Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

Amendment No. 941 seeks to amend the right of way procedures in section 246. It states:

It shall be the duty of a planning authority to vindicate public rights of way where they exist, and to work to establish rights of way, where possible, to advance the right of people to access any monument, seashore, mountain, lakeshore, riverbank or other place of cultural or natural heritage, natural beauty or recreational utility.

Section 246 already contains an offence provision for a person to damage or obstruct the way, or hinder or interfere with the exercise of the right of way. The introduction of new rights of way is an undertaking which should be dealt with under the general auspices of local authority powers. When they have been suitably established, they can be included in appropriate statutory plans. The vindication of a right of way is a property-related matter and not something in which the planning authority has a direct role. In view of this, I cannot accept the proposed amendment.