Dáil Éireann Debate, Tuesday - 20 March 2018
808. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if section 11 of the Children First Act 2015 and the Child Protection Procedures for Primary and Post Primary Schools 2017 and a risk assessment carried out regarding same would be a basis upon which an existing one hundred year old right of way could be lawfully extinguished; and if he will make a statement on the matter. [12371/18]
View answerA local authority may extinguish a public right of way under section 73 of the Roads Act 1993, once it follows the procedures set down in that section.
Where it proposes to extinguish the public right of way, the local authority must publish notices, in a local newspaper or newspapers and at the right of way itself, informing the public that submissions may be made in relation to the proposed extinguishment, and must then consider any representations it receives on foot of these notices. The local authority may also arrange for an oral hearing in relation to the proposal, and consider the report and recommendation of the person appointed to conduct such a hearing.
Once this process has been completed, the local authority may then make an order extinguishing the right of way or part of the right of way specified in the public notice. The consideration of the results of the public consultation and the decision to make an order extinguishing the public right of way are reserved functions of the local authority.
Where the right of way it proposes to extinguish is located on a national or regional road, the order must be approved by the Minister for Transport before it has any effect.
