Seanad debates

Wednesday, 29 March 2017

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

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

I will touch on a number of the grouped amendments. I thank the Minister for facilitating the helpful consultation period in the AV room with Waterways Ireland staff. However, I was deeply disappointed by their level of interaction. There was none, and we felt as if our views did not matter. I can relate to the experiences of residents and others along the Barrow line, given that Waterways Ireland, which is a North-South body, seems determined to proceed irrespective of democracy or the wishes of local users. I was disappointed with the consultation. Perhaps we can touch on that issue later.

Regarding amendment No. 1x, Waterways Ireland must comply with screening and assessments under European legislation. I would appreciate clarification on the matter. Any planning process should cover this, but I would like to hear the Minister's comments on the by-laws in terms of this amendment.

Amendment No. 1y refers to 21 days, but the Minister indicated that she would increase the period to 90 days, which we welcome. Will she clarify how she will implement that? Presumably, a departmental amendment will be submitted on Report Stage. If so, that would be good. Not just local authorities, but all stakeholders and users should be covered by the 90-day period.

In light of the recent presentation given by Waterways Ireland in the AV room, an element of local democratic accountability must be brought into the mix. I do not mean "consultation" where people are told what will happen. That is not consultation, it is dictating, and it is what has happened to date. Consultation has to be prescriptive and there must be a statutory obligation on Waterways Ireland to engage with the element of democracy closest to the people, namely, the councillors and officials of local government. This must be done so that the interests of local stakeholders are protected. That is why the 90-day period is so important. While I welcome the period, there may be a requirement to follow up with additional measures, and I would be interested in the Minister's comments on same. Amendments Nos. 1aa and 1ab are linked to the matter of 90 days and I welcome that the initial amendment is being accepted.

Amendment No. 1ad refers to "Authorised Officers", a matter discussed by Senator Higgins. The amendment seeks to require authorised officers to present copies of the by-laws. This is only right. If there is an enforcement issue, at least the individual on whom it places a requirement knows which by-laws are being enforced.

I have lost the number of the next amendment, as they are confusing.

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