Alice-Mary Higgins (Independent) | Oireachtas source

I welcome the Minister of State. This matter relates to the negative consequences of schedule changes for the registration of rights of way after 30 November. What plans does the Government have to initiate or support legislative change to extend this deadline and prevent these changes? What the timeline is there for that action and what further engagement will the Department have with civil society, Oireachtas Members and the Law Reform Commission?

This is an issue I have been working on for over a year. I engaged initially with the Minister of State with responsibility for heritage. I did so from the perspective of heritage. Then I engaged with the Minister responsible for planning and development. I acknowledge that the Minister of State, Deputy Peter Burke, wrote to the Department of Justice last June to say that while he could not accept my amendments on planning he believed they should be considered by the Department. I also proposed and sought amendments to the Civil Law (Miscellaneous Provisions) Bill 2021 that came through from the Department of Justice before the summer.

This is an issue that has been coming up and that has been flagged for over a year. However, it seems that over the summer there has been a realisation of what the consequences could be, and I welcome that. I do not need to go through all of the law as the Minister of State will be very familiar with it but effectively, the Land and Conveyancing Law Reform Act 2009 and the subsequent 2011 Act brought in a change whereby there was a transition period for the registration of a private right of way or easement. Previously, one had to establish 20 years of continuous use. Following these changes in 2009 and 2011, a transition period was set whereby people would have to have formally registered and that period is due to expire on 1 December next. This trouble has been coming for a long time. It has been exacerbated by Covid and the fact that public awareness of this issue has been limited. It was signalled to the Government by the Law Society, which has stated that even if people lodged claims now, the likelihood of those claims being processed in time would be minimal. It has also been highlighted by the Irish Farmers Association, IFA. This issue is important in terms of the legal confusion that would be created but also because of the damage to accessibility, community, and connectivity. At a time when we are promoting the permeability of the ten-minute town and the 15-minute city, we are in danger of closing off a lot of the points of connection for many families. There is also that heritage component.

The Minister of State will be aware that yesterday I introduced my own legislation to extend the deadline by five years. This is in line with the Law Society's request for a six-year extension, while the IFA had looked for three years. I would be open to both of those but I lodged my Bill with the Bills Office last July so I had to proceed with my suggestion of five years, which, I think, represents a very reasonable compromise and gives space for further public engagement on the issue. Crucially, it will also allow the Law Reform Commission to look to the issue in more depth. This is important from the perspective of the past, in terms of preserving rights of way that have been used for generations, but also for the future.I have emphasised this at meetings of the climate committee. It is about the network of connectivity in rural Ireland and children being able to walk to visit their friends by means of some of these rights of way. It is also about the permeability of our cities so that people can be provided with alternative networks where they intersect with public rights of way to create a network of connectivity.

I welcome the Government's indication that it intends to act on this issue. It needs to be done urgently given the 30 November deadline. I was disappointed when I saw the legislative calendar for the autumn term circulated yesterday that I did not see legislation on this from the Department of Justice. I would like the Minister of State to clarify how and when this will be addressed. I urge that it will be stand-alone legislation and is not tagged into other potentially more controversial legislation and then not getting through, when it is an issue that has extraordinarily wide support from rural and urban areas, from the IFA, the Law Society and from lots of community groups. There are little things like where it is the way that the band goes to practice. I look forward to the Minister of State's response.