Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I agree with Senators Craughwell and Paul Daly. This issue creates a new dynamic in a Brexit world. The Good Friday Agreement and its institutions are enshrined within the European Union and within the United Nations, so I presume they would override any post-Brexit scenario, but I am not sure of that. One would assume that but we cannot be sure. There may be a requirement for clarity here.

Has the Minister's Department sought the advice of the Attorney General or sought advice elsewhere regarding this particular issue? This Bill was drafted and introduced pre-Brexit and now we are in a post-Brexit situation. Has there been any engagement between the Minister and her northern counterpart regarding the canals element of the Bill? Has any concern been expressed by the office of the Minister's northern counterpart regarding this Bill being within the confines of other items of legislation within the Republic. It is not a standalone Bill, there are other aspects attached to it.

I wish to raise two points regarding the Minister's response, with which I would disagree. The first is that she argued there are no new powers being provided under this legislation.The Minister is right in saying that. There are, however, powers being taken from an exclusive State-owned entity, Córas Iompair Éireann, CIE, and given to a North-South body. There is a dilution of powers in the overall island context. The communities in the bowels of Carlow, Kilkenny, Laois and Kildare are seeking assurances that the navigation network will not be disturbed. That is why these amendments are being put forward. What I have heard so far does not reassure me.

I attended a very welcome briefing in the Minister's Department where the officials engaged, as did Senator Daly. The Department has confidence in Waterways Ireland. I would reserve confidence in it, however, for the following reasons associated with the Barrow Line saga. A planning application has been submitted to Carlow County Council. There are two other local authorities, Laois and Kildare, where it is anticipated that planning applications will be submitted for ripping up a grass surface and replacing it with chippings. I travelled along the grass and along a section where the new suggested surface in Graiguenamanagh has been installed and it is a mess. The surface is gritty. Potholes emerge after a while. If there is flooding on the river there is nowhere for the water to go. When there is a grass verge at least the water can get away and it is natural to the local environment. Cyclists, walkers, fishermen, everyone can use the current surface.

A civil engineering report by Kildare County Council which was released under freedom of information to the Save the Barrow Line committee highlights that the current towpath is not wide enough to accommodate the proposed two-way cycling route which Waterways Ireland is trying to develop. The report also states that it is suggested that the towpath, which is 115 km from Monasterevin in Kildare to St. Moling's in Carlow, be replaced with this hardcore surface of rolled, crushed, limestone dust. According to the civil engineer with Kildare County Council, it would be 50% more expensive than a bound surface over the same lifetime. It is the kind of surface that will be washed away when the river floods, a complete and utter waste of money. It will cost, anecdotally, €7 million to put the surface in place, then it will costs thousands of euro every year to maintain the surface because of the mess we see at St. Moling's.

The Minister may have faith in Waterways Ireland but I do not because the consultation the Minister speaks of is a statutory consultation being brought about because it is applying for planning permission, not because it is instigating the consultation. None of the correspondence sent from the Barrow Line volunteers and committee members to Waterways Ireland has been answered. How can we have faith in this organisation? How can we give it exclusive powers to maintain and develop when it will not listen to the local people? There are local landowners, farmers, walkers, users and boat owners and we must exercise care.

I appreciate that the Minister comes in here with the best will in the world but her good intentions will be shortlived if Waterways Ireland proceeds with the plan it is trying to get permission for. The consultation has been non-existent. There is a report from Kildare County Council. It is fairly detailed and I could read many paragraphs from it here today but, to summarise, the report is damning about the recommendations of Waterways Ireland. This is written by a civil engineer employed by a local authority. We have to revisit what Waterways Ireland is engaged in. Its consultation and motives are questionable and are not in keeping with the views of locally-elected councillors and other public representatives in these Houses.

A former Member of this House, Larry Butler, has been to the fore in raising concerns in his own area along the Barrow Line outside Graiguenamanagh. It would destroy a beautiful grassy surface to dig this up and replace it with what Waterways Ireland suggests. It would be abandonment of a natural resource and would be a disgrace. I walked along there and took pictures. I am not sure if the Minister or any of the officials involved in drafting this legislation have visited the area. While that issue may be a planning matter, outside the realm of this Bill, they are linked because of the consultation period here and Waterways Ireland's role in respect of its development plans. I do not have faith in it and that is why we seek the designation to make sure that people can use the navigation system. If Waterways Ireland is not listening to the local people at the moment with a development plan, can we be sure that with powers being transferred from Córas Iompair Éireann to Waterways Ireland it will listen in the future? I am not so sure.