James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Senators Daly, Boyhan, Ward, Garvey, Ó Donnghaile, Moynihan, Kyne, Conway, Seery Kearney and Lombard for their contributions, which were welcome. It is reflective of the fact that, despite it being an exceptionally complex area of law, the situation arising out of its need very much resonates on the ground. I think of one particular situation in my constituency where an elderly farmer lived at the end of a laneway. There were three houses on his laneway. One of them was owned by an elderly lady who had dementia and was in a nursing home. The next house was owned by the county council, and the house at the top of the lane was owned by someone who, let us say, was less than co-operative. The farmer had become distressed about the situation and wanted to resolve it on behalf of his son before he passed away. That case is reflective of what everybody has been experiencing throughout the country. The Law Society and the Bar Council came forward to put very much a legal context to the issues. Senator Lombard mentioned that every solicitor and engineer would be needed to resolve the situation just in west Cork alone. A similar statement was put to me in that it would take 100 years to resolve it.

In theory, the idea behind the Bill would be great if someone discovered new land somewhere and was starting from scratch. Considering the nature of land in Ireland, it was going to be impossible to apply. Senator Daly brought up the important point that a number of applications are being rejected. In the initial stages, it was because all it took was for one person to object to the registration and the next thing people were heading off to court. Any changes that are needed will require an awareness campaign to promote them. As the generations move on, differences in opinions emerge and memories lapse, and more and more problems arise. Many concerns relating to water services were raised, in particular, which we are not going to be able to deal with in this legislation. I will certainly bring the issues to the attention of the relevant Departments. I will speak to the Minister of Justice regarding access to important heritage sites and the loss of rights of way. I can sympathise with Senator Ward. I encountered a similar situation in Wexford in respect of access to an ancient site where the Normans built a church. The right of way was being taken away and the landowner tried to engage the county council.The local authority there eventually did engage. I understand its fear was with regard to litigation. If a city council does not engage in protecting a public right of way, there is almost nobody else that can do it. It certainly is something that needs to be looked at.

Senator Ward brought up the importance of plain language when dealing with issues such as this. It is hugely important. It ties in with the points made by Senators Conway and Seery Kearney on e-conveyancing. We can get land law and conveyancing law somewhat understandable and readable for ordinary people. It is quite a complex area.

I acknowledged in my contribution Senator Higgins, who tabled legislation on this and did an awful lot of work on it. She has engaged with my officials on this matter. I know she would have liked to have been here. She was quite positive on it.

A number of Senators raised concerns about agricultural communities and the legal profession. All of the contributions were hugely important.

The Minister, Deputy McEntee, regrets not being here today. She will be here for Committee Stage on Thursday. The intention is to move this on as quickly as possible to put away the concerns of many people in the country.

A number of Senators raised the issue of public rights of way. Obviously this is not dealt with in the legislation. Senator Ward raised this matter. It is something that gives rise to a lot of concern and something to which we need to bring further attention as time goes on. Sometimes a more brazen attitude is taken by people with regard to removing these public rights in the expectation that nobody will challenge them on it or take them to court over it. Many of these public rights of way are very ancient and lead to important historical parts of our country. We need to find a way to ensure they are protected.

It is important legislation. There has been much engagement on it. It is a well-crafted Bill. I look forward to it moving through both Houses as quickly as possible to quell the concern among so many people, in particular older people. We look forward to the Bill progressing as quickly as possible.