Colm Burke (Fine Gael) | Oireachtas source

I welcome this important Bill. In respect of wayleave agreements, and in particular access to broadband, it is important that where we do work of any description we should ensure that we also put in ducting for additional services that may be required in the future. When I was Lord Mayor of Cork city in 2003 and 2004 and we did major work on Patrick Street we insisted on an adequate amount of ducting being put in place, with agreements signed by all the utilities.We invited them to put ducting in place so that the street would not need to be excavated again for a long period of time. It is important that ducting is put in place in any urban development. This is about providing an additional service along a gas line where ducting is already in place and the need for legislation.

When wayleave agreements are put in place it is important that we work towards making sure additional services can be planned for. We have not done that in the past and we now need to do so. Likewise, when we are building new road infrastructure we should also invite utility companies to discuss whether they want to install ducting in order to plan for the future. Local authorities or the National Roads Authority could install it, and recover the cost of same by granting a licence for the use of that ducting. We are not doing enough in that regard.

I welcome the Bill which is now getting over a legal issue that needs to be resolved. It is important that there is adequate compensation for those who have wayleaves going through their lands. It is not just the case that lands may be disturbed; once a wayleave is put in place there is also a restriction on the landowner in terms of what can be done on the land. A landowner cannot erect permanent buildings or may have difficulties in running other services through the land. That has to be taken into account. That is the reason the compensation element has to be put in place. It is important that recognition is given to that. People do not realise that wayleave agreements create restrictions and it is important that all utility companies make sure that landowners are consulted and take legal advice, and utility companies provide for the cost of that legal advice.

An issue which arises in respect of getting wayleave agreements is a difficulty with titles. I have dealt with a number of cases where estates have not been administered when a person is registered as an owner despite the person having been dead for 30, 40 or 50 years. That causes problems and delays in finalising the process because no one can sign a wayleave until a grant of administration has been taken out. A person working in a legal capacity has to sign the documents. We are not doing enough to make sure that when someone dies who is the owner of a property, the estate is administered and the proper legal processes are followed. This problem can cause delays with putting services in place because there are no legal agreements and the person concerned does not have title to sign the required documents.

I dealt with a case involving Iarnród Éireann going back to 1965. A number of people had died between 1965 and 2005 and we had to deal with seven different administrations while trying to sort out the legal issues before we could sign the documents and a final agreement with Iarnród Éireann. They are issues that arise from time to time. It is important that the Bill is passed, the necessary legal entitlements are put in place and there is adequate compensation for the people affected by wayleave agreements. I again thank the Minister of State for bringing the Bill forward to the House.