Anne Ferris (Wicklow, Labour)
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To ask the Minister for Environment, Community and Local Government his plans to reform the laws governing rights of way in view of the recent High Court ruling involving an association (details supplied); and if he will make a statement on the matter. [41429/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I do not have any current plans to reform the laws governing rights of way.

Section 14 of the Planning and Development Act 2000 provides for a process for the inclusion by planning authorities of public rights of way in development plans. The process allows for the referral to the Circuit Court, by the landowner affected, of a proposal to include a right of way and where the court is satisfied that no right of way exists, the planning authority may not include it in its development plan. Section 14(7) provides that "the inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown".

The question of whether a public right of way exists is therefore ultimately a matter for the courts to determine.

Ireland's Waymarked trails and the majority of other walking routes are “permissive access routes” that have been developed with the landowners’ agreement; they are not public rights of way. Accordingly, the recent ruling regarding rights of way is not expected to have any significant impact on the existing network of permissive access routes currently available to walkers.

With regard to access to the countryside, an Expert Group reported to the relevant Minister in May 2007. It did not set out specific recommendations but examined existing legislation and explored the implications of introducing legislation, such as granting a right of access to recreational users. It was determined that the best way forward was to develop permissive access with the agreement of landholders. The consensus approach adopted is underpinned by the principle of mutual respect between landowners and recreation users, with the acceptance of the rights of landowners regarding access to their land and the need of recreation users to have reasonable access to the countryside. The report by the Expert Group on "Legal Issues of Land Access for Recreational Use" is available on my Department’s website.