Vol. 570 No. 2
338 Mr. Killeen asked the Minister for Communications, Marine and Natural Resources his plans to introduce primary legislation to provide for the introduction of by-laws by local authorities in relation to inland waterways; and if he will make a statement on the matter. [18641/03]
339 Mr. Killeen asked the Minister for Communications, Marine and Natural Resources if he will introduce primary legislation to ensure that local authorities will be enabled to make by-laws under section 37(2) of the Local Government Act 1994 in relation to waters within their functional area or jointly within the functional area of two or more authorities; and if he will make a statement on the matter. [18642/03]
I propose to take Questions Nos. 338 and 339 together.
Section 33(1) of the Merchant Shipping Act 1992, inserted by section 44(11) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000, provides for the introduction of regulations to provide local authorities with powers to enact by-laws for the control of personal watercraft and fast powercraft in areas under their jurisdiction. My Department has received legal advice that this provision might be open to challenge in light of recent case law, however. My Department has recently written to the Office of the Attorney General seeking advice on this matter and on the making of by-laws to control personal watercraft and fast powercraft under section 37(2) of the Local Government Act 1994.
