Róisín Shortall (Dublin North West, Labour)

I thank Deputy Tuffy for sharing time with me. The issue I wish to raise - the maintenance of footpaths and private landings outside shops and businesses - does not directly relate to the subject of this Bill. As I have been waiting for some time to draw attention to this issue, I will take the opportunity afforded to me by the Planning and Development Bill 2009 to do so. I hope the Minister might consider the amendment I will propose in this respect on Committee Stage. We are all familiar with the problems associated with the footpaths directly outside older shopping precincts and corner shops in our constituencies. The immediate areas outside shops and businesses, which are referred to as private landings, are often used for display or delivery purposes. All of us have received complaints from constituents about dangerous footpaths and roadways that pose a risk to public safety. When we ask the local authority to take action to repair a footpath or fill in a pothole on a roadway, we often discover that the local authority is not responsible for the areas in question because it does not own them, or has not taken them in charge. A number of problems arise because local authorities have no role in the maintenance of such privately owned areas.

I am sure other Members of the House are familiar with the frustration one feels when one encounters this problem and learns that one cannot deal with it in an effective way. Obviously, it leads to an increase in the number of dangerous footpaths that are not maintained. If something is not done about the law in this area, they will never be fixed. It seems that local authorities have virtually no control over these problems. When they had a few bob, they were quite proactive in improving the appearance of areas in the interests of public safety. However, it is quite common for there to be several dangerous stretches of footpath or roadway in any given area. The relevant local authority is hampered in its work because it has no role in ensuring such areas are adequately maintained. It is also problematic that these areas give rise to trips and falls. Over recent years, five or six people have fallen and injured themselves on a footpath outside a pub in my constituency. The cases in question are backed up in the courts. People who had an accident along this stretch five years ago have not yet received redress, while other people continue to fall into the same pothole. No action is being taken because the law is so weak in this area.

The normal parking rules cannot be enforced in these cases. They do not apply in the areas to which I refer because they are not public roadways or footpaths. Interestingly, when I looked for the Garda to take action with regard to speeding and parking in one of these stretches I discovered the rules of the road do not apply there. Normal speeding and parking legislation does not apply to these areas because they are not public roadways. Apart from that, these areas can be eyesores and very much militate against local residents who are trying to improve the appearance of the area. Some businesses may be interested in doing that also but their colleagues do not co-operate.

I ask the Minister to consider introducing legislation to tackle this problem. There is general agreement that this area needs attention and local authorities need to have a role in it. That requires legislation. In my own constituency I have gone into detail trying to research some of these areas to see what exactly was the problem. I discovered that in some cases these areas are owned by the business owners and in other cases are owned by people who may or may not still be alive. Such people may have formed part of a trust fund, or whatever, going back many years. In many cases there is a real difficulty in identifying who is the actual owner.

I shall table an amendment to the following effect but I ask the Minister to consider paying attention to this matter and allow for local authorities to require owners to maintain these areas to an acceptable standard. If they are not prepared to do that I ask the Minister to consider giving local authorities the power to impose fines. There is no doubt there are negligent owners of these areas, among whom, I suggest, are some who do not realise they are the owners. There may have been a deed of trust or some other event that took place many years ago and the owners may not realise they own these places. There should be a power to impose a fine if owners fail to protect these areas. After all, these are public areas but are not publicly owned. They are used by the public and a public safety issue is involved. Somebody must ensure public safety is not compromised.

It is important in cases where local authorities cannot identify the owner, or where endless trouble would be entailed in identifying the owner or making contact with him or her, that local authorities should be given the power to carry out repairs and take these areas into public ownership, taking charge of them on a compulsory basis. That is essential. This may seem to be a small issue but when one thinks about it, it is not so.

I am sure this issue will resonate with many other Members of this House. Throughout our constituencies there are areas that are dangerous, that pose a risk to older people or those who are not perhaps as mobile as the rest of us. People should not be exposed to such risk. There are ways of dealing with it, straightforward ways of tackling this problem effectively which would not be too complicated from a legislative point of view. I ask the Minister to give consideration to that.

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