Damien English (Meath West, Fine Gael) | Oireachtas source

This amendment by Senator Grace O’Sullivan proposes the deletion of the phrase “in force on the commencement of this section” from section 208(1) of the principal Act of 2000. In this regard, section 208(1) requires that a public right of way shall be maintained by the planning authority where: a public right of way is created pursuant to this Act, or a provision in a development plan in force on the commencement of the section relates to the preservation of a public right of way. The reference in section 208(1) to “a provision in a development plan in force on the commencement of this section” was a transitional provision in the principal Act which was intended only to apply to such development plan provisions relating to public rights of way which were in force at the time of the commencement of section 208 in January 2002. While I understand the intentions of Senator Grace O’Sullivan’s amendment, I am of the view that her amendment is neither warranted nor appropriate as it appears to seek to introduce the ability to make planning authorities responsible and liable for maintaining historic public rights of way which have not been created pursuant to this Act, and which are not therefore the responsibility of planning authorities. Consequently, I do not propose to accept this amendment to the 2000 Act on the basis that it would, if adopted, oblige planning authorities around the country to become liable for the maintenance of numerous historic public rights of way going across private property which they have not created, with all the potentially significant funding and resource issues and potential legal liabilities that would ensue. For these reasons, I must, therefore, oppose this amendment.