Written answers

Thursday, 30 June 2016

Department of Arts, Heritage and the Gaeltacht

Rights of Way Provision

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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145. To ask the Minister for Arts, Heritage and the Gaeltacht to consider legislating to allow for local authorities to lease rights of way from landowners who wish to facilitate the establishment of walking trails traversing their land which would indemnify the landholders from claims of liability for personal injury; and if she will make a statement on the matter. [18830/16]

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Through Comhairle na Tuaithe, which was established in 2004 to address among other matters the issue of access to the countryside, a set of access parameters to the countryside as a basis for conflict prevention has been developed.

As part of the ongoing process, an expert group was convened to consider a number of legal issues and, as part of its work, examined existing legislation such as the Occupiers Liability Act 1995. The group explored the necessity for and the implications of legislating with regard to a number of issues, including in relation to granting a right of access to private lands by recreational users.

The group reported in May 2007 and the then Minister formed the view that the most appropriate way forward was to continue on the basis of a permissive access regime with the agreement of landholders via initiatives such as the Walks Scheme and the Pilot Mountain Access Projects. These initiatives continue to be successfully implemented on the ground by a team of Rural Recreation Officers, employed by Local Development Companies.

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 on the one hand and the need of recreation users to have reasonable access to the countryside on the other. The permissive access model currently used as part of the implementation of the National Countryside Recreation Strategy for the development of greenways and walkways in Ireland has led to the successful delivery of over 880 walking, cycling, and equestrian trails, which are all listed on the Irish Trails Register.

Ireland’s Way Marked 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. In general, there are very few public rights of way in Ireland which are not maintained public roads. Public rights of way acquired otherwise than by statute, arise as a result of dedication and acceptance. Given the success of the permissive model to date, I am of the view that access to private lands for recreational users should continue to be on a permissive basis only.

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