Seanad debates

Thursday, 11 November 2021

Land and Conveyancing Law Reform Bill 2021: Committee Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Senator for her engagement on this issue. I know it is a matter in which she has had a long-standing interest and I appreciate that she has been engaging with my officials for some time. I thank those officials because this has been a lengthy and complex issue and, as all present will agree, it is a matter we need to resolve before the deadline because of the impacts it could have on people. I have moved house and, this week, my new neighbour came to me. My neighbour is trying to sell their home but cannot do so or cannot register due to the complexities in the context of the landowners along the lane. For a person not to be able to sell a home - a house built in the 1800s and with what has been used as a private right of way for a long time - is not good enough. The practical implications are significant.

I appreciate the support of all present in ensuring the Bill will pass in a timely manner. I appreciate that what the Senator is seeking in the review is more about looking to the future than the past. As she stated, to review law we do not think is right may not be the correct way to go about it. The aim is to review how we plan to put new laws in place. Although we are reverting to the law as it stood prior to 2009, that is not the ultimate solution. We need to decide what to do next. There is a pressing need for this to be addressed. The intention is to have the review established early in the new year. I reassure Senators that I hope to have an eminent jurist or a person of similar distinction to lead the review and it will be concluded by summer. The terms of reference have not been fully finalised, so I will engage with Senators and others who wish to have an input on this matter. I am happy to do so. Although we need to look at the fact that there are complications and complexities in the context of private and public rights of way, I cannot, as Minister for Justice, deal with the public right of way. It is not within my remit. However, I am happy to engage with the relevant Ministers in that regard to raise these concerns, highlight the fact that the review is taking place and is specific to private rights of way, and see where we can go from there. I appreciate that the Senator may not press the amendment. I commit to the review happening in a timely manner. We are aiming for summer next year, rather than 12 months.

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