David Norris (Independent) | Oireachtas source

Amendment No. 29 provides that "In page 6, line 32, to delete 'a class D fine' and substitute “warning notices and fines as defined within the bye-laws". This is potentially a €1,000 fine. The fining system should reflect the seriousness of the offence. As it stands, this means that someone not displaying the permit correctly is open to the same fine as, for example, someone who discharges slurry into the canal. They are two totally different events in terms of their seriousness so there should be a system of provisional notice without fines, so sending a warning notice and-or fines. I have received communications from members of the public on the subject of fines. I will quote a letter from a decent woman who lives in Phibsboro, who said:

I sense there's a false understanding represented in the Heritage Bill that penalising the residents and moored boats along the canals will encourage more traffic on the canal. This is a conclusion reached with no research and no consultation with the boating community. Simply cycling along the canals (as I do often) it is clear to see that there are not enough moorings to facilitate the imposed movement, nor is it always possible to get these moorings due to travel restrictions currently in place. In essence imposing the penalty described in the bill will be like shooting fish in a barrel.

There is a certain degree of resistance from the general public out there on this. I recommend my amendment. With regard to a €1,000 fine, there is a lack of discrimination and a lack of fineness in the application of the law. It is wrong if a person can be fined this amount for the inappropriate displaying of a permit, on the one hand, and get the same fine for discharging slurry into the canal which will kill fish stocks and create a nuance and a very noxious situation. There should be more definition and discrimination. I will be pushing the amendment at least to a voice vote.