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Special Committee on the Roads Bill, 1991 debate -
Tuesday, 14 Jul 1992

SECTION 8.

I move amendment No. 18:

In page 10, between lines 40 and 41, to insert the following subsection:

"(3) Orders made under section 12, 47, 49, 56, 58, 59 or 69 of this Act shall be exempted from the provisions of section 3 (1) of the Statutory Instruments Act, 1947.".

Under section 3 (1) of the Statutory Instruments Act, 1947, ministerial orders and other statutory instruments must be published in Iris Oifigiúil, printed and sent to various organisations. The Statutory Instruments Act allows the Attorney General to exempt statutory instruments from the provisions of the Act if he is of the opinion that they are merely of local or personal application, of temporary operation, of limited application or for any other reason.

In the past, Attorneys General have exempted motorway orders from the provisions of the Act because public local inquiries have been held in relation to all motorway schemes, resulting in widespread publicity and public knowledge about them. All orders made under the sections referred to in the amendments are made only after extensive public consultation, including public notice, and the consideration of representations and objections, usually through the holding of oral hearings or public local inquiries. These orders relate to the approval of abandonments of regional or national roads, section 12; approval of motorway, busway and protected road schemes, section 47; approval of proposed road development subject to an environmental impact assessment, section 49; approval of toll schemes, section 56; approval of the revocation of a toll scheme, section 58, if amendment No. 152 is accepted; approval of toll bye-laws, section 59, and approval of extinguishment order where they relate to regional or national roads, section 69.

Amendment No. 152 is to ensure that approval of a revocation of a toll scheme is done by ministerial order. Approval of a toll scheme is already by ministerial order.

This is an important section. Some of us may not realise what is being done here. Yesterday, in Wicklow County Council, we had a heated meeting on a problem about our national park and the surrounding area. The interest taken outside the local area is immense. The Minister intends, here, as I understand it, to make it possible to extinguish rights of ways and close roads without being obliged under the Statutory Instruments Act to ensure that there is national rather than local publicity.

Many areas which had a local interest in the past are now of national interest. That is certainly the case in my constituency and in yours, Chairman. Roads, such as that to Wicklow Head, through the Wicklow Way and through the mountains, are of particular interest. One would not even attempt to interfere with these rights. Even if the locals are not aware of it, there is national interest in these areas. Perhaps the Minister would explain what change is intended here. This will have the effect of making any attempt to do away with rights of way not merely a local affair.

Section 69 says where a local authority proposes to extinguish a public right of way it shall publish in one or more newspapers circulating in the area a notice to that effect. In certain areas this would be very limited as some newspapers have a very small circulation. One of the papers circulating in my area will not come back at me, but is not widely read. Inserting a notice in such a paper could provide a way out for some people. The type of publicity might be important. Those involved might be asked why more people did not know about it. Perhaps the Minister might give us better reasons for this, and from a wider viewpoint.

I am not opposed to what the Minister is proposing here. I do not think it is necessary for every tittle-tattle to be put in Iris Oifigiúil. There is an element of housekeeping involved here.

However, it might be advantageous if the Minister would consider a Report Stage amendment which would allow local authority members, public representatives, to be circulated with copies of such changes as those outlined by the Minister. If a local authority proposes to dispose of any property within its jurisdiction, that information is automatically circulated to every member. The same applies to a vested house or something like that where there is a change. It may not arouse any attention, or may be of no interest, but at least it establishes a safeguard that the public representatives are notified. The Minister might consider that; I do not oppose the amendment.

Section 46 reads:

Before submitting a scheme to the Minister under section 47 a road authority shall—

(a) publish in one or more newspapers circulating in the area where the proposed motorway, busway or protected road is to be located a notice in the prescribed form (i) stating that a scheme has been made,

The public must be made aware of all that is happening. What we are proposing here is that we would not be required, under the Statutory Instruments Act, to have more or less the same procedure a second time.

As far as local notices and transparency are concerned, these are matters for local authorities. This seems to be a necessary tidying up exercise to avoid repetition. There is no question of avoiding publicity or not providing any facility for the public to be aware of what is happening. That course has already been gone over, and we do not want to repeat it.

What about circulation to local authority members?

I will look at that but as the Minister for the Environment I am having great difficulty persuading elected members to exert authority in their own areas. It would be inappropriate for the Minister to decide that the local authority should inform its own members on such matters. I would not want to encroach on their territory but if there is anything I can do nationally which will help, I will do so.

I do not want to repeat what I said, but rights of way, etc. are becoming of national importance in a county like Wicklow where we are creating a national park and there are a number of rights of way, etc. Some local authorities will use their wider powers but I want the Minister to appreciate that where there are rights of way in areas like Bray Head, through the Wicklow Mountains, and various scenic and coastal routes, a local notice in a small circulation newspaper is not adequate.

There are two extremes here. In the position the Deputy referred to which clearly has a wider than domestic interest the requirement may be met by an advertisement in a national newspaper or by another facility better able to produce the kind of transparency required. That option exists. Regarding planning, and facilities for public objections and third party involvement, we have a very open system in that regard but we can look at ensuring its efficacy and I can give a commitment that in matters like that the amplification will be of the order sought by Deputy Kavanagh.

Amendment agreed to.
Section 8, as amended, agreed to.
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