3, which states, "Waterways Ireland may designate particular parts of the canals and other canal property for particular purposes including purposes incidental to such purposes as aforesaid." Amendment No. 1c in my name requests that while Waterways Ireland may designate - that is fine - it must do so without impeding the navigation of the canal. I believe that is important for all canal users. Powers will be provided without consultation here, so we have to be careful.

Section 3 also 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.” I request that it be responsible not only for the care and management and maintenance of common property but also for the overall maintenance of the canal network. There are further questions here about local public consultation, about the democratic responsibility and accountability of Waterways Ireland, about the democratic engagement with councillors and local authority members and about the impact of decisions being taken by Inland Waterways.

I will give the Minister a moment if she needs one. On this particular issue-----

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