Written answers

Wednesday, 16 October 2013

Department of Environment, Community and Local Government

National Indemnity Scheme for Landowners

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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72. To ask the Minister for Environment, Community and Local Government when he intends to introduce a national indemnity scheme for land owners against recreational users of their land; and if he will make a statement on the matter. [43688/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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A National Indemnity Scheme for Landowners to facilitate access to private lands for recreation purposes is currently under development through Comhairle na Tuaithe and the State Claims Agency. 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 advisors from any landowner faced with the prospect of a claim arising from injury or damage to the property of a recreational user.

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. Initially it was envisaged that individual indemnity schemes would be provided to facilitate Mountain Access and other recreational projects in specific areas. However, due to the administrative and financial costs associated with such a fragmented approach, it was determined that the possibility of introducing a National Indemnity Scheme that could be administered in a more efficient and cost effective manner should be investigated.

Progress to date has been positive following meetings with farming organisations and with the State Claims Agency but a number of issues still remain to be finalised. It is hoped that a National Indemnity Scheme can be implemented in 2014.

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