Ruairi Quinn (Dublin South East, Labour)
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Question 635: To ask the Minister for Community, Rural and Gaeltacht Affairs the steps he will take following the publication by the expert group on the possibility of introducing freedom to roam legislation; his views on the conclusions of the report and the necessity for a secure and clear legal framework to be enacted by way of legislation in order to facilitate access to the countryside; and if he will make a statement on the matter. [20822/07]

Éamon Ó Cuív (Galway West, Fianna Fail)
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To ensure that the legal issues raised by Comhairle na Tuaithe, in its report on the National Countryside Recreation Strategy, were addressed as a matter of priority, I established an Expert Group earlier this year. I asked the Group to report to me by 30th April.

Due to the short timeframe available, the Group was requested to initially consider issues in three broad areas:

1.Indemnity and addressing the Insurance issue;

2.Constitutional Issues on right to roam law and would farmers have to be compensated and a preliminary view as to whether the right to roam could confer wider access rights; and

3.Bare Licence and whether Bare license should be put on a formal statutory basis.I received their report in early May and members of Comhairle na Tuaithe were given until the end of August to put forward their comments/ observations. The comments received are now being examined by my Department.

As the Deputy will appreciate, 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 very useful in that regard, but it is not a policy proposal. Rather, it sets out what the legal possibilities are and informs our options for the future.

It appears that there are two ways to address the issue of countryside recreation — firstly through legislation or secondly, through 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. Everyone in Comhairle na Tuaithe seems to be in agreement on the need for the protection of landholders and the need for reasonable access. There is a huge consensus within Comhairle on preparing a scheme for the development and maintenance of agreed walks and work on the framework of this scheme is currently on-going in my Department, in full consultation with Comhairle members.

In addition to the work of the Expert Group and arising from my consideration of the National Countryside Recreation Strategy, I have also taken a number of other initiatives. These include putting in place a system of rural recreation officers to act as facilitators for farmers, landholders and walkers alike on agreed walking routes and developing and marketing additional agreed looped walks, in conjunction with Fáilte Ireland, local communities and other stakeholders.

I wish to assure the Deputy that I will continue to recognise the commitment of Comhairle na Tuaithe's members to developing countryside recreation and it is my clear intention to continue working with them to find the best way forward.