Category Archives: Sources

Join the elite while saving the nation

One of the most exclusive groups in Ireland is that of the boat-owners who pay Mineral Oil Tax on the diesel they use for private pleasure navigation. My own view is that, if you make payment of a tax effectively optional, most people won’t pay it. I have been providing supporting evidence for some time here, here, here and here, from which last I can say that there were 23 law-abiding boat-owners in Ireland last year (and 8816 boats registered on the Shannon, not to mention those based on other waters).

Clearly, this ridiculous system should be abolished: boats using diesel for private pleasure navigation should be forced to use non-marked fuel and pay the full non-rebated rate. Until that happy day comes, those who wish to join the respectable classes can download the return form for 2013 here [PDF]. Mineral Oil Tax on fuel used in 2013 is to be paid by 1 March 2014.

Bang ’em up? Alas, no more

According to the Sindo,

Concerns were also expressed that the new system of fines “will see the canals fall into a similar state of dereliction to the 1960s, when entire sections of the waterways were filled in”.

Right. Well. Yes. The Sindo evidently has its own definition of the word “new”. This is from Section 7 of the Canals Act 1986:

(3) A person who contravenes a bye-law under this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 (together with, in the case of a continuing contravention, a fine not exceeding £100 for every day on which the contravention is continued and not exceeding in total an amount which, when added to any other fine under this paragraph in relation to the contravention concerned, equals £1,000) or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine or fines and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £5,000 (together with, in the case of a continuing contravention, a fine not exceeding £500 for every day on which the contravention is continued) or to imprisonment for any term not exceeding two years or, at the discretion of the court, to both such fine or fines and such imprisonment.

Emphasis mine.

So a Sindonian “new” includes anything up to twenty-eight years old.

The provisions of the Canals Act 1986 were modified by the Maritime Safety Act 2005. Now, I am not a lawyer, but this is what I think is happening. I would be glad to hear from any of My Learned Friends who happen to be passing. My interpretation, open to correction, is this:

  • under the Canals Act 1986 and the 1988 byelaws, contravention of a byelaw is an offence for which offenders can be fined or imprisoned or both; the severity of the sentence depends on whether there is a summary conviction (District Court) or a conviction on indictment (higher courts)
  • the Maritime Safety Act 2005 increased the level of fines, removed the threat of imprisonment and made all but one of the offences subject to summary conviction, thus confining all prosecutions to the District Court
  • the exception is that contravention of byelaws relating to fees, tolls and charges is no longer an offence: Waterways Ireland may instead initiate civil court proceedings to recover amounts owed and may (presumably) seek to have any judgement enforced through the usual channels
  • the Maritime Safety Act also provides an alternative to prosecution for alleged breach of those byelaws whose contravention is still an offence. In such a case, Waterways Ireland may issue a fixed payment notice, seeking the sum of €150 which, if paid, will avoid prosecution. The proposed Byelaw 7 will enable this provision to be implemented.

Working out how a speedy system of enforcement will lead to the filling in of waterways requires an exercise of the imagination that is beyond me. But the only thing that is new here is that Waterways Ireland is implementing a power that it has had for seven years. Under the system introduced in 2007:

  • offending boaters can no longer be imprisoned
  • a breach of the byelaws is now a summary and not an indictable offence
  • non-payment of fees etc is no longer an offence but WI can recover the money through a civil court proceeding and by enforcing a judgement
  • for those breaches of byelaws that are still offences, there is a fixed-penalty alternative that avoids prosecution.

I think that the explanatory note at the end of WI’s draft byelaws document is badly drafted in that it does not explain the difference between breaches of byelaws that constitute offences and those (relating to fees etc) that do not. On the whole, the 2007 rules, now being implemented, seem to me to represent an easing of the rules on enforcement.

I repeat: I am not a lawyer; my interpretation may be mistaken. Caveat lector.

Pull the plug: drain the canals

The worst aspect of the piece published by the Indo last Sunday is that information is presented entirely without context. Persecuted boatowners are, it seems, to be forced to pay money, and the economy of the canals (such as it is) is to be damaged, for no reason whatsoever. The assertions of the boatowners go unchallenged.

Happily, this site provides a bilge-cleaning service. Here is the news.

1. Waterways Ireland is in dire financial straits

I have written extensively here about Waterways Ireland’s finances. I pointed out that there is a continuing dispute between the NI minister responsible for waterways and her southern counterpart, but that if the RoI government gets its way WI’s income will be cut by one third between 2010 and 2016. I showed that WI’s operating income is negligible and that most categories of expenditure have already been cut; I also showed that retirements will increase the cost of pensions benefits from just under €1000000 in 2011 to just under €2400000 in 2016, which will account for 10% of the total real staffing budget.

The combined effect is that Waterways Ireland needs to make further cuts in its spending, but that its scope for doing so is extremely limited: further cuts are bound to affect the staffing budget. WI’s only other option is to increase its (pathetically small) operating income.

2. canals and Barrow are disproportionately expensive

Here, I gave WI’s programme costs for 2011, taken from the annual report for that year (the most recent available). Here they are again, rearranged:

Royal Canal €2908k
Grand Canal €1556k
Barrow €600k

Total Canals + Barrow €5064k

Shannon €1882k
Erne & Lower Bann €478k
Shannon–Erne Waterway €658k

Total other waterways €3018k

There are all sorts of caveats to be entered about these figures: for instance, as I observed here, WI has different levels of non-navigational responsibilities on different waterways, and programme costs do not include staffing costs; nor do they include overheads like IT, marketing, personnel and so on.

But the Canal-and-Barrow costs clearly offer more scope for cutting than those for other waterways, as WI’s Corporate Plan 2011–2013 recognised. I showed here that it proposed these cuts for the period:

  • Grand Canal €910,000
  • Royal Canal €503,000
  • Barrow Navigation €387,000
  • Shannon Navigation €662,000
  • Shannon–Erne Waterway €232,000
  • Erne System €70,000
  • Lower Bann €69,000.

That’s €1800ooo in reductions from Canals + Barrow, €1033000 from the rest. However, budget developments since that plan was drawn up are likely to have increased the amounts required to be cut.

3. Canals and Barrow boaters get huge subsidies

I do not have up-to-date figures for the numbers of boats on the waterways, but suppose for the sake of argument that there are 500 on the Canals + Barrow and 8000 on the rest. I am confident that those figures are of the right order of magnitude.

In that case, counting only WI’s programme costs for the waterways in question and excluding staffing and central overheads, the costs to the taxpayer are:

  • Shannon, Erne, Shannon–Erne, Bann: €377.25 per boat
  • Grand, Royal, Barrow: €10128 per boat.

I hope to be able to provide better figures later, but the exact figures don’t matter very much: the point is that every boat on the canals and Barrow is benefiting to an enormous extent from taxpayer support. The poor persecuted boaters are seeking the continuation of a very, very privileged position: owners of camper vans, for instance, get no comparable benefit.

4. Canals and Barrow boaters contribute very little

I have figures for the numbers of boats on the canals and Barrow that held permits in September 2013. I have sought those for December, but I suspect that the number did not greatly increase by the end of the year.

By September:

  • 254 boats had Combined Mooring and Passage Permits
  • 134 boats had Extended Mooring and Passage Permits.

So the total contribution by boaters to the cost of the canals and Barrow was (254 X €126) + (134 X €152) = €52372, about 1% of the programme costs for the three waterways, which means it was considerably less than 1% of the total costs including salaries and overheads.

Let me dwell on that for a moment. The poor persecuted boaters, some of them members of organisations that claim to value the canals, themselves think that the canals are worth only €50000 a year, because that’s all they’re prepared to pay. It is not clear to me why anybody else, like the taxpayer, should pay more.

The poor persecuted boaters are now being asked to pay more than 1% of the total cost of the waterways they use (and, presumably, support). I would have thought that they would welcome an opportunity to contribute.

These figures also suggest that the level of compliance on these waterways is low, although I accept that my figures are inadequate and I will try to obtain more comprehensive information.

5. canals and Barrow are a poor use of public money

It is not clear how the taxpayer benefits by keeping the canals and Barrow open to navigation. Suppose Waterways Ireland were to open all the racks, drill holes in the bottoms of aqueducts and run off all the water. What then?

I suspect that it wouldn’t be that simple: that there are engineering-type reasons why some structures would need to be maintained and some water flow kept up. Perhaps the Morrell Feeder would suffice to keep the Grand Canal in Dublin looking nice; the flow from the Milltown Feeder, the canal’s main supply, could be sold off to Irish Water to relieve the Dublin drought. The Royal could simply be abandoned altogether; the Barrow would continue to be navigable by canoes and small craft. Shannon Harbour and Richmond Harbour could be kept in water (by pumping if necessary) and operated as commercial marinas, charging commercial rates.

Staffing could be reduced: even if there were no immediate redundancies (or transfers to Irish Water), the need for any new recruitment would be avoided for some time. Overtime would never be required and Irish Rail wouldn’t have to lift Effin Bridge.

So who would lose? The Irish tourist trade would hardly notice: as far as I can see, very few tourists go boating on canals or Barrow. There are two small hire firms on the Barrow Line, but apart from them there are (as far as I know: correct me if I’m wrong) only individual boats for hire here and there. Unless a large, well-capitalised firm, with a large marketing budget, moves in here, I can’t see there being any significant tourism activity that relies on there being water in the canals. Walking and cycling routes could be improved along the towing-paths, while the Barrow could also cater for canoeing and kayaking.

Who else benefits from having the canals and Barrow navigable? A publican or two in rural areas will sell an extra pint or two to passing boaters whose money might otherwise have been spent in Dublin; a takeaway in Tullamore will have a tiny increase in turnover … but that’s about it. This vast expenditure moves the spending of a few quid from Dublin to Daingean, but I doubt if the total is enough to create even one job in any location. I cannot see that there is any multiplier effect worth talking about.

Furthermore, such business as there is is highly seasonal, with very few boats moving any considerable distance other than in short periods in spring and autumn. Traffic is low in winter and summer.

Over the last ten years canal businesses have closed down. There were four hire fleets on the Barrow: they’ve all gone. Various trip boats have gone. Lowtown Marina is for sale. All of that during a period when capital expenditure on the canals was rising, facilities were being improved and charges to users ranged from low to non-existent.

I suggest therefore that spending on the canals and Barrow is not of any benefit to the tourist industry and is of minimal benefit to commercial service providers along the waterways. Instead the benefits go largely to two groups: the employees, who work for what they get, and the boat-owners.

6. Waterways Ireland should share the benefits

The cost of a year-round berth for a 60′ barge at a marina in a small village on the east (Dublin) side of Lough Derg is €3000. Lower rates are available on the west side.

The cost of a year-round berth for a 60′ (or any other size) barge in Shannon Harbour, a small village on the east (Dublin) side of the Shannon is currently that of an Extended Mooring and Passage Permit, €152. Thus Waterways Ireland is providing a benefit worth over €2800 to someone keeping a barge at Shannon Harbour.

I can see no good reason why Waterways Ireland should allow the Shannon Harbour owner the whole of that benefit: it would seem reasonable that Waterways Ireland should claw back at least half of it. Most marinas charge by the foot (or metre) of length, so rates for other boats could be worked out in proportion.

A berth at Shannon Harbour enjoys easy access to the Shannon; a berth in (say) Pollagh is less favourably situated and might thus be charged for at a lower rate. But berths closer to Dublin – say at Sallins or Hazelhatch or at the Leinster Mills on the Naas Branch — should attract a premium. And folk who are saving money by living in boats should be happy to share part of their savings with Waterways Ireland. (I don’t know what the premiums should be but, in another post, I’ll discuss pricing.)

The point here, the point ignored by the Indo, is that Waterways Ireland needs to narrow the gap between income and expenditure on the canals and Barrow. It is entirely fair that it should charge for the services it provides and that the burden should be borne by those who benefit.

However, it should be noted that WI’s charges are not inescapable: anyone who does not want to pay them is at liberty to remove his or her boat from the canal or Barrow and place it elsewhere, or to sell it and buy a camper van.

That being so, I see no more ground for objecting to any level of charge that WI might bring in than there is for objecting to the prices in, say, Brown Thomas.

Envoi

If (as seems to be the case) boaters’ organisations are incapable of engaging in rational discussion of the funding and management of the waterways, I suggest that Waterways Ireland should ignore them. Just pull the plug, shut down the canals and spend the savings elsewhere.

WI and the state should not continue to spend ridiculously large amounts of public money subsidising the leisure activities of a small number of people, who don’t themselves value what they’re getting, when there is little benefit to the economy as a whole. There has to be some better balance between income and expenditure on the canals and Barrow.

Who he?

Question 3651, put to George Halpin, Inspector of Works at the Ballast Board, Dublin, at a session of the House of Commons Select Committee on the Dublin and Kingstown Ship Canal on 16 July 1833, Daniel O’Connell in the chair:

Who is Captain Bligh?

A very eminent nautical surveyor. […]

I thought everyone would have known about Bligh: wasn’t he famous for his breadfruit?

Lowering Lough Ree

I reported in October and in November on the lowering of the level of Lough Ree, in advance of heavy rain, to see whether that would help to manage flooding on the Shannon Callows further downstream.

The interim data from the experiment is available on the OPW website here [seven-page PDF]. The conclusion is:

Conclusion
From the water level records, it is apparent that the closing of the gates at Athlone weir in anticipation of a rise in water levels on Lough Ree led to a temporary lowering of the Shannon water levels immediately downstream of Athlone. This possibly delayed inundation of the Shannon callows downstream of Athlone by a number of days. To determine whether the extent or depth of eventual inundation was in any way reduced by the experiment will require more detailed analysis by the CFRAM consultants. Data is available on request from Hydrometric Section if required.

It should be stressed that this is an interim report. This CFRAM background document [PDF] is still useful.

It is not clear to me why the state should spend any money improving the value of privately owned riverside land that is of marginal benefit to the economy.

 

Cutting and pasting

One of the problems with all this newfangled technology is that some things — like, for instance, copying a block of text from one document into another – are so easy that folk may forget to check their work afterwards.

Consider, for instance, the Office of Public Works, which seems to have a block of boilerplate text ready for answering written boilerplate questions from midlands TDs who have discovered that things get wet when it rains.

On 22 January 2014 Denis Naughten [Ind, Roscommon/South Leitrim, which — let it be admitted — The Lord intended to be rather boggy and sad] had this question:

To ask the Minister for Public Expenditure and Reform the steps being taken to address flood risks within the Shannon basin; and if he will make a statement on the matter.

The answer tells Mr Naughten about CFRAM — nothing he didn’t know before he asked, I imagine — but it included this sentence:

On foot of discussions between my colleague, Minister of State Hayes and the IFA, and with the cooperation of both the ESB and Waterways Ireland, a water level monitoring exercise is being carried out as part of the CFRAM process which will allow for analysis of water flows and levels at key points around the Lough Ree and Callows areas.

The highlighting is mine: it seemed a bit odd because this written answer was allegedly being given by Mr Hayes.

Mr Naughten had another Q&A here, but it’s not very interesting.

 

 

 

 

Horace Kitchener and the peat briquette

I commented recently on the posthumous honour awarded to Kerryman Horace Kitchener, born at Ballylongford near Saleen Quay on the Shannon estuary. Part of the cost of building Saleen was paid by the College of the Holy and Undivided Trinity of Queen Elizabeth neare Dublin (whose present gaffer wants to change its name to something more snappy and brand-like, probably with an exclamation mark or a number in it (maybe he would like something modern: L33T or D00dz!, perhaps). The College of the Holy and Undivided Trinity of Queen Elizabeth neare Dublin owned large bogs in the area and sent turf to Limerick by boat.

Another turf connection has just come to my notice. Donal Clarke, in Brown Gold: a history of Bord na Móna and the Irish peat industry (Gill and Macmillan, Dublin 2010, but it is no longer on their website), says that in the 1850s Horace’s father experimented at Ballycarbery [which seems to be a long way from Ballylongford] “with the production of peat charcoal for se in the manufacture of gunpowder” and, in the process, discovered a way of making peat briquettes.

Not a lot of people (apart from Donal Clarke’s readers) know that.

Incidentally, Kitchener appears in this trip around the world with Irish waterways.

Matters of minor importance

Some recent(ish) discussions amongst the People’s Representatives. I haven’t time to analyse them all. All links courtesy of the estimable KildareStreeet.com.

Brendan Smith [FF, Cavan-Monaghan] wants a sheugh in Clones; he got the usual answer. And he allowed Jimmy Deenihan [FG, Kerry North/West Limerick] to announce, on 19 December 2013, the death of the suggested extension of the Erne navigation to Lough Oughter [loud cheers]:

Brendan Smith: To ask the Minister for Arts, Heritage and the Gaeltacht if he has received the feasibility study on the proposed extension of the Erne navigation from Belturbet to Killeshandra and Killykeen; and if he will make a statement on the matter.

Jimmy Deenihan: I am informed by Waterways Ireland that it commissioned a Strategic Environment Assessment for the possible extension of the Erne Navigation from Belturbet to Killeshandra and Killykeen.

On reviewing the environmental information from this process, Waterways Ireland considers that the environmental designations of this lake complex make the feasibility of the proposed navigation extension highly unviable. For that reason, I am advised that Waterways Ireland does not propose to pursue this project any further at this time.

Well, that’s one minor victory for sanity. Here’s how a dredger got to Lough Oughter in 1857.

Maureen O’Sullivan is anxious to recreate the economy of the eighteenth and nineteenth centuries by using canals for carrying cargoes. Especially on the Shannon–Erne Waterway, where commercial carrying was so successful before. [What is it about the Irish left?] Thank goodness that the sainted Leo Varadkar gave not an inch: someone should make that man Taoiseach, President and Minister for Finance. And Supreme Ruler of The Universe and Space.

The web-footed inhabitants of the midlands, who have discovered that they live in a flat area with rivers, keep wittering on about Shannon flooding, failing to realise that it is a message from The Lord, telling them to either (a) move to higher ground, eg Dublin, or build arks. On 15 January 2014 Brian Hayes told Denis Naughten, inter alia, that info from the recent OPW/CFRAM monitoring of water levels on Lough Ree (which I think was when the levels were lowered) would be placed on the OPW website “in the coming days”; I haven’t been able to find it yet so I’ve emailed the OPW to ask about it. And on 21 January one James Bannon said that he intends to introduce a bill setting up a Shannon authority, which will have magical powers. Well, if it doesn’t have magical powers it won’t be able to stop the Shannon flooding, but perhaps it’s designed to allow the unemployed landowners of Ireland another forum in which to demand taxpayers’ money to prop up their uneconomic activities.

Finally, a senator called John Whelan wants a longer consultation period on the proposed amendments to the canals bye-laws. I suppose I’d better read them  myself.

Reading list

Waterways Ireland has been putting out more and more stuff on its website.

If you haven’t already seen them, you can get the full set of Product Development Studies, in PDF format, here.

Even more interesting, to this site, are the waterway heritage surveys. Those for all waterways other than the Shannon are available here. The Shannon study was done some years ago (I remember making some comments on it at the time) and will be uploaded “in due course”.

I was in a WI office yesterday and had a quick look at the Lower Bann survey, which was done by Fred Hamond (so we know it will be good), and I’m looking forward to learning more about the waterway I know least about. It is done thematically and has lots of illustrations: Fred is able to see and present the bigger picture, but a full database, with all the supporting information, is available on request.

Maureen O’Sullivan asks sensible questions …

I am happy to report that Maureen O’Sullivan TD [Ind, Dublin Central] asked some sensible written questions in the Dáil on 15 January 2014.

Under the rather odd heading “Waterways Ireland Remit“, she asked Jimmy Deenihan [FG, Kerry North/West Limerick; Minister for the City of Culture]

[…] if he will include work on land maps to determine what land abutting the canals is owned privately, by Waterways Ireland, the Railway Procurement Agency, Iarnrod Éireann, Dublin City Council, Office of Public Works or other; and if he will make a statement on the matter.

The minister replied:

I am informed that Waterways Ireland already has an ongoing programme to modernise historic canal ownership maps and register navigation property in its ownership.

She put another question to Jimmy Deenihan under the same heading; you can see the link between the two questions:

[…] having regard to the prospective re-opening of the Royal Canal towpath at Portland Place in Summer 2014 further to the refurbishment of the collapsed wall at Portland Place and having regard also to the Spencer Dock Greenway Project and the re-lining works to be carried out at the sixth level, if he will direct Waterways Ireland to commission a strategic environment assessment for a new canal-side walkway along the south side of the sixth level of the Royal Canal at Phibsborough from Shandon Gardens to the railway bridge at the seventh lock with a new pedestrian crossing (details supplied); and if he will make a statement on the matter.

The only problem with this is that even getting an environmental assessment done is likely to strain WI’s budget at the moment, so it’s not a good time to be suggesting new expenditure. However, it didn’t matter in this case, as Jimmy Deenihan explained:

I am informed by Waterways Ireland that it does not own the lands on the southside of the Royal Canal between Shandon Gardens and the 7th lock, at Liffey Junction and therefore will not be commissioning a Strategic Environment Assessment for a new canalside walkway.

She also asked Alan Kelly [Labour, Tipperary North] about that:

[…] noting that it is the intention of the National Transport Authority to pursue a cycling and walking greenway along the Royal Canal in Dublin city, if he will ask Iarnród Eireann, the Railway Procurement Agency and Dublin City Council to assess the viability of opening a new walkway along the Royal Canal, 6th level, from Shandon Gardens to the 7th lock with a new footbridge at the 7th lock railway crossing linking to the existing Greenway route; if, in particular, this option will be explored alongside any re-lining work that might be undertaken by Waterways Ireland along that level.

He said:

The development of walking and cycling facilities within the Greater Dublin Area is a matter for the National Transport Authority (NTA) in conjunction with the relevant local authority, which is Dublin City Council in this case.

The NTA provides funding to local authorities for a range of schemes to benefit pedestrians, including new walkways, under the Sustainable Transport Management Grants Programme. Accordingly, I have sent your request to the NTA and have asked them to reply to you directly in relation to the above matter.

I’m all in favour of getting money from other people to pay for waterways.

Finally, under the heading of Inland Waterways Development, she had another question for Jimmy Deenihan:

[…] if he will explore all possible options within current fiscal constraints to advance and develop the potential of the Royal and Grand canal lines that pass through Dublin city; if he will establish an inter-agency group on the Dublin City reaches of the Royal and Grand canals; if he will explore ways to advance their development, examining funding options, including existing funding streams and the leveraging of funding from other sources and the possibility of EU funding which may be available.

I might say at this stage that I don’t see why TDs are asking ministers about stuff that they could find out themselves by asking WI directly. It’s not as though they’re going to get a lot of favourable publicity by doing so: this isn’t the PAC grilling a hospital or charity board and the meeja aren’t really interested.

Anyway, Jimmy Deenihan replied:

As the Deputy may be aware, the Dublin City Canals Study [PDF] was launched on 20th July 2010. This was prepared by consultants on behalf of Waterways Ireland, Fáilte Ireland, Dublin Docklands Development Authority and Dublin City Council. The study examined the existing activities on the Royal and Grand Canals and identified an overall vision for the development of the City Canals within the M50. I am advised that following on from the study an Operations Liaison Group plus two sub-groups (one for the Royal Canal and one for the Grand Canal) were established and continue to meet to deliver the recommendations identified, within the current fiscal constraints.

I am informed that to complement the above study, Waterways Ireland engaged additional consultants to carry out a detailed study of Grand Canal Dock and Spencer Dock with the objective of producing a Master Plan, currently at draft stage, that realises their potential as a recreational amenity and a living, vibrant part of Dublin and its Docklands. Waterways Ireland will continue to work collaboratively to unlock the pivotal role of these two major docks and to attract funding to develop a maritime quarter within the city of Dublin.

I wasn’t very impressed by the Dublin City Canals Study, which didn’t seem to me to be rooted in actual conditions in Dublin. I will look forward to seeing the master plan for the two dock areas.

Anyway, that was a more sensible set of questions from Maureen O’Sullivan, and it kept her off the subject of Effin Bridge.