Éamon Ó Cuív (Galway West, Fianna Fail)

In February 2004, I established Comhairle na Tuaithe to address the three priority issues of access to the countryside, developing a countryside code and developing a countryside recreation strategy. Comhairle na Tuaithe comprises representatives of the farming organisations, recreational users of the countryside and State bodies with an interest in the countryside.

To date, Comhairle na Tuaithe has identified and reviewed a set of access parameters in the countryside, which it believes will serve as a basis for conflict prevention and integrate a variety of needs and responsibilities. It has also agreed the key features necessary for countryside code development, with a focus on the potential application of the internationally recognised Leave No Trace initiative. Details of the access parameters and the countryside code are available in a booklet and on my Department's website at www.pobail.ie. It has also completed its work on the development of a national countryside recreation strategy.

In its report, Comhairle na Tuaithe made the following recommendations in relation to access: that the Attorney General be requested to examine restating and-or reflecting in legislation the current common law position in relation to the protection of landowners' property rights where recreational access is allowed on their land; that the Law Reform Commission be requested to make recommendations on the broader issues of access to the countryside for recreational users focusing on the constitutional and legal position pertaining in Ireland; that Comhairle na Tuaithe considered that no cost burden or liability, within the meaning of the Occupiers Liability Act 1995, should attach to farmers-landowners as a result of allowing recreational users on their land; and that Comhairle na Tuaithe also recognised that farming organisations would continue to pursue direct compensation for access to land by recreational users of the countryside.

When I received its report in early September, I considered that these recommendations would be my first priority. To ensure that these issues were addressed as a matter of urgency, I established an expert group, comprising a senior counsel and officials from the Office of the Attorney General, the Department of Justice, Equality and Law Reform and my Department to urgently advise on tackling the legal issues raised in the report and to report back to me by the end of this month. When I receive the report from the expert group, I will carefully consider any recommendations it may make.

I have repeatedly made clear my view that a local community-based approach is the best way forward where issues of access to the countryside arise. Where it is not possible to reach agreement, in a particular location, alternative routes should be explored and developed so that landowners' rights over access to their lands are not interfered with.

I again restate that any proposal for direct Exchequer payment for access is not acceptable and is not under discussion.

Additional information not given on the floor of the House.

I have met representatives of the farming organisations in the past few months to discuss their views on the matter of access to the countryside in particular and countryside recreation in general. I am fully in agreement that there should be no cost burden on farmers for the maintenance of permissive ways open to the public at no charge.

The Deputy should note that I recently attended a meeting with Comhairle na Tuaithe and following from those discussions, my Department has drafted proposals in relation to the development and maintenance of new and existing waymarked ways and looped walks. These draft proposals were circulated for observations to the members of Comhairle na Tuaithe in the past few days.

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