Michael Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

26. To ask the Minister for Environment, Community and Local Government if he intends to introduce legislation in relation to countryside access; his view on the recent legislation introduced in the house by Deputy Dowds; and if he will make a statement on the matter. [28053/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

An Expert Group, established by the then nister for Community, Rural and Gaeltacht Affairs to examine and make recommendations on “the Legal Issues of Land Access for Recreational Use” and issues around legislating for countryside access, submitted its report in May 2007.

It did not set out specific recommendations but examined exi sting legislation, such as the Occupiers’ Liability Act, 1995, and explored the implications of introducing legislation, such as granting a right of access to recreational users. The report is available on my Department’s website. The Minister at the time formed the view that the best way forward was to develop permissive access with the agreement of landholders through various initiatives such as the Walks Scheme and Pilot Mountain Access Projects. The consensus approach adopted is underpinned by the principle of mutual respect between landowners and recreational users, with acceptance of the rights of landowners regarding access to their land and the need for recreational users to have reasonable access to the countryside.

My Department continues to work with stakeholders through Comhairle na Tuaithe and is currently negotiating the implementation of a National Indemnity Scheme which will indemnify private landowners against claims from recreational users for injury or damage to property. The Occupiers Liability Act, 1995 already provides significant protection to landowners, but the upfront costs of successfully defending a claim can be significant. My Department is currently reviewing a number of options in relation to countryside access and I will give careful consideration to all options put forward.