HC Deb 21 May 1895 vol 33 c1714
MR. J. TUITE (Westmeath, N.)

I beg to ask the President of the Board of Trade—(1) whether he is aware that, in 1881 the Lord Lieutenant of Ireland, on the application of the Midland and Great Western Railway Company, as owners of the Royal Canal, sanctioned a by-law relating to the navigation of the said canal forbidding the floating of any vessel on the canal deeper than four feet six inches; (2) is he aware that the Company claim the right, and have exercised it under this by-law, to compel the by-traders to reduce the draught of their boats to any depth at which they, (the Company) may choose to keep the canal; and that for some years past the Company, as proved by General Hutchinson's report, dated 17th September 1894, have not maintained the canal at a proper navigable depth, as they are bound to do under Section 17 of the Regulation of Railways Act, 1873; (3) whether, under the circumstances, he will recommend the Chief Secretary to advise the Lord Lieutenant to revoke the by-law in question; (4) whether he is also aware that the County Surveyor of Westmeath recently reported to the Mullingar Board of Guardians that the Company, owing to defective lock-gates at Coolinahay and Killucan, are wasting 10,500,000 gallons of water daily from the higher level of the canal; and (5) whether, in view of the contingencies of a dry season, he will compel the Railway Company to conserve at Lough Owel, the storage reservoir, a supply of water sufficient to meet the requirements of the navigation of the canal?

MR. BRYCE

The reply to paragraphs 1 and 2 of the hon. Member's question is, Yes. The Board of Trade would appear to have power under Section 40 of the Railway and Canal Traffic Act, 1888, to disallow the bye-law, and the Inspector will be desired specially to report on the point after his next inspection. I am informed that the County Surveyor of Westmeath recently made such a report as that referred to, but its accuracy is denied by the Company. I have no such powers of compulsion as my hon. Friend refers to, but I shall continue to press the Company to carry out their obligations under the Act of 1873.