Dáil debates

Friday, 14 June 2013

Access to the Countryside Bill 2013: Second Stage [Private Members]

 

11:10 am

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

Ceapaim go bhfuil sé dearfach go bhfuil an Bille seo á phlé againn. Bíonn Billí éagsúla go leor againn ag baint le cúrsaí polaitiúla agus cúrsaí eacnamaíochta agus mar sin ceapaim go bhfuil sé tábhachtach seans a bheith againn caint faoi chúrsaí eile, cúrsaí a bhaineann leis an dúlra, an tuath agus linn go léir agus an gaol atá eadrainn. Gabhaim buíochas mar sin leis an Teachta Robert Dowds go bhfuil díospóireacht difriúil againn inniu.

There is no doubt but that we have a wonderful countryside from our woods, lakes, rivers, mountains, cliffs and seas to our offshore islands. We are fortunate to live in a country of spectacular beauty. Our landscape has inspired so many poets, dramatists, novelists, artists and musicians. It has been much written about including in the Patrick Kavanagh poem, Stony Grey Soil, one line from which reads "The laugh from my love you thieved" and the more romantic Yeats poems, The Wild Swans at Coole and Lake Isle of Innisfree.

Scenery is not only for tourists or artists, valuable and all as that is for our economy, it is also for us. I was fortunate in that my late parents, who were of the view that one should first see all of one's own country before going abroad, ensured I visited every county in Ireland. The recent competition held by The Irish Times in regard to the best place in Ireland for a holiday raised great interest in the value of our countryside. I congratulate Loop Head, which won the competition. While Cape Clear Island sought to be designated the best island it lost out to Inishbofin.

We are all aware of the many television programmes in relation to walkways, including the one shown recently by TG4, and the use in this regard of public right of ways. The public right of way is our form of access. Once it has been created and registered it cannot be reversed. However, as pointed out by Deputy Dowds, the process of registration can be quite onerous, take a long time and is open to challenge by landowners.

One cannot speak about land in Ireland without referring to our history and relationship with land. The Celtic system, in terms of land being held by a chieftain of a clan for the duration of his lifetime, is very interesting. There was no direct descendancy involved: it was done through the derbhfine. It was then taken over by the plantations culminating in the Cromwellian plantation, which led to more than 90% of the land of Ireland being owned by a small minority of the population. This led to a lack of access to land by ordinary people and the eviction of tenants from their land.

It is ironic that we are still talking today about access to Irish land for Irish people.

There have been many changes during the years, but landowners continue to deny access to responsible people. We hear of court cases in which people are trying to determine access to what were historically public rights of way. That has been costly for walkers and hikers. Some of the cases are still ongoing at significant cost. I acknowledge the landowners who allow, facilitate and encourage access and those people who have availed of access and respected it by, for example, closing gates behind them. It is important to acknowledge the work of the National Parks and Wildlife Service, Coillte, Waterways Ireland, the Irish Wildlife Trust and other organisations that provide access and encouragement for walkers. The slí na sláinte initiative of the Irish Heart Foundation was a great one. We are all aware of the benefits of walking and being out in the fresh air and the Bill is about providing us with wider opportunities to do this. It must, therefore, be supported.

Walking is economical and lucrative. I was struck by a Fáilte Ireland statistic that our walks attract four times as many tourists as our golf courses. There are many statistics from other countries for what is generated by nature-based tourism. Allied with this are the job opportunities, to which other Members have referred. We have fallen behind on the range of walking routes for a variety of reasons, one of which is denial of access by landowners. The Bill has the potential to increase recreational walking, the economic, social and health benefits of which we know. I support greater access to the countryside on that basis and greater encouragement for people to access it and enjoy and reap the benefits. At the same time, I recognise the need to protect the countryside and those whose livelihoods are based on it. We must also give adequate protection to wildlife, including birds. I am on the record on the issue of animal welfare and loath the deliberate and wanton cruelty to animals. I recognise those farmers who have similar views and are fed up with hunts and others trespassing on their farms in pursuit of hares, foxes and badgers.

Equality of access to the countryside is key and should not be dependent on a person's means. Underlying this is the principle of respect for the countryside, nature, animals and wildlife. I understand the rationale behind the Bill is to amend the Land Acts. I had not realised until I read the debate that our legislation on the land issue was so restrictive by comparison with the relaxed laws of our neighbours in England, Scotland and Wales. I listened to Deputy Éamon Ó Cuív and respect his wide knowledge in this area. The Bill is not about walkers demanding the right to trample cultivated land where crops are growing. It is about landowners being protected from personal injury claims and other litigation. The recreational walker will know that he or she is entering land at his or her own risk. There is a very specific role in the Bill for local authorities to designate accessible land, which would be used for recreational purposes, lands which would not be accessible and a process of appeal. One problematic issue is that of compensation. Money should not enter into this by way of direct payments for access to land.

I have been involved with the Irish Wildlife Trust and support its call for management plans for special areas of conservation and special protection areas. Part of that provision would include signage in places such as Ireland's Eye at Howth and the Salty Islands. There is also a need for criteria for the status of natural heritage areas. The trust is calling for a survey of all sites to determine their current status and management plans. Examples of where that is needed include the Royal and Grand Canals, neither of which has legal protection. We do not have a process whereby a local authority can designate an area of land or countryside as important for biodiversity. That is needed to protect the small sites which are home to rare species or important habitats that do not qualify for the status of natural heritage or special area of conservation. These include small woodlands and wetlands.

Greater access is vital to improve our understanding of our natural environment, but it comes down to a question of rights and responsibilities. Birdwatch Ireland has also done work and made interesting suggestions about consultation. This is about rights and responsibilities, consultation, local authority involvement, landowner involvement, local people who have knowledge and the experts.

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