Dáil debates

Friday, 14 June 2013

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

 

12:40 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael) | Oireachtas source

I congratulate Deputy Dowds and his staff on the hard work and research that went into producing this Bill and bringing it to the floor of the Dáil. I welcome the measures the Bill introduces to give walkers more access to the countryside. As an urban Deputy, I have access to some beautiful walks, particularly through Clontarf on the promenade into Dollymount and through Sutton into Howth. I very much support any activity that is good for people's health. There are issues in my constituency of Dublin North-East, which were raised by previous speakers, regarding access to certain walkways around Howth. The current situation, in which there is no legal access to parts of the countryside in Ireland apart from the national parks, and landowners have the discretion to refuse access to their land if they so wish, is a problem for walkers.

Under this Bill, county councils will be given the power to declare which land should be open to the public and in which areas the public should have access to roam freely. Common sense should prevail in such cases, in that the council should decide that rather than allowing access through a field which may destroy a farmer's crops, it could allow access along the perimeter and outskirts of the field unless it was absolutely necessary to allow access through it.

The Bill will have a positive effect on tourism and could lead to increased numbers of walkers visiting the country and contributing to the economy. Many Deputies have spoken about the different walks around parts of the country. It is most enjoyable, particularly when the weather is pleasant, to go on those walks. This presents huge opportunities for farmers and landowners. The measures in the Bill will have a positive impact on employment in this sector.

Deputy Dowds spoke about what has been achieved in this sector in Scotland, particularly by the marketing of that country as a destination for walkers. Scotland faced the same issues and problems that we face with landowners and farmers. That is an opportunity to develop this sector, and the Scottish experience should be taken into account, which no doubt Deputy Dowds has done. We know that nature-based tourism generates £1.4 billion annually in Scotland. That shows the huge potential to develop this sector in Ireland, even if we could only tap into a small percentage of that market. Tourists, particularly those who would be interested in walking holidays, may be turned off coming here because it is unclear where they can and cannot walk in the countryside.

Under the Land Reform Act 2003 in Scotland, walkers have a statutory right of responsible access to all parts of the countryside, with a few exceptions. In England and Wales the Countryside and Rights of Way Act 2000 provided for walkers to access most areas of uncultivated land. Further access rights were secured in the Marine and Coastal Access Bill, which aims to establish a coastal route around England and Scotland. We know that our land laws are unfortunately very restrictive - the most restrictive in Europe - and it is clear that steps need to be taken to address this issue, which seriously inhibits us from developing recreation- and nature-based tourism in Ireland. It is important, as previous speakers have said, that landowners and farmers are consulted about any proposed changes and that any concerns they may have are taken into account. When this matter was approached previously by the current Minister for Education and Skills, Deputy Quinn, in 2007, as Deputy Dowds said, it was met with opposition from farm organisations and it is important that any concerns they have are taken into account.

The Bill not only addresses the needs of walkers but also safeguards landowners. Under the proposed new system, councils would publish a proposal for access to lands in their areas, and landowners would have the right to appeal against the inclusion of their lands in the proposal. The appeal would be considered, in turn, by An Bord Pleanála and its decision would be final.

In recent years more problems have arisen over access to the countryside as a result of increasing numbers of walkers and a less relaxed attitude about people accessing the countryside. Landowners rightfully have concerns about granting access to their land. Among their concerns are insurance problems that could arise and damage to their property and privacy, which have been outlined by previous speakers. However, this Bill addresses those concerns by ensuring that private landowners who allow access to their land are fully protected from any legal action arising from any accident that takes place on their land.

I would like to specifically mention the role that Slí na Sláinte has had in establishing and managing walking routes throughout the country. The Slí na Sláinte scheme was set up in 1996 and since then more than 140 walking routes have been established. This is a very worthwhile initiative and I am fully aware of all the hard work done by the former chief executive of the Irish Heart Foundation, Patrick Murphy, whom I have met. I commend him on that. We all very much support initiatives that promote walking as part of a healthier lifestyle, particularly when we face the challenge of obesity as a threat to the health of our young people, and all initiatives in this area must be welcomed.

I welcome and support Deputy Dowds's initiative in the Dáil. I hope it will be sent to the Joint Committee on the Environment, Culture and the Gaeltacht and I hope representatives from Scotland who were involved in initiating the process there will be invited to come before that committee and contribute to the debate on this issue.

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