Oireachtas Joint and Select Committees
Wednesday, 12 July 2023
Joint Oireachtas Committee on Social Protection
Public Service Performance Report 2022: Department of Rural and Community Development
Mr. J.P. Mulherin:
I will come back first on the Empowering Communities programme. What we might do after the meeting is send on some information to the committee so it has a better feel for it. I have managed to find some additional information that might be useful for members. There are 14 small areas that are currently being funded under the programme. It is based on the Dublin North East Inner City model on a smaller scale and the idea is to use the learning from programmes like RAPID to empower communities and to work with communities to identify their own needs, specifically as Deputy Ó Cuív mentioned. It is taking the learning from RAPID and what is happening in Dublin's north inner city as part of this programme. It is being piloted in 14 areas and it will be monitored over the next two years to see what it delivers. We will certainly send on additional information to the committee in that regard.
With regard to indemnity for landowners, this one has been around for quite some time. The Department has made a fair amount of progress on this in the past couple of years on two different fronts. The indemnity was specifically identified as something that would assist those landowners in upland areas who do not have walks that are part of the walks scheme or that have been approved by Sport Ireland. If it is approved as a walk under Sport Ireland, insurance is provided to the landowner with regard to indemnity.
There are two mountain access project areas, one in Macgillycuddy's Reeks and one in Ben Sléibhe. The Department has provided as an interim solution an insurance policy for the landowners in those areas, certainly for Macgillycuddy's Reeks but also for Ben Sléibhe. That is a private insurance policy to indemnify the landowners in those areas. Rather than it being an indemnity from the State, it is an insurance policy that those landowners can avail of if an issue arises with people coming onto their land for recreational purposes. That is one thing we have been doing. I believe it was warmly welcomed by the communities, certainly in Macgillycuddy's Reeks and by the forum there as an interim solution to respond to those needs and to address an issue that has been around for a long time.
Second, there have been changes to the Occupiers’ Liability Act, although it is only in the past month the changes have been approved. As I do not have the details with me, I will not go into it, but it certainly changes the position of landowners in terms of recreational users coming onto their land. It puts the landowners in a much better position than they had been in previously, but I accept that even with stronger legislation, there is a concern among landowners that they will have to deal with litigation in some shape or form. It is something the Department continues to address. It has been discussed as part of an uplands sub-group of Comhairle na Tuaithe, which is the countryside council.
It has established a subgroup to look at all of these different issues around access to upland areas and this is something that has been thrashed out through that. It is an area where progress is being made but there is not a specific indemnity for landowners across the country.
Regarding the last point about assistance, I am not aware of specific funding for that specific purpose. Individuals are assigned to assist organisations with different challenges. The LEADER programme assists organisations with applications for funding. SICAP has community workers who work with organisations and individuals. There are resources for individuals but for that very specific purpose, I am not aware of direct funding to assist people in dealing with that type of regulatory burden. I am open to correction on this point.
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