Seanad debates

Thursday, 13 April 2017

Heritage Bill 2016: Report and Final Stages

 

10:30 am

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

I acknowledge Senator Norris's excellent contribution and acknowledge his input into this area of the communication element of enforcing by-laws.

I acknowledge the Minister's willingness to accept our recommendations to increase the period of consultation around the objections to by-laws from 21 days to 90 days and placing the onus on Waterways Ireland to have an adequate consultation period which is in line with the consultation period in its own corporate plan. It affords an opportunity to all stakeholders and users, more importantly some of the stakeholders who are the local authorities or councillors, and the Minister has acknowledged that. It is important that there is a direct point of interaction between Waterways Ireland - a North-South body - and local councils, where democracy interfaces with the public at the closest point.

The Minister's amendment No. 19 places an onus on Waterways Ireland to furnish each local authority with a written copy of any proposals within the functional area of the local authority. That is vitally important. The 90 days is important. Take the example of a by-law issued in July. If a council did not hold its plenary meeting in August, the 90-day period means that it would still be able to raise objections by its meeting in September.

The issue of communicating the by-law by publishing it on the website has been addressed in section (ii) of amendment No. 25.

Senator Norris spoke on section (iii) of amendment No. 25 and the need for authorised officers to present the by-law in an electronic or hard copy format. I am relatively easy on that. I am not sure whether other authorised officers, such as fisheries officers within the Department of Communications, Climate Action and Environment working for Inland Fisheries Ireland, have to provide regulations. If they do not, it may be difficult to implement or request Waterways Ireland officials to implement it. I agree with the thrust of Senator Norris's request. I can only assume that there are going to be a lot of new by-laws coming down the tracks from Waterways Ireland, given its investment programme and developmental works. There is nothing wrong with that, and there is consultation built in, but if there are new by-laws coming down the tracks, then if people are in contravention of a by-law, they need to be clearly aware of what it is.There may be a need to update communications and there are ways of doing it. For example, Electric Ireland meter readers bring an electronic device to one's home which can read the meter. I do not see why officers, whether of Inland Fisheries Ireland, Waterways Ireland or any other State agency, would not have an electronic device. If one gets registered mail through the post, one does not sign a piece of paper rather one signs on an electronic device. There is a little pen. Technology has advanced, albeit I am not sure that is the perspective Senator Norris comes from with the amendment. It might be something to look at. I am not sure whether it can be incorporated at this stage. Is there a rationale for refusing to accept the amendment? Is there a constitutional issue which prevents it or another reason?

I thank the Minister for accepting the 90-day period. It is sensible and shows she is willing to take such steps.

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