Éamon Ó Cuív (Galway West, Fianna Fail)
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To ask the Minister for Environment, Community and Local Government the progress made to date in providing a state indemnity scheme against claims by recreational users walking on farm land; the reason this has not been introduced; and if he will make a statement on the matter. [57744/12]

Éamon Ó Cuív (Galway West, Fianna Fail)
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To ask the Minister for Environment, Community and Local Government if he will provide details of the proposal from the State Claims Agency for a national indemnity scheme for farmers against claims by recreational users; and if he will make a statement on the matter. [57745/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 205 and 206 together.

There is an indemnity scheme in place for private landowners whose lands are traversed by trails that are accredited by the National Trails Office of the Irish Sports Council. This scheme is underwritten by Irish Public Bodies Mutual Insurances Ltd.

However, a national indemnity scheme for landowners to further facilitate access to private lands for recreation purposes, rather than specifically for walking, is currently under development through Comhairle na Tuaithe. The Occupiers Liability Act of 1995 already provides significant protection to landowners, but the upfront costs of successfully defending a claim from a recreational user can be significant. In that regard, the proposed indemnity scheme would remove the burden of dealing with insurance companies and engaging legal advisers from any landowner faced with the prospect of a claim arising from injury or damage to the property of a recreational user.

The possibility of introducing a national indemnity scheme for private landowners facilitating access to their lands for recreation purposes is under discussion with the State Claims Agency. There are a number of important issues and technical matters to be addressed as part of this process. In addition, a comprehensive and robust risk assessment model must be developed and subsequent risk management processes identified and put in place. The full scope of the scheme is also under consideration and it will seek to address access to private lands in rural areas only.

Initially , it was envisaged that individual indemnity schemes would be provided to facilitate Mountain Access and other recreational projects in specific areas but due to the administrative and financial costs associated with such a fragmented approach it was determined that this option was not viable. Comhairle na Tuaithe agreed that my Department should investigate, in association with the State Claims Agency, a national indemnity scheme that could be administered in an efficient and cost effective manner. Progress has been made in this regard but some issues still remain to be finalised. I expect that discussions will continue with all stakeholders involved with a view to introducing a national indemnity scheme in 2013.