Tag Archives: waterways

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.

Asleep at the wheel

I see from one of the blatts that some boating folk are complaining about the prospect of reduced taxpayer subsidies for their canal-and-Barrow holidays. I’ll deal with the burden of their song later, but I was struck by the lack of foresight suggested by Mr Drennan, the author of the Indo story:

[…]  concern is growing about the shortness of a consultation period, which will close on February 3.

The timetable for consultations on proposed Waterways Ireland byelaws is set out in the Maritime Safety Act 2005, which amended the Canals Act 1986 and the Shannon Navigation Act 1990, giving people 21 days to submit objections to proposals. I cannot see why anyone should now be surprised or concerned that Waterways Ireland is obeying the law.

Furthermore, it’s not as if Waterways Ireland’s intentions were not known. For instance, on 25 September 2012 WI said in a press release:

Waterways Ireland has proposed a small number of draft amendments to the current Bye-laws which date from 1988. These include proposals to provide a range of charges for mooring permits that reflect the location and services provided throughout the canals and also will take into account the size of boat. These proposals include low cost rural moorings on soft banks to ensure the canals are accessible for everyone who owns a boat and requires a mooring. Boat owners allocated an extended mooring location in key areas in villages or towns or with services should be aware that if the new Bye-laws are approved Waterways Ireland will increase the charges for moorings in the future to reflect the location, services, and size of boat.

Anyone who has been paying attention to waterways affairs for the past few years must have been well aware of the direction of change. There has been plenty of time for folk to formulate their objections — or even to come up with sensible alternative long-term strategies.

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.

 

 

 

 

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.

War over waterways: Sinn Féin -v- the Free State

I reported here that, in June 2013,the North South Ministerial Council (in inland waterways format) approved, on the same day, Waterways Ireland’s business plan and budget for 2012 as well as its annual report and draft accounts for that year. In other words, it approved the budget and plan eighteen months after the start of the year to which they applied; it approved the plans for 2012 and, on the same day, approved the outcomes.

Furthermore, by November 2013, 88% of the way through 2013, it had not approved the budget for that year (I don’t know whether it has yet done so). And, as of today (22 January 2014), WI’s annual report for 2012 has not yet been published.

I wrote:

Is it possible that one minister wants to spend very much more or less on waterways than the other does? As the total current expenditure is fixed at 85%/15%, it seems to me that one side might very well come up with a figure that the other didn’t like.

Is it possible that DCAL, run by Mr Adams’s party colleague Carál Ní Chuilín, is more keen on cross-border bodies than is DAHG, run by Fine Gael minister Jimmy Deenihan? Or are both of them struggling to find savings to pay for the Clones Sheugh, or at least as a deposit for the SEUPB?

Or could it simply be that WI is having great difficulty in cutting its expenditure to fit within the limits imposed by the RoI budget?

I then sent enquiries to Waterways Ireland, the (NI) Department of Culture, Arts and Leisure (DCAL), the (RoI) Department of Arts, Heritage and the Gaeltacht and the North South Ministerial Council. From the repsonses, and from yesterday’s statement to the NI Assembly by Carál Ní Chuilín MLA, NI Minister of Culture, Arts and Leisure, it is clear that I was right in my first para; it is possible that the first sentence of the second para is right too.

There is a major disagreement between the northern and southern departments about the level of cuts to be applied to Waterways Ireland’s budget and it is not clear what mechanism can be used to resolve it. DAHG, applying Irish government policy, wants bigger cuts than DCAL does.

NSMC

After each North South meeting, the secretariat issues a rather bland communiqué; the inland waterways ones are here. I suppose that the secretariat can’t be expected to write “There was a blazing row at yesterday’s meeting, skin and hair flying, and the ministers aren’t speaking to each other”. I mean, they wouldn’t write that even if it were true, which I’m sure it isn’t.

On 9 December 2013 I wrote to NSMC (I omit salutations and irrelevancies here):

Are you able to say anything about why the NSMC Inland Waterways did not approve the 2012 business plan and budget for Waterways Ireland until eighteen months after the start of the year in question? As far as I can see from the minutes for meetings since 2007, that is a highly unusual degree of lateness.

NSMC replied on 11 December (with a copy to the RoI Department of Foreign Affairs):

[…] this is an issue for both Sponsor Departments and they can be contacted directly.

On the same day I asked:

Have you any responsibility for seeing that the terms of the WI Financial Memorandum [PDF] are observed? It seems to me that they have been ignored in this case.

Despite a reminder, I have not yet received a reply.

DCAL

I wrote to DCAL on 10 December 2013:

I would be grateful if you could help me to understand why the North/South Ministerial Council did not approve the 2012 budget and business plan until 18 months after the start of the year to which it applied.

DCAL responded on 11 December 2013:

Waterways Ireland had submitted a draft 2012 Business Plan detailing the activities required to achieve goals set out in their 2011/2013 Corporate Plan. Recognising the challenges presented by the economic climate there were extended negotiations to agree the 2012 budget. The DCAL Minister raised concerns about going beyond the required savings advised by both Finance Departments. Minister Ní Chuilín therefore sought, and received, assurances from Waterways Ireland that frontline services would be maintained.

I sent follow-up queries on 16 December:

I am not entirely clear on the implications of your third sentence: “The DCAL Minister raised concerns about going beyond the required savings advised by both Finance Departments.”

Do you mean that Waterways Ireland proposed to cut its spending by more than the percentage cuts suggested by the Finance Departments? Or to spend less than it received (or expected to receive), in euro, from the two sponsor departments? If so, why did WI want to do that?

I would also be grateful if you could tell me what WI’s “frontline services” are and why they are deemed to be more important than other services.

And I would be grateful for more information on the reason for the extended delay in approving the busiess plan and budget: eighteen months after the start of the year, which was presumably even longer after the plan was drafted. I would be surprised to find that seeking and receiving assurances took eighteen months.

Did the delay result in a breach of the terms set out in the Financial Memorandum governing WI’s affairs?

I would also be grateful if you could tell me what delayed the approval of WI’s 2013 budget. I note from the NSMC minutes that it was not approved in June 2013; the matter is not mentioned in the minutes of the November 2013 meeting but, on 19 November 2013, the RoI Minister for Public Expenditure and Reform replied to a written question from Gerry Adams TD saying, inter alia, that “The 2013 Budget allocation to the Body are subject to on-going discussion by the two Sponsor Departments.”

That suggests that approval of the 2013 budget is at least eleven months late. I note too that the 2014 business plan and budget, and the Corporate Plan 2014-2016, were not approved at the November NSMC meeting. And I note that An Foras Teanga [Foras na Gaeilge + Tha Boord o Ulstèr-Scotch], the other North-South body sponsored by your department and the Department of Arts, Heritage and the Gaeltacht, was also, in November, awaiting approval of its 2013 budget.

There are two further items on which I would be grateful for information:

(a) is it proposed that the Hutton recommendations be applied to Waterways Ireland (and other bodies in the North-South pension scheme)? If so, what is the expected effect on WI’s budget and on staff take-home pay?

(b) WI’s accounts for 2011 (the latest I have seen) suggest that your department paid less than 15% of the money WI received from its sponsor departments. Did your department pay 15% in 2012 and 2013 and will it do so in 2014? And how do you take account of the effect of currency fluctuations on WI’s income denominated in its working currency, the euro?

Despite a reminder, I have as yet received no reply.

DAHG

I wrote to DAHG on 26 November 2013 with several questions; I include below only that relevant to this posting.

On 19 November 2013, in a written answer to Gerry Adams, Jimmy Deenihan said […]: “The 2013 and 2014 Budget allocations to the Bodies are subject to ongoing discussion by the two Sponsor Departments and will require, of course, formal approval by the NSMC.”

I would be grateful if you could tell me (a) why Waterways Ireland’s budget had not been finalised when 88% of the year had passed and (b) how that affected budgetary management in the Body.

The department replied on 3 December 2013:

As you are aware, Waterways Ireland is co funded by the Department of Arts, Heritage and the Gaeltacht and the Department of Culture, Arts and Leisure, Northern Ireland.   The 2013 Business Plan and budgets have been discussed by Ministers at NSMC Inland waterways meetings and key priorities for 2013 identified.  Indicative budgets have been provided by the Departments to Waterways Ireland as a pragmatic measure for business planning and operational purposes and the body is operating within these indicative allocations.

On 9 December I replied:

Thank you. That answers my question (b) pretty well. However, you haven’t answered (a): why Waterways Ireland’s budget had not been finalised when 88% of the year had passed.

I would be grateful for information on the causes of this extraordinary delay.

I have been wondering whether the problems of WI’s budget were very difficult to resolve or whether there was some major disagreement between the northern and southern ministers. If there was such a major disagreement, what was it about?

The department replied on 17 December 2013:

The Departments are still in discussions to agree the budgets.  The position is The Department of Culture, Arts and Leisure in Northern Ireland is not prepared to agree a 2013 budget for the Body in excess of a minimum efficiency saving of 3% set out in the two Departments of Finance Funding Framework for the North South Bodies. As you are aware from the Parliamentary Question Reply this Department’s REV provision for Waterways Ireland for 2013 is €25.463m, a 6% efficiency saving on 2012. Given the pressures on the public finances and on the Departments budget allocation, the Department is not in a position to provide any additional funding that would maintain the proportionality of funding. 85% of current funding is provided by Department of Arts, Heritage and the Gaeltacht and 15% by Department of Culture,  Arts and Leisure, Northern Ireland.

I responded on 18 December 2013:

[…] Just to make sure I understand you properly: when you say “a 2013 budget for the Body in excess of a minimum efficiency saving of 3%” am I right to presume that the phrase “in excess” applies to the savings or cuts rather than to the budget itself?

I also asked three questions about items of background information relevant to this topic:

1. I am less familiar with the NI Executive’s budgetary process than perhaps I should be. I gather that there are multi-year budgets, linked to a programme for government, with annual estimates and possibly supplementary estimates. The multi-year element seems to be stronger than in Irish budgets, but I wonder whether (aside altogether from the current economic situation) it is difficult to make decisions within the constraints of the different budgetary timescales.

2. I have not yet checked all Waterways Ireland annual reports, but reading that for 2011 suggests that DCAL paid slightly under 14%, rather than 15%, of WI’s current expenditure. Are minor deviations from the 85/15 ratio unavoidable? Do they balance over time?

3. Do currency fluctuations affect the amounts actually paid by the two departments? If so, how are the effects taken into account?

I have not yet received a reply.

Waterways Ireland

On 6 January 2014 I wrote to WI:

I would be grateful if you could tell me the effect on Waterways Ireland of the continuing dispute between its sponsor departments over WI’s budgets and business plans.

On 8 January WI said:

Waterways Ireland enjoys a supportive and positive relationship with both departments.

On 14 January I said:

I am very glad to hear it, but I don’t recall asking a question about that.

I repeated my original question, to which I have not had a reply. As with NSMC, I don’t really expect WI to be able to say anything undiplomatic. However, I would have thought that there must be some inconvenience in working to “indicative allocations”. I wonder whether they are based on DCAL’s preferred level of cuts, DAHG’s preferred level or some compromise. And if compromise is possible on the indicative allocations, why can’t the main issue be sorted out?

Furthermore, the delay in publishing the 2012 accounts suggests that there has been some real difficulty in operating under the indicative allocations regime. Or perhaps there is some other row altogether.

NI Assembly

Reporting yesterday to the NI Assembly on the November NSMC meeting, the NI Minister confirmed that there was disagreement.

Karen McKevitt [SLDP, South Down]: […] The chief executive set out a strategic direction for Waterways Ireland for 2014-16. In that, she mentioned budget efficiencies. Can the Minister highlight to the House what those might be?

Carál Ní Chuilín [SF, Belfast North]: The Member is right: the new chief executive gave us a very good and detailed presentation. Indeed, the Member will be aware — if she is not, she will be when I finish my answer to her question — that there have been additional pressures on everybody across the board in achieving efficiencies. However, as I have repeated to the Member and to other Members, and despite the meetings that I have had with Minister Deenihan around any proposed additional efficiencies that the Irish Government are saying are required, I am totally reluctant to go above and beyond any efficiencies that we agreed previously, and I have stated that to the chief executive of Waterways Ireland. That is the position. Following that, the Finance Departments and, indeed, officials and Ministers will hopefully be submitting additional or new budget plans very soon. I think that issues relating to any agreement to additional efficiencies lie beneath the Member’s question, but I can categorically state that I have not agreed to those.

“Efficiencies”, by the way, means “cuts”.

The importance of waterways to Sinn Féin

I have remarked several times here that Sinn Féin asks many Dáil questions about waterways, notably the Clones Sheugh, with Maureen O’Sullivan providing recent competition. I wrote elsewhere recently:

Waterways Ireland is a political creation: its very existence reflects a nationalist and republican desire to show the benefits of all-Ireland institutions — and a unionist desire to confine such institutions to areas of minor importance. […]

In prosperous times, managing recreational waterways is a feelgood activity, combining opportunities for local and national politicians to get their photos in the papers with relatively low risk of political controversy. Nonetheless, WI had to tread warily, especially in its early years; it has almost (but not quite) entirely avoided such controversy.

Timing

I don’t know if there is ever a good time for disputes between your paymasters, but it’s not as if Waterways Ireland, and its new CEO, didn’t already have enough to worry about. To quote again from the same piece:

Compared with British Waterways and C&RT, Waterways Ireland has very little real property from which it might derive an income — and very few other sources of income. According to its accounts for 2011 (the latest available), its total income was over £38 million but it earned less than half a million pounds from licences, property, interest, operating income (including charges to waterways users) and other sources. The rest came from its two sponsor departments.

Charges to boaters have traditionally been low or non-existent: zero for a boat kept on the Erne or on one of the Shannon lakes, with modest charges for passing through Shannon or Shannon–Erne Waterway locks; on the Grand, Royal and Barrow, an annual charge of €128 covered lock passages and mooring. There was no licence fee. Waterways Ireland has begun to impose slightly higher larger charges but may meet resistance.

But there is no immediate prospect of imposing charges high enough to make a significant difference to Waterways Ireland’s budget. That budget is set by the North South Ministerial Council: each government pays for capital works (eg harbour improvements) carried out in its own jurisdiction, while the running costs are paid in a ratio intended to reflect the proportion of the waterways in each: 15% by the Northern Ireland Executive and 85% by the republic’s Government.

Some difficulty may be caused by different timings of the budgetary processes in the two jurisdictions, but a greater problem is that the fixed ratio can lead to deadlock. WI’s budget for 2012 was not set until July 2013, eighteen months late: its budget, business plan, annual report and draft accounts for 2012 were all set on the same day. Final accounts for 2012 had not been published and WI’s budget for 2013 had not been agreed by December 2013.

The cause of the delay was that the republic’s government wanted to cut the budget by more than the Northern Ireland Executive did. The Irish economy has had severe problems in recent years and the government was unable to honour its undertaking to pay for the restoration of the Ulster Canal from Lough Erne to Clones (a short stretch that crosses the border several times). Public expenditure has been cut for all government departments and public bodies but the scale of the cuts is larger than the Northern Ireland minister wants to see. If the republic’s government gets its way, by 2016 WI’s budget will be one third lower than it was in 2010.

That is not the only financial problem that WI faces. Staff transferred to it from Irish government departments carried with them their entitlements to pensions of half of final salary plus retirement lump sums of one and a half times final salary. And, as is the norm in the civil service, the pension system was unfunded. WI had quite a few staff in their fifties and, as they now retire, their pensions and lump sums have to be met out of WI’s normal income from its sponsor departments. The pace of retirement may even by accelerated by a desire to avoid charges arising from the Hutton pension proposals.

During the era of the Celtic Tiger, Waterways Ireland prospered: it acquired much new equipment, built new offices and developed and improved facilities for boaters and other users. It now faces a much more difficult financial future and it is hard to see how it can avoid reducing its level of service. At the same time, its new CEO is — rightly — determined to continue widening the appeal of the Irish waterways to more types of users: walkers, cyclists, anglers, canoeists and others.

Maybe the two ministers might get their act together.

I will report later on other items covered in Ms Ní Chuilín’s statement; the bad (if unsurprising) news is that she is still stuck on the sheugh, but perhaps she can persuade the Imperial Treasury to pay for it.

A query

I have emailed this query to Waterways Ireland today:

I would be grateful if you could tell me

(a) which, if any, persons Waterways Ireland has appointed as authorised persons for the purposes of Part 2 of the Maritime Safety Act 2005

(b) which, if any, authorised persons have been provided with training and instruction in the exercise of the power of arrest, as provided for in Section 13 (2) (b), and have been issued with warrants as
provided for in Section 13 (2) (c).

I note in Section 17 that

(9) Every authorised person appointed under this section shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on him or her by this Part as an authorised person shall, unless in uniform, if requested by a person affected, produce the warrant or a copy thereof to that person.

I regret that I had not noticed those provisions earlier.