Seanad debates

Thursday, 11 November 2021

Land and Conveyancing Law Reform Bill 2021: Committee Stage

 

10:30 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail) | Oireachtas source

Again, I find myself supporting the Senator's proposal. I think it is common sense. The Minister said that this is a very complex area and the more we talk about it, the more complex it becomes. From my limited knowledge of this, I have come across a few disputes recently. For example, one related to a public right of way where I spoke to a lady down south regarding a public right of way enjoyed by the public for years. A planning application was received that could have had an adverse effect on that and the lady went to the local authority and asked it whether it was aware of the long-established right of way over the particular property. The local authority said it was aware but that it was not up to it to register that right as such and that it was up to the public to do so. This is neither right nor fair. We need joined-up thinking across various Departments to ensure things like that are covered.

Never mind looking back, looking forward is another good point. It is a very complex area and if we are going to do it at all, it is important we do it right. This is rushed legislation. I brought forward a Commencement matter on this issue a number of months ago and it was full steam ahead for 30 November deadline. Thankfully, through the good work of Senator Higgins, this has been overcome. I compliment the Minister on taking it on board but it is a very complex area and it will take time to do it properly. A review after 12 months would be very worthwhile. We can take the learnings from that and possibly shape the future with them.

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