asked the Minister for Finance if his attention has been drawn to the fact that the Office of Public Works are refusing to grant rights of way in respect of planning permissions sought by members of families who have lived for generations along the Royal and Grand Canals; that such families did not seem to have difficulty in relation to such rights of way prior to the taking in charge of the canals by the Office of Public Works; if his attention has been drawn to the fact that the existence of some of these families predates the canals; if the original rights given to the canal companies set out also clear rights of way in respect of householders or landowners discommoded by the building of the canal and that such rights equally are extended to the descendants of such owners; and if he will make a statement on the matter.
Written Answers. - Royal and Grand Canal's Rights of Way.
Under the Canals Act, 1986, the Office of Public Works have a statutory obligation to manage and maintain the Grand and Royal Canals and the associated property as a public amenity and all proposals for use of that property must now be judged in that context. The canal towpaths were constructed to carry horse and pedestrian traffic only and they are in general unsuitable for use by modern vehicular traffic. As far as can be ascertained the original conveyances of property for the construction of the canals did not contain any provision for rights of way to adjoining landowners. Consequently adjoining landowners have no devolved rights for such use, which can have serious implication for the stability of the canal banks and their amenity potential. Furthermore there could also be serious safety implications if towpaths are used by motor vehicles.