asked the Minister for Transport and Power the extent to which his Department supervise the operations of shipping and leisure craft at small estuaries, such as Malahide, County Dublin, to ensure that the positioning of moorings and so forth is properly controlled and that channels are kept free; and if he will introduce legislation or make regulations in this regard.
Ceisteanna—Questions. Oral Answers. - Shipping and Leisure Craft Operations.
11.
I have no statutory responsibility for the supervision of the operations of shipping and leisure craft at small estuaries such as Malahide. There is a common law right to navigation in boats or ships, and it is open to any person who feels that this right is interfered with to take such legal action as he considers appropriate. I have received no representations which would indicate that the situation at small estuaries calls for the introduction of legislation.
The Minister may not have received representations directly but Deputies concerned with the estuary mentioned have received many representations and that is why the question was put down. There is a major problem there as the main channel——
A question Deputy, please.
This is a typical example of what can happen——
I am awaiting a question.
This applies throughout the country. Would the Minister not consider bringing in some legislation where the main channel in an estuary is being blocked?
Certainly, if I received representations I would be prepared to look at the situation but I have not had any representations in that regard from any part of the country, including Malahide.
What is the proper authority to decide where the moorings may be made in estuaries and other places?
If there is a harbour authority, they are the responsible body.
If there is not a harbour authority?
Then there is nobody responsible. People have a right to lay moorings provided they do not interfere with navigation and it is up to the person who feels his right in this regard is being infringed to take civil action in the matter. If there is not a harbour authority, there is no controlling body.