Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

The Bill, although very short, will be a considerable source of relief to families, landowners and farmers who are concerned with the looming deadline of 30 November to register rights of way acquired by long use. The 2009 Act attempted to codify and update disparate and archaic land and conveyancing laws but it remains a highly complex and often contested subject.

Rights of way are necessary for people to access land for their livelihoods and even to get to residences. In an agricultural setting they are often associated with entry to land and connected with matters such as drainage. They also relate to access to the foreshore for activities such as traditional seaweed harvesting. They also relate to urban areas, particularly regarding access to utilities and communal waste systems. The Bill removes deadlines for the registration of rights of way or easements without needing to go to court which is, obviously, most welcome. However, it does not address the underlying issues and concerns.

The Department must have a very clear and detailed understanding of why registrations have not occurred over the past decade. Otherwise, exactly the same debates will happen in the House in five years' time. I urge the Minister to engage in a proactive programme to meet communities and stakeholders to understand the topics involved and make the necessary changes. As part of this, I welcome the announced time-bound review that will ensure the effective functioning of the law, but this cannot be solely a legalistic exercise. It needs to consider the perspectives and experiences of those who have engaged with the system or those who have been fearful of doing so.

At least anecdotally, it appears as though uncertainty and worry over potentially losing a right have prevented people registering. It has been acknowledged this is a very complex legal area that can be very intimidating to non-legal people. We need to ensure any registration and information system is as accessible as possible. Related to this is the clear need for a significant public awareness campaign that breaks down the issues involved and explains how they are relevant to various groups in rural and urban settings where particular issues arise.

The 2009 Act makes reference to rights over the foreshore, which is an important issue in coastal constituencies such as mine in Cork South-West. In particular, there are concerns about the impact of registering traditional seaweed harvesting rights. My understanding is that the removal of the deadline of 30 November also applies to these but I would be grateful if the Minister could make explicit reference to it in her closing remarks.

The Bill is very last minute, which is resulting in it being rushed through and much of the complexity is merely being deferred. There is no need to be rushing legislation through the Houses like this. It is unacceptable. The Government and Department were aware of the deadline. If it had been dealt with earlier, even with a stopgap measure such as this, it would have prevented concern and stress in many households and communities.

I cannot discuss this issue or comment on it without mentioning our larger treatment of public rights of way. Ireland has a much stricter regime than other parts of Europe due in no small part to fears of litigation. We need to have a larger conversation about rights of way and the possibility of opening up parts of cities and the countryside for active travel networks without absolute fear of litigation being instilled in people who own land. People visiting from Scotland and other such places cannot believe there is no access to land in this way.

I encourage the Minister to work with her colleagues to develop a framework for engagement with communities on this issue. This would need to be part of a larger discussion on the cultural aspects of access and protecting landowners. While the Bill is technical and addresses a particular deadline, it raises many questions and matters that need to be examined further.

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