Alice-Mary Higgins (Independent) | Oireachtas source

In amendment No. 1h, we are drifting into the area which is covered better in the next section, where we are looking to a lack of a clarity around how powers are to be exercised. What we have in this proposal is simply a statement that any actions taken under this section would be “subject to agreed criteria for safety standards aboard a vessel and adjudicated upon by a suitably qualified person”. We do not want a situation where the regulation "under which boats may be used on the canals" is used in an arbitrary fashion, given, for example, that heritage vessels such as the Guinness barges are such a part of our heritage. We must be clear that once a boat is meeting agreed safety standards, because safety is, of course, paramount, and once this has been adjudicated in a transparent and appropriate way, then it is appropriate that regulation may be set. However, what we do not want is an arbitrary power that a class of boat might be randomly removed. While that is to move more deeply into the section, and is a slightly different topic, these matters were grouped together.

I acknowledge my colleague had points to make in regard to birds which we did not address in these amendments, although we may look at that on Report Stage. I would ask the House to support amendment No. 1f, which relates to the inclusion of the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. Is it not extraordinary that this Bill seeks to abrogate and move responsibility which, as we heard, previously sat with the OPW and others from the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs and to state that Waterways Ireland should only report on fish stocks and other environmental issues to the "Minister for Communications, Energy and Natural Resources"? Our amendment simply states that the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs should also be consulted and talked to. It is an abrogation of responsibility in an area that should be led and owned by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs.

There is a concern here, although I know the Minister rejects that. We need to see the footprint of the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs in this legislation. We also need to see amendments from that Department, which I would welcome. We need to see where the channels of responsibility and accountability will be in this section and the other sections of the Bill. They need to be a lot more visible because, at the moment, there is a real concern as to where this would go. For example, we heard farmers will be making their own decisions of their own free will, and I also think we will free up the local authorities, which should be supporting this. We have seen very good initiatives in places like Clare with regard to hedge cutting, for example. Local authorities have a responsibility around safety and they need to step up but there is a danger we would move away from having the local authorities fulfil their responsibilities. Similarly, I would be concerned that, in giving these powers to Waterways Ireland and not ensuring enough of an accountable political structure upwards, we are potentially abrogating responsibility.