Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 22:

In page 7, between lines 3 and 4, to insert the following: “(ia) include an assessment of the potential impact of an extension on the local authorities achievement of obligations as a relevant body in respect of the public duty on equality and human rights and the United Nations Convention on the Rights of Persons with a Disability,”.

Amendments Nos. 22 to 25, inclusive, relate to matters that should be considered in the chief executive's report in respect of matters that will inform whether an extension will be given. I identified a few key issues in the chief executive's report that are important in the consideration of an extension. We have talked at length about the importance of the climate gaols. One of my amendments proposes the chief executive would report on the impact of an extension on a local authority's achievement of its obligations as a relevant body under the climate action Bill. Amendment No. 22 relates to one of the other important obligations, namely, the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD. It has been ratified in the period since the preparation of most city and county development plans. It is a newly ratified international obligation. I sit on the committee dealing with its implementation.It would be appropriate for a chief executive, when reporting on the impact on the impact of an extension, to provide an assessment of the potential impact on a local authority's achievement of its obligations as a relevant body. These are new, strengthened obligations. Every year or two years of people's lives where they cannot fully access their rights has a significant impact. The inclusion of such an assessment is important, not simply with regard to the decision about whether to extend but also to ensure that if we extend the existing plan by a year or two and avoid delivering a progressive change that might be in the next development plan for people with a disability, we will look at other ameliorating steps and measures. That should be a consideration.

I also specify the public duty regarding equality and human rights. In anything they do, public bodies have a duty to consider both the positive and negative impacts on equality and human rights. Extending a development plan for 20% longer than its originally planned period, which is substantial, requires consideration from an equality and human rights perspective.

On amendment No. 23, the Minister of State mentioned section 10(2)(n), which relates to specific climate, environmental and sustainability obligations that local authorities have and ensuring that they are considered. These are all matters which should be in the chief executive's report and in front of local authority members when they decide to extend.

Amendment No. 24 relates to a combination of environmental factors. The principal Act states, "the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps". Amendments Nos. 24 and 25 incorporate the climate goals with respect to public rights of way. This is a positive opportunity. I have had constructive engagement with officials in the Minister of State's Department. A serious consequence is likely to arise in November this year with the right to register easements. These include private and personal rights of way, which potentially form the foundation of future public rights of way, and well-established easements such as cow roads and laneways. They all have common usage and form part of a crucial network of connectivity in our countryside and the permeability of our urban landscape. We always talk about the 15-minute city or the ten-minute town. We want people to be able to walk or cycle short distances to connect themselves with basic amenities, public areas, facilities, shops and schools. That idea of a permeable landscape and town is crucial. It comprises two main factors. One is the public network of rights of way as set out in section 10(2)(o) of the principal Act. The other factor is the personal easements that people have used for decades or even centuries in some cases.

This entire Bill relates to the fact that periods of time may need to be extended in recognition of Covid. I signal to the Minister of State an extension which is necessary. Unfortunately, it was not possible for me as an Opposition Member to successfully table that amendment but I believe that it may be possible for the Minister of State, along with the Minister for Justice, to address this issue in the Dáil. The registration of easements may be allowed again after November but the clock will reset to zero so people who have ten or 20 years of established use will effectively be reset to having no easement rights from November. That process of registration and awareness about it have been impacted by Covid. I urge the Minister of State to extend that. It is important to extend the right to register an easement because when easements are registered, they connect with networks of public rights of way as set out in section 10(2)(o) and may provide the key to some of our public policy goals.

The Joint Committee on Climate Action has discussed green and interconnected networks that would allow members of a family of all ages to walk safely and have an alternative to road usage. Once these are gone, they are gone. To preserve that policy space for ourselves in the future and to preserve the connectivity and permeability of our towns and communities, I urge the Minister of State to extend that period. It is a simple, one-line amendment to the conveyancing legislation. It will ensure that in the new development plans in two or three years, which may be delayed, that we have not inadvertently lost one of our greatest resources when we try to set out a vision. I had hoped to address that amendment separately but I recognise that it was grouped with the others.