Dáil Éireann Debate, Wednesday - 11 October 2023
116. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if Section 12(2) of the British-Irish Agreement applies to Waterways Ireland; if this provision includes lease agreements and encroachment licenses, on foreshore or Waterways Ireland property; and if he will make a statement on the matter. [44407/23]
View answer117. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if Waterways Ireland is a State authority to which Section 13(1)(b) of the Statute of Limitations 1957 would apply. [44408/23]
View answer118. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if negotiations regarding any disposal of assets by Waterways Ireland are subject to full transparency; and if he will make a statement on the matter. [44409/23]
View answer119. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if Waterways Ireland has or would consider issuing a commercial operating licence to operators for developments before they are regularised and legalised; and the checks that are currently in place before issuance. [44410/23]
View answer120. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if Waterways Ireland has utilised any unauthorised developments for the purpose of boat storage, repair or maintenance in the past five years; and if he will make a statement on the matter. [44411/23]
View answerI propose to take Questions Nos. 116 to 120, inclusive, together.
Waterways Ireland is a North-South body under the British-Irish Agreement Act 1999, overseen by the North South Ministerial Council and sponsored jointly by my Department and the Department for Infrastructure in Northern Ireland.
Section 12(2) of the British Irish Agreement Act 1999, applies to Waterways Ireland and includes the acquisition or disposal by means of lease of an inland waterway. Waterways Ireland cannot dispose of assets without the prior consent of its Sponsor Departments, or of an inland waterway without the consent of the North South Ministerial Council.
Waterways Ireland is a State authority within the meaning of Section 13(1)(b) of the Statute of Limitations 1957, which provides that an action to recover foreshore may be brought by a State authority at any time before the expiration of sixty years from the date on which the right of action accrued to a State authority. The vast majority of the navigations in respect of which Waterways Ireland has responsibility are inland non-tidal waterways which do not include foreshore as defined in Section 2 of the 1957 Act.
Waterways Ireland enters into commercial operation licence agreements with successful applicants who apply to to conduct commercial activity on the navigations and property they manage. A valid commercial operation licence agreement with Waterways Ireland is required prior to the commencement of any commercial activity. Waterways Ireland is not a planning authority. Responsibility for planning enforcement relating to breaches of planning legislation and unauthorised developments rests with the relevant Local Authority.
In relation to whether Waterways Ireland has utilised certain developments for the purpose of boat storage, repair or maintenance in the past five years, that information is not held in my Department. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for Waterways Ireland is ceoffice@waterwaysireland.org
Question No. 117 answered with Question No. 116.
Question No. 118 answered with Question No. 116.
Question No. 119 answered with Question No. 116.
Question No. 120 answered with Question No. 116.
