Ruairi Quinn (Dublin South East, Labour)
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Question 239: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 418 of 23 June 2009, if, in view of a judgement (details supplied), it is difficult to establish the existence of public rights of way; his plans to introduce legislation to enable rights of way to be established by usage, without hindrance, over a period of years; the steps he will take to enable reasonable access to the countryside through usage of traditional walkways and paths on a permanent basis; and if he will make a statement on the matter. [26478/09]

John Gormley (Dublin South East, Green Party)
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I note the judgment of the High Court in this specific case, including a summary of the current law relating to the evidentiary basis for establishing the existence of a public right of way, and the Court's concluding observations regarding a satisfactory resolution of the respective rights of property owners and walkers. Section 14 of the Planning and Development Act 2000 provides a mechanism whereby a planning authority may include a provision in its development plan relating to the preservation of a specific public right of way. Under sections 206 and 207 of the 2000 Act, a planning authority may, respectively – · enter into an agree with an appropriate person for the creation, by dedication by that person, of a public right of way over land; or · by resolution, make an order creating a public right of way over land.

I am currently considering whether these provisions are adequate. Any necessary legislative changes will be incorporated into the Planning and Development (Amendment) Bill, which was published on 3 June.