Seanad debates

Tuesday, 16 November 2021

Land and Conveyancing Law Reform Bill 2021: Report and Final Stages

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I apologise for speaking to this amendment earlier. I have the same concerns about foreshore. It is a pity this was not acted on earlier as it would have allowed us to produce legislation that is fit for purpose and works. Instead, we have legislation that has us return to the least bad option, pending a review of rights of way. I hope we can do a good review that does not only protect rights of way and easements but imagines them in a constructive way. It should address historic issues of foreshore access, which Senator Boylan has spoken about, and some of the other issues of foreshore access that are important to people, for example, access to nature, as we saw during Covid-19.The 60-year period is too long. I worry that the huge leap to more than doubling the amount of usage that needs to be shown is going to create too high a burden. It is a transgenerational burden. For example, it would be very hard for any one generation of a family to show that period of usage. I urge the Minister of State to take that on board. I know he has been constrained in engagement on this as we literally have been trying to avoid legal chaos on 30 November but there are significant community access and environmental impacts and implications arising from the way we approach rights of way. I urge that there would be consultation at the wider forum, not just legal consultation but wider social and community consultation and engagement as part of the review. I strongly urge that the period for foreshore access would be reduced, as suggested in the amendment, down to 40 years, as with other State land. I personally think 30 years or 20 would be better, but I am willing to be flexible. It would be ideal if 40 years is accepted and the amendment would not have to delay the Bill at all, as it could proceed onwards to the Dáil and still pass, but if the Minister of State is not in a position to accept the amendment at this point, I hope it will be central to the review as a question.

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