Michael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

Question 1: To ask the Minister for Community, Rural and Gaeltacht Affairs if legislation is promised or other measures are being taken on land access and the provision of accessible walkways on land privately owned by farmers; the way this issue will be resolved; if he has met with or had discussions with farming groups and other interested parties; and if he will make a statement on the matter. [26320/07]

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context

In its report on the national countryside recreation strategy, Comhairle na Tuaithe made the following recommendations. The Attorney General should be requested to examine restating and/or reflecting in legislation the current common law position on the protection of landowners' property rights where recreational access is allowed on their land. The Law Reform Commission should be requested to make recommendations on the broader issues of access to the countryside for recreational users focusing on the constitutional and legal position in Ireland. Comhairle na Tuaithe considered that no cost burden or liability, within the meaning of the Occupiers Liability Act 1995, should attach to farmers or landowners as a result of allowing recreational users on their land.

To ensure these issues were addressed as a matter of priority I established an expert group and asked that it report to me by 30 April last. Due to the short timeframe available to the expert group I requested that it initially consider issues in three broad areas. These were indemnity and insurance, whether bare licence should be put on a formal statutory basis and constitutional issues on the right to roam law including whether farmers would have to be compensated and a preliminary view as to whether the right to roam could confer wider access rights. I received the report in early May and members of Comhairle na Tuaithe were given until the end of August to put forward their comments and observations. The report will be discussed at the next Comhairle na Tuaithe meeting which takes place tomorrow, 2 November. The report is an objective legal opinion or legal advice. It is a report of legal experts, but every legal opinion is subject to what a court would decide. It is useful in that regard, but is not a policy proposal. It sets out the legal possibilities and informs our options for the future.

The issue of countryside recreation could be addressed through legislation or community agreement. I have always made clear my view that an agreed community approach offers a win-win situation for everyone with an interest in countryside recreation. Comhairle na Tuaithe comprises representatives of the farming organisations, recreational users of the countryside and state bodies with an interest in the countryside. Officials from my Department meet with Comhairle na Tuaithe on a regular basis. There is broad agreement in an chomhairle on the need for the protection of landholders and the need for reasonable access. There is also consensus within comhairle on preparing a scheme for the development and maintenance of agreed walks and work on the framework of this scheme is on-going in my Department, in full consultation with Comhairle na Tuaithe.

Michael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

This issue has been going on for many years. I welcome the Minister's recent appointment of a number of rangers throughout the country. As a person from a tourism county I am aware that everybody wants to encourage walking. Many tourists find it difficult to understand that there are areas of the country in which they cannot walk. Regarding tomorrow's meeting, are we any closer to agreement between the Minister, the Department, farmers and everybody involved on allowing people to walk in the countryside? Has the Minister investigated the situation in Scotland where legislation has to be used? Although Scotland has had its own parliament only for the last few years, it has brought the farmers and property owners on board and resolved the problem. Has the Minister examined this? Will people be able to hill walk in this country next summer? Will the farmers be satisfied with what the Minister has agreed with them? Has he dealt with the insurance problems? In Scotland if work had to be done by the Department on land, the farmers were compensated. Where walkways have to be built on farmers' land, will the Minister examine offering compensation? Are we any nearer to allowing people to walk in the countryside than we were three years ago?

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context

We are, and although what has happened over the past two to three years seems slow, it has brought the debate on tremendously. We had a useful and positive debate at the ICMSA tent at the ploughing championships. I am aware of the Scottish situation and have examined that of New Zealand, which is pursuing the community approach. New Zealand has more state land than we do. In Scotland legislation was brought in. I could foresee a number of difficulties with that legislation if it were brought in without agreement. For example, the Labour Party proposed that open land down to a certain height be open to walkers. Many of our hills slope below those heights and there is no mark on the mountain. If a farmer were angry, he or she could wait until a walker inadvertently crossed that threshold. I have been trying to build a consensus and we have it in counties such as Mayo, Galway and Donegal. The majority of farmers have no difficulty with people walking the mountains and they accept it by agreement.

We have fundamental agreement, except for a few tidying up issues, on a maintenance scheme for way-marked ways and farmers will be given two choices. Either they maintain it and the Department provides materials and pays them for their time, or we get the rural social scheme to maintain it. A farmer of 83 years with no children might be happier to choose the latter option.

This is an important issue. We have done much painstaking work. It is similar to resolving issues in the northern part of our country. Perhaps it should be discussed by the joint Oireachtas committee, where we could have a wide debate and tease it out in more detail than we can during Question Time today. However we are moving forward and the Deputy is probably coming from the same viewpoint as I am.

Michael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

There is great co-operation from farmers on this issue. There is an impression in Dublin and among visitors that farmers do not want to co-operate. Farmers are prepared to co-operate but they must be protected. Some people think they can simply walk onto people's land and that there are no insurance problems. There are problems, but farmers are prepared to co-operate if something can be worked out.

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context

I agree with the Deputy. My experience is that with few exceptions, and usually there is an historical reason for those exceptions, farmers have no difficulty with people walking on open land. They have a difficulty where active farming is taking place and where there is machinery, sheds and so forth, but the walkers tend to favour open land or defined walks. We have moved 90% of the way and have to settle this over the next few months. If invited, I would be willing to meet the committee to tease out the issues.