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

The amendment would restrict Waterways Ireland's ability to provide new infrastructure such as moorings and weirs along the canal. Water levels need to be lowered due to flooding and other circumstances which would impede navigation. Waterways Ireland regularly closes navigation, through its marine notices, to allow special events to take place. That is for the enjoyment of the public. The change of the wording in the legislation would preclude it. The wording in the legislation has been in place for many years and it works well. It allows all navigation users' interests to be represented and accommodated. It has never caused any difficulty in the past. There has been no problem with the wording. There is no intention to stop people from using the canal.

The purpose of Waterways Ireland is to engage with people. It has carried out projects such as the blueways. Members should go to Carrick-on-Shannon where there is a wonderful project whereby Waterways Ireland has worked with the local community to explore how to increase the use of the waterways, not just for boat users but for water-based recreational activities. That is what Waterways Ireland is trying to do. It wants to manage the canals in such a way that everybody can use them.

Amendments Nos. 1d, 1e and a1f are unnecessary in that compliance with EU directives is legally binding. It is not necessary to restate it here. Waterways Ireland works within the EU directives. All the canals are designated as proposed national heritage areas or special areas of conservation, SACs. Waterways Ireland must comply with EU directives and it already has to carry out assessments of all its activities under such legislation to ensure it does not negatively impact on the natural heritage or the environment. There is no need to make the amendments given that Waterways Ireland complies with all the EU regulations and all the necessary assessments are carried out. The canals are already designated protected areas under the EU directives on SACs or natural heritage areas. Waterways Ireland must comply with all EU and national regulation on protected species and natural habitats.

The Barrow towpath was mentioned and it has got a lot of attention. Waterways Ireland has engaged in a number of information meetings during the past month following the planning application. The closing date for objections to the planning application is today. Regarding amendment No. 1e, I have already outlined that Waterways Ireland complies with EU directives and is legally binding. Therefore, the proposed amendment is unnecessary. The same applies to amendment No. a1f.

Amendment No. 1f is, again, regarding compliance with an EU directive. The amendment proposes, in page 4, line 15, after “canals” to insert “, and the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs”. By not putting it in I am not running away or letting any future Minister off the hook. Nobody wants to run away from his or her responsibility. Under the British-Irish Agreement Act, there is an obligation on Waterways Ireland to obtain the Minister's consent for making by-laws. There is no need to mention the Minister here. It is all in the British-Irish Agreement. Waterways Ireland is a cross-Border body and there is another set of rules it must work with as well as what I am trying to do here, which is to put in enabling legislation to allow it to pass by-laws in order that it can control activity on the waterways for the benefit of all users.

Amendment No. 1g is to maintain navigation. In the Canals Act 1986 "the board" means Córas Iompair Éireann, CIE. CIE has no statutory responsibility to maintain navigations. Waterways Ireland's duty to maintain navigations is set out in section 5(1)(a) and it is unnecessary to repeat it here. This is why I do not feel the amendment is necessary. Amendment No. 1h is not within the statutory function of Waterways Ireland and would alter the body's legislative remit. It is not in the interests of the public or of community users.