Éamon Ó Cuív (Galway West, Fianna Fail)
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The mountain access scheme was initially rolled out in the period 2008 to 2010, after a long examination of this issue by Comhairle na Tuaithe. The foundation of the scheme was based on permission being given by the landholder and mutual respect between the hillwalkers and the landholder. In the initial phase of the scheme, two pilot areas were selected, Binn Shleibhe or Mount Gable i nDúiche Sheoigheach, the Joyce Country, and Carrauntoohill in Kerry. The concept was that the farmers would give agreement to allow hillwalkers walk above the line of the enclosed fields, in other words, out on the open mountain.

This was to be subject to a number of conditions. The first condition was that all the walkers would enter and egress at agreed points. The second condition was that through the rural social scheme, RSS, and the Department responsible for rural and community development, car parks and stiles were to be provided at the entrance and egress points so there would be no open gates. People would have to go over a stile and that was essential. On the third one, and bearing in mind what happened recently in Wicklow with the disgraceful behaviour of dog owners, all walkers were to adhere to the "leave no trace" code. That was vital. If walkers were on the hill, they had to respect the hill and the owners. The next point was that there was to be a rural recreation officer available locally to deal with any issues caused by walkers. Farmers were to be indemnified against any claim against them for public liability. In other words, if a person slipped on the mountain and tried to sue the farmer, which would be very unlikely, the farmer would be indemnified against that. Finally, clear maps of the area that was open for walking were to be agreed, including providing these on smartphone apps. This was to ensure everyone was clear on where they could walk.

For many years, the scheme lay dormant. I understand there has been progress in more recent times, but of course things have changed, even in the two pilot areas, and this was meant to have been rolled out nationally. There is a need for continuous consultation and agreement on the scheme with the farmers. They have to be central to all of this because it is their land.

I have heard concerns, which I hope the Minister of State will be able to allay, that in at least one area, the farmers involved in the pilot project do not feel they are in the loop as to whether it is intended to proceed with this scheme nor do they seem to be clear as to whether there is indemnity or what the conditions of that indemnity are. They have not seen any insurance policy. I also believe that for this to proceed we have to start from step one. We are talking about 15 years of a time lag at this stage. An rud a théann i bhfad, téann sé i bhfuaire. Tá sé sin thar a bheith fíor sa gcás seo. People who were gasúrs at the beginning of the scheme are now farmers. They feel that for any scheme to proceed, it has to be with their full, renewed consent. I hope the Minister of State will be able to clarify that we will get this once again based on the consent principle by the farmers and that the lack of openness that seems to be present at the moment would be dispelled. Without trust, this scheme does not work.

Anne Rabbitte (Galway East, Fianna Fail)
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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.

Éamon Ó Cuív (Galway West, Fianna Fail)
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It tells us about the future. It keeps talking about the pilot scheme as if it existed. The Minister of State said there was talk about expanding it and all of these plans and so on, as if the pilot scheme existed. It says that insurance was put in place in 2021, as if the farmers knew about. Binn Shleibhe is the mountain at the back of my house and I happen to know the farmers who live around the mountain. The farmers do not seem to be aware whether they have given consent because some of the younger farmers were not there in 2008. In any case, it was too long a period of time to work on whatever was agreed in 2008. The world has moved on and changed dramatically.

The second thing is they do not seem to have any knowledge of this insurance policy the Minister of State referred to. The Minister of State said that through this process a public liability insurance policy was secured by the Department for the two existing mountain access project areas, the MacGillycuddy Reeks and Binn Shleibhe in Galway. I was approached by farmers in Binn Shleibhe and they do not seem to have any details on this insurance policy, and it is their land.

Will the Minister of State carry back a request from me that there would be an immediate, urgent consultation with all of the farmers in the two pilot area as to exactly what is going on, when consent was given, on what basis agreement was reached, whether they were made aware of this insurance policy, and if they have had sight of it? These are fundamental issues because there was one key ingredient to the success of this, which was farmers' support, consent and agreement. We are in danger of losing that through lack of interaction with the farmers. No other local group is any good. It has to be with the landowners. We know well enough in Ireland about the traditions of owning land, how precious land is to people and how they are very anxious to preserve their rights in their own land.

They are generous with it as long as one does that.

Anne Rabbitte (Galway East, Fianna Fail)
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I thank the Leas-Cheann Comhairle. I understand the Deputy Ó Cuív’s concern regarding the mountain access project and I will bring back his commentary on it to the Minister, Deputy Humphreys. Embracing Ireland’s Outdoors commits to expanding the mountain access project with a timeline to the end of 2023. The Department wants to ensure that there is appropriate guidance before it is expanded. This guidance has been developed by the subgroup of Comhairle na Tuaithe. The subgroup has the farming organisations represented on it and expansion will be done with the co-operation of the farming organisations. The important piece here is the landowners.

Éamon Ó Cuív (Galway West, Fianna Fail)
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As regards the farming organisations, most farmers are not in these organisations.

Anne Rabbitte (Galway East, Fianna Fail)
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That is the piece which involves the farmers and the landowners. I will bring that back to the Minister, Deputy Humphreys. I understand officials from the Department of Rural and Community Development met with representatives of CDS Teo, Petersburg outdoor education and training centre and GeoPark last month regarding the mountain access project at Binn Shléibhe-Mount Gable. This meeting agreed that the Department would provide funding for an engagement officer to work with the local stakeholders and assist with any issues. In addition, the Department asked the IFA to assist at a local level.

Embracing Ireland’s Outdoors acknowledges the essential role landowners can play in facilitating permissive access to their lands while acknowledging that this goodwill and the legal rights of landowners must be respected by all recreational users. In the roll-out of the mountain access project and its expansion, this principle will continue to be respected and adhered to.