Victor Boyhan (Independent) | Oireachtas source

I welcome the Minister of State and thank him for his opening statement on the Bill. I thank his Department and the officials in the civil justice legislation division of the Department for the very comprehensive briefing note provided. It is very helpful. As previous speakers have stated, it is a complex issue on which we need to tread softly and carefully. The Minister of State mentioned the issue of the legal cliff edge on 30 November, of which all present are aware.

The Minister of State referred to legal uncertainty. All Members, and certainly the many of us who have served on local authorities, whether they be city or county councils, are aware of the county development plan process. We know that in some county development plans, including that with which I was familiar, that is, the plan for Dún Laoghaire-Rathdown, issues relating to public rights of way are marked out.Some of them were originally old mass paths that ran up to Glencullen and near Enniskerry or that part of the county. We had established rights of way or what people thought were public rights of way but then there were legal challenges. History moves on. In terms of the continuity of knowledge, the people who have the knowledge move away so people do not necessarily have the facts. So much of this is assumed but when one digs down one discovers there is no real paperwork, which presents a problem.

The County and City Management Association is concerned about this matter. However, when the association was asked by the elected councillors about this matter it was not well equipped to explain the issues and different bits of advice were given. City and local councillors would be aware of county development plans so, clearly, they would be best placed due to being on the ground and would hear the concerns of residents. I am thinking about the foreshore, in particular. I have experienced a major issue with a right of way that took years to clear up. Extinguishing a right of way is quite difficult, particularly now that everything has slowed down with Covid and trying to get the appropriate people to consider the matter. It takes a long time to extinguish a right of way and sometimes people seek to exercise that to frustrate the development of a site or for various reasons.

I am conscious that this legislation is a stop-gap to get us over this current issue. By saying that I am not being disrespectful just stating reality. I will support the fast-tracking of this legislation. It is important that the Department engages with the Minister who has special responsibility for heritage. We have a huge problem with accessing heritage sites and dolmens. For many years people have been able to access three dolmens located in my local authority area but now they have been told they cannot access them. These are sites of heritage and importance so we need greater clarity about access.

We have the issue of the foreshore and its complexities, particularly where a harbour authority is transferred to a local authority thus leading to issues concerning the potential for development and the realisation of development opportunities along a shoreline. In particular, I am thinking about renewable energy and the Maritime Area Planning Bill. We need to be aware that there is a lot of duplication and overlapping so we need to be vigilant. Rather than close down opportunities we need to open them up and realise what we can do in this area.

Clearly the Law Society and the Bar Council are in favour of this initiative, which is my view having perused their submissions on their websites. I was very impressed by their reasoning and arguments that they set out. I was also impressed with their level of engagement, and particularly with the Bar Council that has expressed a willingness to proactively engage with officials and legislators on this proposal. So I am concerned about the foreshore and I have an issue with public rights of way, which we have discussed.

I understand having read both the briefing produced by the civil justice division of the Department and the briefing that we have received that the Bill will address the most pressing need by repealing major changes that were due on 30 November, as the Minister of State has said already. I understand that the Minister and the Minister of State are committed to a more comprehensive reform of the area. I think that is critical and I would like to think that during our debate on this Bill we would be told a definite or indicative timeline. We are getting over this issue but we cannot move on. I am not criticising anyone when I say that this matter should not have reached this point. This is November and we are talking about the end of November. I would like to hear assurances at some stage though not today. What is the timeline for addressing all of the other issues that will follow as a result of our contributions? It is abundantly clear that wholesale reform is needed, which has been accepted by the Minister of State. I understand the Government has obtained approval to establish a timebound review, which the Minister of State has said, in the agreement and of course with the Attorney General. It is important that we develop best practice. What is the long-term view, in particular for the foreshore issue?

Earlier Senator Paul Daly mentioned the importance of bogs and established rights of way. Therefore, rights of way are critical and contentious. Irish people have a fundamental love of the land. I mean we are territorial about land and will fight to the end to defend it so having greater certainty is important.

Today, the Minister of State confirmed that one can still register a property with the courts or the Property Registration Authority but this will be optional, as it was in 2009. It is important that message is conveyed and publicised because some people still feel that they want to register. This legislation does not prevent people from registering as was the case pre 2009. People still have the option to register. We need clarity and I would like if the Department undertook to share the briefing that we have received here today, or some version of same, with the city and county managers. They are keenly aware of this issue yet seem to operate on a different basis. The legislation is important but we must use every opportunity to dumb it all down and make it very simple. I recognise the importance of the timeline. The Minister of State has my full support, and that of the Independent Members of Seanad Éireann, in the passage of this important legislation.