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Dáil Éireann díospóireacht -
Thursday, 1 Dec 1960

Vol. 185 No. 4

Transport Bill, 1960—Committee Stage.

Question proposed: "That Section 1 stand part of the Bill."

On Second Reading, certain points were raised about the liabilities of C.I.E. in relation to the Royal Canal and while the Minister indicated that he believed they were covered, he arranged to look into them. The point about which I am most concerned is one which is not mentioned at all in Section 1. The practice has grown up over the years to supply water from the Royal Canal to farmers out as far as Maynooth under a terminable agreement.

The agreement is, without question, terminable in theory. In practice, so long as the canal remained a navigable waterway, it is quite clear the owners would have been delighted to get the extra revenue from supplying water. So long as it remained navigable, they would be naturally anxious to get any additional profits they could. But once it is closed to navigation, as this Bill authorises it to be closed, there may not be the same anxiety to retain water in the canal and the position may well arise that C.I.E. would terminate the existing agreements for the supplies of water to the neighbouring farmers.

If they did that—and they may possibly have the right to do it legally—I know certain farmers who would be ruined overnight because there is no other method of their getting water supplies and they have got them in this way not merely for decades but for fifty years and upwards in many cases. I think the Minister will find that virtually all the accommodation land on which cattle are kept on nights before the Dublin cattle market takes water from the Royal Canal under these agreements with C.I.E.

I want to be assured by the Minister that in closing the canal to navigation, not merely will the existing rights in respect of flooding and of road authorities—which are provided for in this Bill—be retained, but that there will not be any termination of the agreements by which water is supplied, at fees, of course, to the persons mentioned. I think it is significant that although C.I.E. are aware of the existence of those rights, there is no mention of them whatever in this section, though there is reference to our obligations in respect of flooding and of drainage. Why if this is so, why if the Minister's view as expressed during the Second Reading is correct, is there no mention of the legal obligations entered into for years and years to supply water to those people, and why is there not a saving section in the Bill?

Major de Valera

I should like the Minister to tell us what will the position be in regard to waterways after they are closed to navigation. There are certain works along the Royal Canal which, if not maintained, will completely deteriorate and disappear. The point Deputy Sweetman made about accommodation water supplies is also in question here. I have already suggested canals as emergency sources of water supplies to Dublin in certain circumstances—supplies which would be available to cope with fires, if there were disruptions of the normal water supplies. I am not therefore quite clear as to what closure to navigation will mean in respect to the canals.

There is another point to which I think the Minister should give attention. At the moment I do not think there is any particular threat in this matter, but along the Royal Canal north of Dublin there are towpaths which are used by people going out walking and as convenient short cuts. I take it that these towpaths will continue to be maintained, since the banks are regarded to some extent as amenities. Into this question also enters the point about the danger to children along the canal banks. What will be the position in future in respect to these towpaths both from the point of view of rights and of safety?

First of all I can assure Deputy Sweetman that the supplies of water to farmers from the canal will continue. The whole stretch from Liffey Junction to Mullingar will, in the foreseeable future, have the water level retained. It is only being closed to navigation. However, if at any time C.I.E. decide either to lower the level or abandon the Royal Canal altogether, they would have to submit their proposals to the Minister for Transport and Power of the day and he would ensure that no one would be put to any extra expense whatever in maintaining supplies. In other words, if C.I.E. wanted to discharge its obligation, it would have to make an agreement with some other body, possibly the local authority, to continue supplies. In making that agreement, no one would suffer financially and the water supplies would be maintained.

Why is that not in the Bill, as drainage is?

If the Deputy examines the 1958 Act, I think he will find those rights are preserved.

For this as well as the Grand Canal?

Suppose the Dublin Corporation should decide that it was in the best interest of the citizens to reclaim canals entirely and fill them in from the point of view of the allegation made in some places that they are breeding grounds for rats and also the cause of a number of drownings from time to time of children swimming in them—I also understand that the city medical officer believes that swimming in the canals contributes largely to polio—would the Corporation have authority to reclaim these canals and use them for some other purpose?

It is quite possible for C.I.E. to transfer to the Dublin Corporation the canals, but in actual fact, C.I.E. and Dublin Corporation are in consultation about the canal. The Grand Canal is no longer used for navigation, although it has not been formally closed. There are no barges run by C.I.E. on the canal. They are in touch with them in regard to the matter. They are also in touch in regard to the future of that section of the Royal Canal between Liffey Junction and Spencer Dock in the hope of making some arrangement for the preservation of the towpath.

Question put and agreed to.
Section 2 agreed to.

I am not happy about the omission of water rights, and I should like to put down an amendment for Report Stage. I know the Minister is going away, but one of his colleagues can deal with it for him. I might think about including the convenient towpaths for Deputy de Valera also.

Report Stage ordered for Tuesday, 6th December, 1960.
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