Due diligence is a term used for a number of concepts, involving either an investigation of a business or person prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due diligence in various industries is the process through which a potential acquirer evaluates a target company or its assets for an acquisition.[1] The theory behind due diligence holds that performing this type of investigation contributes significantly to informed decision making by enhancing the amount and quality of information available to decision makers and by ensuring that this information is systematically used to deliberate in a reflexive manner on the decision at hand and all its costs, benefits, and risks.[2].............[en.wikipedia.org] In an effort to gain some insight into whatever facts or figures may lie behind WIs Draft Bye-Law amendment, Dublin Branch Chair, Jim ORiordan submitted 24 questions to the WI Consultation Team, to assist us in making as informed a submission as possible. The 4 e-mails between both sides are reproduced below. It is very difficult not to conclude that no due diligence whatsoever took place, that WI have no idea, nor care, whether the administration of these proposed changes might not actually end up costing MORE than any revenue taken in, and that they seem to have no concerns at all about the possible impacts on the boating users of the 3 waterways. As for those individuals who live on boats and have actually been creating some year round vibrancy on the waterways for longer than WI have existed, let alone before their Marketing people coined the catchphrase, it would appear that money is no object in this exercise, so perhaps it is time to consider invoicing WI for the added value you are already bringing to the waterways....?? Once again I find myself having to direct WIs attention to their general duty as stipulated by Sect. 5(1).... 5.—(1) Subject to subsection (2), on and after the vesting day, it shall be the duty of the Commissioners to undertake the care, management and maintenance of the canals and other canal property as a public amenity for use by the public for navigation in such parts of the canals as are open to navigation from time to time or fishing or otherwise for the enjoyment and recreation of the public and the Commissioners may designate particular parts of the canals and other canal property for particular purposes including purposes incidental to such purposes as aforesaid. ....Please note the order of priority of your duties AND that there is no mention of your seizing control of vessels nor of your exercising control of people thereon, as espoused in your bye-laws, attendant documentation and Ministerial answers in the Dail....!! Mick Farrell PRO Dublin Branch =============================================================================== From: Consultation Sent: Friday, January 31, 2014 4:47 PM To: Dublin Branch IWAI Subject: RE: information request in respect of the proposed Canal bye-law changes Dear sir/madam Thank-you for your further email of 29th January 2014. At the outset and to be clear, the rationale for the proposed amendments to the Canals Act, 1986(Bye-Laws),is not one of revenue generation but to manage in a proactive way the Grand Canal, Royal Canal and Barrow Navigation. As you are aware it has been 24 years since the last amendments were made and in our view these changes are long overdue. In respect of the public consultation exercise, Waterways Ireland has provided the relevant information and material to all consultees. In addition, the Chief Executive of Waterways Ireland along with senior staff has met with a number of key stakeholder groups including the IWAI. It is our opinion that the information provided is more than adequate and we are not in a position to answer your detailed list of questions at this time. However we would certainly welcome your individual and collective comments on these very important changes to the management of the Grand Canal, Royal Canal and Barrow Navigation. I trust this answers your query. Regards Consultation =============================================================================== From: Dublin Branch IWAI [mailto:[email protected]] Sent: 29 January 2014 23:33 To: Consultation Cc: jim oriordan Subject: Re: information request in respect of the proposed Canal bye-law changes Dear sir/madam, My email of the 28th january contained 24 questions seeking specific information regarding the research/cost benefit analysis studies carried out by Waterways Ireland prior to their framing of the proposed Canal Bye-Laws amendments. The email i received from you on the 29th January answered none of them. The reason our committee requested this information is so that we can make an intelligent and informed submission. Can you please in your response address each question individually nos. 1-24. As the closing date for submissions is Monday please give this your immediate attention. thank you jim oriordan chairman dublin branch iwai ================================================================================ ----- Original Message ----- From: Consultation To: Dublin Branch IWAI Sent: Wednesday, January 29, 2014 12:59 PM Subject: RE: information request in respect of the proposed Canal bye-law changes Dear sir/madam Thank-you for your email seeking information in relation to the proposed Canal Bye-Law changes. Waterways Ireland is carrying out the Public Consultation on the Draft Canals Act, 1986 (Amendment) Bye-Laws, 2014 to enable groups and individuals with an interest in the waterways to respond. Waterways Ireland expects that a range of views will be expressed and welcomes input from all recreational waterways users into the process. Waterways Ireland has met with boater representative associations over the past few weeks including the IWAI as part of this consultation process. The purpose of the changes is to develop the canals as a vibrant recreational waterway for all users by enhancing Waterways Ireland’s ability to manage the investment in infrastructure and facilities on the canals for both the navigational and recreational user. In current practice the boat population on the canals has clustered around easily accessible moorings & harbours in villages and has used these moorings as permanent moorings. This practice has impeded the development of the canals as a recreational and tourist facility for all waterways users, as boats touring on the canals are unable to tie up at attractive public moorings close to places of interest, villages with amenities as the moorings are already occupied by a static boat population. The charging regime has been modernised after a period of 24 years without any increase while the investment in the infrastructure over the past 10 years alone has exceeded €35million. In practice the fee for a Combined Mooring & Passage Permit for 1 year will increase by €4 to €130. In the UK by comparison this fee ranges from £440 - £900+. The Extended Mooring Permit will change from a fixed €152 to a range of fees €160-€1600 which will be applied depending on the location, size of boat and services provided. A town centre mooring with services for a large craft will cost more than a mooring for a small craft in a rural or village location. A Fixed Penalty Notice of €150 is part of the proposed changes for boaters that fail to comply with the Bye-Laws. Currently there is no penalty for boats blocking harbour preventing the access of hire boats and visiting boats that visit local attractions, and spend money in the towns and villages along the waterways. I trust this answers your query. Regards Consultation ================================================================================ From: Dublin Branch IWAI [mailto:[email protected]] Sent: 28 January 2014 13:45 To: [email protected]; [email protected]; Consultation Cc: jim oriordan Subject: information request in respect of the proposed Canal bye-law changes The dublin branch of the i.w.a.i. (inland waterways assoc. of ireland) wish to make an informed submission on the proposed amendments to the canals act 1986 bye-laws. to do so we require the following information: 1. total no. of boats that transversed newcomen railway lifting bridge in 2013 2. projected annual income from the proposed tolls on camden lock, buckingham lock, westmoreland lock, spencer dock sea lock and newcomen railway lifting bridge 3. projected annual costs of collection/administration of the above tolls 4. projected annual income from proposed extended mooring permits 5. projected annual costs of collection/administration of the above extended mooring permits 6. projected annual capital costs associated with provision of new extended mooring jetties etc. 7. current annual income generated from existing combined passage and mooring permit 8. annual costs associated with collection of same 9. total no. of boats on the grand,royal and barrow navigations 10. projected annual costs associated with enforcement of new bye-laws, i.e. will new enforcement officers be employed to patrol the waterways? the projected legal fees incurred in enforcing the new bye-laws. projected costs of removing and advertising for sale boats in breach of the bye-laws. 11. details of consultation process waterways ireland have undertaken with boat owners, liveaboards etc. to ascertain their views before the drafting of the proposed amendments 12. have waterways ireland conducted a feasibility study on the proposed 5 day rule, please supply details of same. 13. as part of the drafting of the proposed amendments did any waterways ireland personnel navigate the system for e.g. complete the green and silver challenge to ascertain the viability of the proposed 5 day rule/tolls. please supply details of same 14. projected annual income from houseboat moorings 15. projected annual costs associated with the provision of houseboat moorings 16. projected annual administrative servicing costs associated with houseboat moorings, including council charges and levies, waste removal, electricity supply, water supply 17. total no. of houseboat moorings to be provided and locations 18. will houseboat users be liable for water charges, waste charges, and other management charges 19. have waterways ireland conducted any surveys before setting houseboat charges to ascertain owners ability to pay, please supply details of same 20. will waterways ireland operate flexible payment plans for the payment of permit charges 21. can waterways ireland indicate the % increase in permit charges for a boat moored on an extended mooring permit in grand canal dock under the proposed amendments 22. can waterways ireland indicate the % increase in permit charges for a houseboat moored in grand canal dock under the proposed amendments 23. in waterways irelands opinion will these proposed amendments have a positive or negative impact on boat traffic on the canals? 24. in waterways irelands opinion will these proposed amendments have a positive or negative impact on boat numbers on the canals? i am sure that before proposing such significant amendments to the canals act 1986 bye-laws waterways ireland have conducted extensive research and a comprehensive cost benefit analysis so replies to the above queries should be readily available. given the time constraints involved because of the minimum consultation period being provided, if the information requested is not supplied we would see it as an infringement of our rights to make an informed and meaningful submission. jim oriordan chairman iwai dublin branch
Posted on: Sat, 01 Feb 2014 15:08:07 +0000