Wednesday, 3 July 2013

Questions (171, 172)

Bernard Durkan

Question:

171. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if he will clarify the basis on which Kildare County Council carried out improvements, upgrading and maintenance on a regular basis on the road serving the properties of persons (details supplied) in County Kildare while now maintaining that the road in question is not taken in charge and citing a requirement under the 2009 Act to the effect that the residents involved are required to obtain a court order to continue to enjoy the rights and entitlements they have enjoyed since the 1970s; and if he will make a statement on the matter. [32463/13]

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Bernard Durkan

Question:

172. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if he will clarify the position regarding the road (details supplied) in County Kildare with particular reference to when responsibility for maintenance was undertaken by Kildare County Council in view of the fact that the local authority has provided such services there since the 1970s and the requirements now being pursued under the 2009 Act affecting rights of way, easements and/or profit à prendre; if it is recognised and accepted that rights and entitlements have been established more than 20 years ago by an original land holder part of whose property has since been disposed of to the aforementioned including rights and entitlements envisaged under the 2009 Act but prior to the passage of the Act; and if he will make a statement on the matter. [32465/13]

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Written answers (Question to Environment)

I propose to take Questions Nos. 171 and 172 together.

The Land and Conveyancing Law Reform Act 2009 is primarily the responsibility of the Minister for Justice and Equality and I have no direct function in this regard. Furthermore, I have no function in relation to a planning authority as a roads authority as this is primarily a matter for the Minister for Transport, Tourism and Sport.