Inland Waterways Maintenance

Dáil Éireann Debate, Wednesday - 28 November 2012

Wednesday, 28 November 2012

Questions (42)

Clare Daly

Question:

42. Deputy Clare Daly asked the Minister for Arts, Heritage and the Gaeltacht the reason an indemnification is being sought for Waterways Ireland from residents who are seeking a combined mooring and passage permit in view of the fact that insurance companies will not cover such an indemnity. [52867/12]

Written answers

Minister for Arts, Heritage and the Gaeltacht

I am advised by Waterways Ireland that it and its predecessors have always sought a signed indemnity from boat owners making an application for a permit. This requirement has been reflected in the Waterways Ireland permit application since the body came into existence. Waterways Ireland has just introduced a new permit application form and the historic indemnity wording has been updated.

I understand that an indemnity is required to protect Waterways Ireland against loss or damage in the event of any claims which arise and are caused by a third party, as outlined in the indemnity clause.

Waterways Ireland derives its authority to impose indemnity requirements under the Canals Act 1986 (Bye-Laws) 1988, which states:

6(1): The Commissioners may issue permits to authorise and regulate the use of boats on the canal property; and

6(2): Permits may contain such reasonable written conditions as the Commissioners think fit.