Robbie Gallagher (Fianna Fail)
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I welcome the Minister of State and thank him for taking time out of his busy schedule to be here. I wish to raise the registration of rights of way and the coming deadline of November. I understand there are two methods by which rights of way can be registered. One is that the person who requires the right of way can contact the landowner or owners and ask them to sign an easement which can be lodged with the land registry. Alternatively, the person seeking the right of way can lodge an application with the land registry, which in turn contacts the landowner or owners, and if there are no issues, the person seeking it may go ahead and register the right of way.

There is a deadline of November pending for the registration of rights of way. I suggest the deadline be extended for several reasons, the main one being the public is simply not aware of it. People are not aware of what will happen or what they will have to do to register a right of way after that date. There is also the pandemic, which meant most businesses were closed. Those who were aware of the deadline did not have the opportunity to address the issue of rights of way because of the lockdown.

I wish to raise two related issues. Local authorities granting planning permission in areas where there are public walkways is an issue around the country. They grant planning permissions without being aware a right of way exists, perhaps a public walkway or beach front. There are examples which have caused friction in communities. I suggest the Department could issue a directive to all local authorities advising them that prior to granting planning permissions, they should be cognisant of any rights of way, and where there are local rights of way, the local authorities should take on the responsibility of registering them. It should not be left to members of the public to go through the expensive and arduous procedure.

There have been delays in requests for registration based on possession. I am aware it can take up to five or seven years for the process to complete. Will the Minister of State shed any light on the nature of the problem causing the delay? Is it staffing or something else? There is clearly a problem and there has been for some considerable time.

I would like responses to these, but in particular around the deadline that is coming in November and the lack of awareness among the public. They need to be made aware of it and advised what the procedure will be after November. I hope the Minister will extend the deadline and initiate an awareness campaign so that people know the changes and when they will happen.

James Browne (Wexford, Fianna Fail)
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I thank the Senator for raising an important matter which is exercising many Members, solicitors and others.I want to convey the apologies of the Minister for Justice, Deputy Humphreys, who regrets she cannot be here for this matter due to the Cabinet sitting. On behalf of the Minister and the Government, I thank Senator Gallagher for raising the matter.

The Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law, and aims to simplify the law and the conveyancing process. Registration of easements acquired by prescription is set out in the 2009 Act and the Registration of Title Act 1964, as amended by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011. The functions previously vested in the Minister for Justice under the 1964 Act were transferred with effect from 1 January 2018 to the Minister for Housing, Local Government and Heritage, who has responsibility for the Property Registration Authority of Ireland, PRAI.

The Minister for Justice understands from the PRAI that the following is the position. First, the extension of the transitional period of three years originally prescribed by section 38(b) of the 2009 Act by the 2011 Act, which extends the period to 12 years, relates simply to the period when a claim to a prescriptive right can be made by reliance on the "old" law replaced by the 2009 Act. From 2021, reliance must be made on what can be termed the "new" law introduced by the 2009 Act and, in particular, reliance must be made on the new single and shorter period of 12 years. There is no question of a cut-off point occurring in 2021 when a claim to a prescriptive right can no longer be made. All that changes in 2021 is the basis on which the prescriptive right can be claimed, and that is the shorter period.

Second, the new procedure for registration of a prescriptive right introduced by section 41 of the 2011 Act is not subject to a time limit. It is a permanent procedure and, in particular, does not cease to be available in 2021. The only change which occurs in 2021 is the basis on which an application must be made to the PRAI. As I pointed out, from 2021, the application will have to be grounded on the "new" law introduced by the 2009 Act and reliance on the "old" law repealed by that Act will cease to be possible.

This procedure is only for easements, including rights of way, acquired by prescription. If all parties agree to the registration of an easement, an application should be made by lodging the appropriate deed of grant.

The Department has received correspondence, including a detailed submission, requesting an amendment to section 38 of the Civil Law (Miscellaneous Provisions) Act 2011. The Department of Justice is currently in the process of arranging discussions with official stakeholders on this topic. The Department is assessing the situation. However, it is important people are aware of the changes being made.

With regard to access to public walkways, beaches and so on, that is more a matter for the Department of Housing, Local Government and Heritage. However, I understand the Senator's concerns. It is an issue that concerns many counties, in particular coastal counties, and I have seen similar situations arise in Wexford.

I will bring to the attention of the Minister, Deputy Darragh O'Brien, the concerns around delays in registrations with the PRAI. While, again, it is a matter more appropriate for the Department of Housing, Local Government and Heritage, it is an important issue and I will raise it with the Minister for Housing, Local Government and Heritage.

Robbie Gallagher (Fianna Fail)
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I thank the Minister of State for his comprehensive response. I feel there is a lack of awareness in regard to the changes that will occur post November 2021 not just among the general public but also among the legal profession. I repeat my request that some form of public awareness campaign is launched by the Department outlining clearly the changes that will occur post November 2021, given there is a lot of confusion and fear. Rights of way can be a very contentious issue that can divide communities and neighbours. It is important there is transparency on this issue.

On the issue concerning local authorities, I appreciate it is not for the Department of Justice. I welcome that the Minister of State will contact the relevant Minister in regard to local authorities being aware of existing rights of way before granting planning permission, which is very important.

On the issue of staffing in the land registry office, the delays are of serious concern and this needs to be addressed. I would like the Minister of State to comment on whether there is a deficit in staff numbers and, if so, if it is something he will be in a position to address.

James Browne (Wexford, Fianna Fail)
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I again thank the Senator for raising the matter. During Covid, there has perhaps been an issue around public awareness on many different issues and, in particular, when these changes will occur and what they actually mean. Perhaps there is concern that these changes will have a greater legal impact than they will in fact have.

I agree with the Senator that rights of way can be extremely contentious. Good neighbours have become bitter enemies over rights of way. As someone who practised as a barrister for 14 years, I have witnessed this myself. We should always endeavour to have the law as clear as possible to ensure we do not have these kinds of contentious issues in our communities.

I will certainly bring to the attention of the Minister, Deputy Humphreys, those concerns that affect the Department of Justice, and those that are more relevant to the Department of Housing, Local Government and Heritage to the attention of the Minister, Deputy Darragh O'Brien.