Seanad debates

Wednesday, 29 March 2017

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

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

As I outlined previously, officials from my Department had a very positive meeting with the Inland Waterways Association of Ireland to discuss some of the concerns over the canals provisions. Many of the issues covered in the amendments were discussed along with other canal-related issues. There was a shared understanding on both sides of the importance of the canals to rural areas for tourism development and local communities. The Inland Waterways Association of Ireland recognised the rights of the regulator to regulate and that legislation should cover regulators, user requirements and by-laws. The importance of having regular engagement was acknowledged and my officials are happy to work with the IWAI on any issues of concern it may have. My officials also had a very good meeting with Senators for which I thank them.

The proposed amendments Nos. 1x and a1y are not needed because any provision in the Canals Act that makes or may make provision for land use must comply with the obligations under the European Communities (Birds and Natural Habitats) Regulations 2011. As with everyone else, Waterways Ireland is subject to habitats directives. If we keep repeating it in legislation, it becomes very cumbersome. It is given that it has to comply with them so there is no need to put that in.

Amendment No. 1y is about notifying identified users. Waterways Ireland automatically notifies all registered boat users, representative groups and local authorities as part of the process. My problem is that there is no such thing as a registered user of a canal. It would be very hard to identify them. This public consultation or notification would be run on the same basis as a local authority would do it, by advertising in the newspaper and publishing it on the website. It is incumbent on those using the canal to make themselves aware of any changes that might be made.

As I have indicated, I am happy to introduce an amendment on Report Stage to extend the consultation period for making the by-laws to up to 90 days. That gives people with an interest in the canals and waterways 90 days to make a submission. By stating registered users, someone could be left out and we would not even know who had been left out. It is very hard to do that. However, there is a register of boat users and we will advise them.

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