I move amendment No. 1:
Before subsection (7) to insert a new subsection as follows:—
"( ) Every order to which subsection (6) of this section applies which authorises a local authority to extinguish a public right of way and in respect of which a local public inquiry has not been held shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder."
The purpose of this amendment is to provide that where it is proposed to extinguish a public right of way, the order which will eventually be made extinguishing that public right of way should be laid before each House of the Oireachtas. The practice, as I understand it, has been that you cannot extinguish a public right of way except by Act of Parliament. If a private individual wanted to extinguish a right of way over his land, however inconvenient it might be and however much it might reduce the value of his land, he could not do so except by private Act of parliament. That would be quite a costly business for a private individual. It might mean a great loss to a builder who had acquired a building site.
It seems to be a minimum requirement that if we extinguish public rights of way merely by an order and dispense with the formality of an Act of Parliament for that purpose, we ought have the order extinguishing the right of way laid before each House of the Oireachtas, so that if there is any good reason why it should not be confirmed, the Oireachtas will have the last say.
It is often too easy to take the easy way out and merely to say: "The Minister has sanctioned this after an inquiry has been held." It would be far better if, in a case of that kind where a right of way has to be extinguished, the Oireachtas could examine the matter, be fully briefed and have the benefit of any representations that might be made by people interested.
There is a further point associated with this amendment. If there is an alternative to leaving a public right of way, the fact the order has to be laid before each House of the Oireachtas will make a local authority look a second time at the position. They may be able to leave the right of way or to substitute an alternative without any great inconvenience or cost to the local authority. The fact that the order confirming the extinguishing of the right of way would have to be examined by the Oireachtas would have that restraining effect on the local authority in extinguishing the right of way completely. For that reason, I urge this amendment on the House.