Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank Deputy Ó Cuív for raising this matter. I am taking this on behalf of the Minister of State for Rural and Community Development. Embracing Ireland's Outdoors - National Outdoor Recreation Strategy 2023-2027, which was launched last November, was developed in collaboration with Comhairle na Tuaithe and is a collaborative, cross-government, stakeholder-led, strategy. It reflects the views of stakeholders, the public and the whole of government. It sets the stage to strengthen and support the sustainable development of the outdoor recreation sector in Ireland for years to come. Embracing Ireland's Outdoors has committed to enhancing access to outdoor recreation amenities, including the expansion of the mountain access project to other upland areas.

The Department of Rural and Community Development and Comhairle na Tuaithe are currently developing guidance for mountain access projects to aid other local groups in the management of key upland areas, using good practice models. A sustainable uplands recreation subgroup of Comhairle na Tuaithe was established to review the pilot, develop guidance and advise on the future expansion of it. It has met nine times. The membership of the group includes the farming representative groups of the Irish Farmers Association, IFA, and the Irish Natura and Hill Farmers Association, INHFA. The guidelines are being finalised later this year. Following this, it is proposed to commence the expansion of the mountain access project by the end of 2023. A further commitment under Embracing Ireland's Outdoors will see the piloting of the upland recreation scheme, similar in nature to the walks scheme, which will be rolled out through the mountain access project in 2024.

For some time, the Department has been examining how best to introduce a scheme to indemnify private land owners in upland areas who allow access to their lands for recreational purposes. This is a complex issue and the Department has been advised that an indemnity scheme such as has been proposed would require legislative provision and that a number of separate pieces of legislation might need to be amended. In light of the complexities involved, the Department of Rural and Community Development has been considering alternative pilot approaches, including an insurance solution to address the matter on a interim basis.

Through this process, a public liability insurance policy was secured by the Department for the two existing mountain access project areas, the MacGillycuddy Reeks in Kerry and Binn Shleibhe in Galway. This came into effect in 2021. This pilot solution was developed in consultation with Comhairle na Tuaithe and is being implemented on a trial basis. The policy represents a substantial step forward on this matter for landowners in the mountain access project areas involved.

In addition, the issue of indemnity is also being addressed through proposed changes to the Occupiers' Liability Act 1995 which are currently being progressed through the courts and the Civil Law (Miscellaneous Provisions) Bill 2022. The Department is also engaging further with the Attorney General on the matter.

That is quite a comprehensive response.

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