I thank the Minister of State for being here this morning. I raise this Commencement matter in relation to compulsory purchase orders, CPO, in relation to greenways. This is something that is becoming more of an issue across the country. I am from County Cork and I raise it having met farmers who will be affected by potential CPOs on the Cork-Kinsale greenway.

First, I want to say greenways are a fantastic facility and amenity. As they can bring a lot to an area in terms of attracting tourists and bringing income to an area, this is no way guided by anything that might be perceived as anti-greenway. However, what I am very much against is the compulsory purchase of privately-owned land and particularly privately-owned farm land when it comes to developing greenways.

From what I have seen on the Cork-Kinsale greenway and the landowners who will be affected by this there has been an extreme lack of public consultation. It has been very disingenuous because notifications have been sent out to say full consultation has taken place with landowners and that that box has been ticked when that simply is not the case. The proposed CPOs for this proposed greenway will sever farms. At a time when we talk so much about generational renewal and biosecurity, these two issues will be affected by the compulsory purchase of these lands for this greenway. We are using these old railway lines for greenways, which is well and good when they are publicly- or State-owned or owned by the local authority. However, much of the land in question here was purchased back in 1969. Landowners are being told what to do with their land. It is presenting many challenges. It is not viable or sustainable and there has been a massive lack of consultation.

The Waterford greenway, where the vast majority of land used was public, was a successful endeavour in terms of cost at around €20 million. By comparison, the Kerry greenway is in the region of €70 million. It very much seems as though a haphazard approach is being taken by TII. What is being done is in no way compliant with what was set out in the pathways document for national and regional greenways in which it was agreed by TII and the Irish Farmers Association that the use of private land for greenways would be on a mutually agreed basis. There is nothing mutually agreed about what is happening in Cork and Kinsale. There is a lack of consultation. I do not believe it is fair. It is not for TII to step in and take these lands for an amenity. I could understand if it was a CPO for a road, critical infrastructure or wayleaves. That would be incredibly necessary but this is not necessary. It is being done without consultation. I appreciate there is a legal framework around it in terms of the powers to local authorities under the Planning and Development Act whereby they can use CPO for any need to further their duties. Looking at the Roads Act and the Clifford and Anor v. An Bord Pleanála case where the judge read greenways into the definition of roads which allows compulsory purchase of property for the progression of roads, I am not sure if it requires legislative change or what is the best way to do this. I look forward to hearing the Minister of State’s reply.

I thank Senator Lynch for her very important question. It gives me the opportunity to discuss this matter on behalf of the Minister for Transport. At the outset, I think it is important to outline the respective roles of some of the main stakeholders within the greenway programme: the Minister for Transport has responsibility for overall policy and Exchequer funding in relation to greenways while the planning, design and construction of individual greenways is a matter for Transport Infrastructure Ireland, TII, as the approving authority, in conjunction with the relevant local authorities. Local authorities, in turn, use the Code of Best Practice for National and Regional Greenways as the guide for planning and delivering schemes.

The code was published in late 2021 and was developed in partnership with a range of representatives from the rural recreation, tourism, sport, farming, local business development and transport sectors. It sets out a clear, structured, and transparent approach to greenway development; an approach that prioritises early engagement, voluntary agreements and minimising impacts on landowners.

The code states that State-owned lands should be used to the greatest extent possible when designing greenways. Where it is not feasible to use State-owned lands, or where there is limited State-owned lands, then the approach of sustained and regular engagement with local landowners is firmly embedded within the code. This engagement is a critical step to ensure that severance of land and farm holdings is avoided where feasible. The code also ensures that an independent agronomist is available to assist landowners with their queries and provide advice on the impact of any route proposals.

The preferred approach in relation to land acquisition for greenways is to procure required land by voluntary land agreements. All reasonable efforts should be made to acquire land on a voluntary basis. It is only as a measure of last resort that a compulsory purchase order will be pursued by a local authority, and only after sustained engagement with individual landowners.

CPOs are a long-standing statutory mechanism available to local authorities for public infrastructure projects that is justified by the common good. Their use is subject to strict legal processes and oversight, including independent oversight through An Coimisiún Pleanála. Even where a CPO commences, there is further ongoing engagement throughout the entire process to try and reach a voluntary land agreement. The CPO process also includes a mandatory obligation to seek to negotiate a settlement of the compensation issues including accommodation works.

Where agreement cannot be reached, the statutory arbitration process is available. It is important to highlight that most claims are resolved by negotiated agreement without the need for a decision from the arbitrator.

I advise that CPOs are truly a measure of last resort, but there remain situations where, despite best efforts, agreement cannot be reached and this legal mechanism is required to ensure that a route can be fully delivered. A real-life example of this can be seen in the Clifden to Recess section of the Connemara greenway. This route has been in development since 2013, with TII taking over funding and delivery of the scheme in 2021 alongside Galway County Council. Approximately 16 km of the route has been delivered to date via agreed co-operation between landowners and the local authority. Unfortunately, it has not been possible to deliver the remaining 6 km of the route despite extensive engagement over a protracted period. As such, Galway County Council proceeded to a CPO in 2024.

The code requires extensive consultation before such steps are considered. Landowners must be engaged with at an early stage and their concerns listened to. It is true that such collaboration for the facilitation of greenways can be efficiently delivered, bringing a huge array of social, health, commercial and environmental benefits to the local area, as well as further afield.

I thank the Minister of State for his reply. I note what he said. It is disappointing, in that the points that have been laid out are largely based on consultation. If that was always actively adhered to, it may have more of an effect.

In terms of the consultation the Minister of State outlined, where is it being monitored or checked in terms of local authorities and TII to ensure that it is actually happening? I appreciate he provided the example of Clifden where, despite arbitration, a resolution could not be reached. In many greenways across the country, consultation is not taking place. Boxes are being ticked and the extensive consultation to which the Minister of State referred is simply not happening. This is leading to massive uncertainty for landowners.

The farmers I met in Waterfall in Cork do not know what is going to happen in a process that has been ongoing since last year. They are not getting adequate consultation. They have been told there will be CPOs, but other than that they know very little about the process. The lack of certainty is incredibly damaging for those concerned and their businesses. It is also damaging for the process, which is allegedly based on consultation. People have lost all trust in the process. Where is the process being monitored? What safeguards are in place? It is fine to say that a CPO is a last resort but at the end of the day, it is compulsory. It would appear that the negotiations prior to that are not always adhered to in a clear and transparent manner.

I thank the Senator. I agree with her sentiment that what we regard as consultation is not what is happening. Sending a letter or notification is not consultation. I saw this happen in the national greenway from Athlone to Galway, which has not proceeded because the consultation is not real consultation and there is no discussion or engagement.

I reiterate, as the Senator has, that greenways have a significant benefit beyond the transport sector in areas such as regional economic development, public health, tourism, climate resilience and connectivity. In 2026, the Department will invest almost €44 million in greenways. The primary objective across proposed greenway schemes is to acquire land on a voluntary basis. This is stated explicitly in the code of best practice for national regional greenways. The CPOs are not entered into lightly by local authorities and are only pursued where voluntary land acquisition cannot be achieved after sustained comprehensive engagement. The Senator asked me how engagement is monitored. That is a good question. I will come to that later.

The code recognises the practical reality that greenways must be continuous and a missing section can undermine the safety, accessibility and viability of the entire route. While voluntary agreement is always the preferred option, in certain circumstances CPOs have to be used. I understand the code was developed by a range of stakeholders, including the IFA, the Irish Cattle and Sheep Farmers Association and the Irish Creamery Milk Suppliers Association. I am also advised that an annual review of the code takes place, the most recent of which took place in March 2026. A commitment has been made to complete the review of the code, which is due to terminate in December of this year.

The Minister, Deputy O'Brien, and I have had discussions with our officials this week. We will get further feedback from them to determine how we can improve the code and make it more workable. At the end of the day, it is important that engagement is not letters, emails or whatever, but rather interaction with people on the ground who have experience and can discuss with landowners the intricacies and their concerns and how we can take it from there.