Written answers

Wednesday, 13 December 2006

Department of Community, Rural and Gaeltacht Affairs

Countryside Access

10:00 pm

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)
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Question 104: To ask the Minister for Community, Rural and Gaeltacht Affairs the progress made in relation to opening up the rural countryside to walkers; and if he will make a statement on the matter. [42877/06]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Deputy may wish to refer to the priority question No. 40, which I answered earlier this afternoon. In order to achieve its work programme, Comhairle na Tuaithe established separate working groups, which reported regularly to the full Comhairle, to address the three specific areas of its mandate. The group that worked on the issue of access to the countryside, was chaired by my Department and comprised a representative of;

Comhar LEADER na hÉireann

Fáilte Ireland

the Irish Cattle and Sheep Farmers Association,

the Irish Farmers Association

Keep Ireland Open and

the Mountaineering Council of Ireland

Through discussion, debate and co-operation they agreed a set of access parameters which Comhairle na Tuaithe formally endorsed and which it believes will act as a basis for conflict prevention and integrate a variety of needs and responsibilities.

In its recent work on the formulation of the National Countryside Recreation these access parameters helped inform Comhairle na Tuaithe's discussion around the issue of access. In its report on the strategy it made the following recommendations:

That the Attorney General be requested to examine restating and/or reflecting in legislation the current common law position in relation to the protection of landowners' property rights where recreational access is allowed on their land.

That the Law Reform Commission be requested to make recommendations on the broader issues of access to the countryside for recreational users focussing on the constitutional and legal position pertaining 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/landowners as a result of allowing recreational users on their land.

Comhairle na Tuaithe also recognised that farming organisations would continue to pursue direct compensation for access to land by recreational users of the countryside.

I am concerned to ensure that these issues are addressed as a matter of priority, so to expedite matters I am establishing an expert group, comprising a Senior Counsel and officials from the Office of the Attorney General, the Department of Justice, Equality and Law Reform and my own Department to urgently advise on tackling each of the legal issues raised. I will be asking them to consider each of the recommendations and to report back to me by 30 April 2007.

The Group is made up as follows:

Chairperson: Mr. Roger Kenny, Barrister

Mr. Damien Moloney, Advisory Counsel, Office of the Attorney General

Mr. Seamus Carroll, Principal, Department of Justice, Equality & Law Reform and an officer from my Department.

My Department is also actively pursuing the possibility of using former railway infrastructure as recreational trails for cycling etc. with the Department of Transport and Iarnród Éireann.

The Deputy will be aware that last year Comhairle na Tuaithe agreed the key features necessary for countryside code development with a focus on the potential application of the internationally-recognised Leave No Trace initiative. A branch of Leave No Trace has recently been established in Ireland and I am pleased to announce that my Department will be supporting that organisation by allocating €30,000 towards the employment of a Strategic Co-ordinator. The Co-ordinator will be involved in actively promoting the Leave No Trace message among the many countryside recreation groups around the country.

Fáilte Ireland has already identified a selection of looped walks which it has publicised in its brochure — Walking Ireland — and on its website. My Department in consultation with the Department of Arts, Sport and Tourism, Fáilte Ireland, Comhar LEADER na hÉireann and the National Waymarked Ways Advisory Committee are identifying further looped walks and waymarked ways for development. Details will be made available over the coming weeks and months of the work required to bring these up to the best international standards. I have set aside a further €1.5 million for this purpose.

I have reached agreement with Fáilte Ireland for the employment of up to 10 Walk Managers under the Community Services Programme to promote walking tourism in areas where there are clusters of suitable, accessible walks.

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