Alice-Mary Higgins (Independent) | Oireachtas source

I would like to comment on some of the amendments. I have already spoken about amendment No. 1b. I echo Senator Brian Ó Domhnaill's eloquent point about amendments Nos. 1c and 1g, both of which relate to the idea of navigation, the core purpose for which the canal network was originally designed. We must recognise that substantial work has been done over the decades in the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs and elsewhere to make navigation along the canals an option again. The maintenance of the canal network to facilitate journeys between the Republic and Northern Ireland along the canals is more essential than ever in the light of the unique North-South role of such navigation. It is surprising that this is not mentioned in the Bill. It is essential for navigation to be mentioned in both places in order that this core use of the canals can be maintained.

I have seen the canals from two or three ends. When I was growing up in Galway, I saw the importance of the canals there. I am also familiar with the role of the canals along the Shannon waterway which many tourists take great joy in navigating. It is also worth mentioning that many people live and work on the canals. Many of us who live in Dublin will know that there is a point in the year when boats come to the city from all over Ireland via the canals. This essential navigation is a joyful and key role of the canals. The maintenance of navigation is needed to ensure the canals function effectively. I am happy to co-sponsor amendments Nos. 1c and 1g and strongly support the message we have heard from Senator Brian Ó Domhnaill.

I thank Senator Kevin Humphreys for proposing amendment No. 1d which differs slightly from what Senator Lynn Ruane and I are proposing in amendment No. 1e. I appreciate that Senator Kevin Humphreys has indicated that he might be willing to withdraw his amendment while withholding the right to resubmit it. I will explain the slight nuance in our amendment. We are concerned that amendment No. 1d provides that Waterways Ireland would have this responsibility "except for areas" covered by the Heritage Acts. We have tried to change that by providing that Waterways Ireland would have this responsibility "with appropriate exception and allowance made for" such areas. Of course, there will be areas which will need to be maintained by and under the responsibility of Waterways Ireland but which will also require an allowance to be made for their protection.

Senator David Norris spoke about our European obligations. We have tried to put them back in because it would be appropriate to do so. This is where they belong. If we have subscribed to certain obligations at European level, we need to ensure they are in this Bill and part of what is being considered, "with appropriate exception and allowance made for areas subject to protection or proposed protection for natural heritage or used by species listed in Annex IV or V or Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora". When we talk about natural corridors - Senators have listed eloquently the species in question - we are not talking in some abstract or loose way. Our comments are based not only on debates we have previously had in Ireland but also on the debates that have taken place across Europe on identifying what we collectively need to do to mind flora and fauna. There are rules and regulations in place. In amendment No. 1e we are simply seeking to ensure the rules and regulations to which we have already subscribed are adequately reflected in the legislation. We need to recognise that the functions of Waterways Ireland in undertaking "the care, management and maintenance of the canals" will be carried out in a way that is informed by all of our obligations.

We must speak about the canals as amenities, in addition to speaking about them in terms of navigation. I reserve the right to table amendments on Report Stage with regard to tourism, another key purpose of the canals for which we have not provided. Unfortunately, the list of canal amenities in the Bill, as it stands. is unimaginative. The proposed new section 5(1)(a) of the 1986 Act refers to "navigation in such parts of the canals as are open to navigation from time to time" and to "fishing or otherwise". The things Waterways Ireland might need to consider as its duties, as listed in this core starting point of the legislation, are narrow and unimaginative. I ask Members to support one of the amendments seeking to ensure "natural heritage" is mentioned in the Bill. I reserve the right to include an amendment in respect of tourism and tourism purposes.

I do not intend to speak at length about the proposal for the River Barrow because it would be more appropriate to do so in the context of the next section. However, I acknowledge what has been said about the matter. Members of my family who live by the River Barrow use it. I know that this routeway is of massive importance to counties Carlow and Kilkenny. The lack of consultation on the proposals for the river has been extraordinary. Perhaps we might have an opportunity to discuss the matter when we reach the section of the Bill that pertains to public consultation.

I have referred to all of my amendments other than amendment No. 1h to this section.I formally propose it. This is to ensure-----