Written answers

Thursday, 7 July 2016

Department of Arts, Heritage and the Gaeltacht

Rights of Way Registration

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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52. To ask the Minister for Arts, Heritage and the Gaeltacht the actions she has taken in recent times to encourage farmers to participate in the roll-out of walking trails and to ensure farmers are adequately protected from any claims for compensation from persons who traverse their land; and if she will make a statement on the matter. [18456/16]

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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The majority of Ireland’s trails and walking routes are permissive access routes that have been developed with the agreement of private landowners, both public and private. This consensus approach 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.

Unless a public right of way exists, access to any land in private ownership is at the discretion of the landowner and the extent to which access by members of the public to that land is permitted is within the control of the landowner.

Currently, my Department administers the Walks Scheme, which is a maintenance-based scheme whereby participating landholders receive modest payments to maintain sections of National Way Marked Ways and other priority walks that traverse their lands. The number of participants on the Scheme currently stands at 1,908 with a total of 39 trails covered by the Scheme. Payments to participants on the Scheme will be in the region of €1.8m in 2016.

There is a commitment inA Programme for a Partnership Governmentto expand the Walks Scheme and I will be engaging with my colleagues in Government and with the Oireachtas to seek to advance this commitment in the context of the forthcoming estimates and budgetary processes. I am convinced that such an expansion would boost the number of high quality walks available to citizens and visitors alike, thereby increasing the attractiveness of the walking experiences available throughout Ireland.

The National Trails Office of Sport Ireland has responsibility for trail standards and for trail inspections. These inspections are carried out by inspectors and a detailed report compiled. Once a recreational trail has been inspected and approved, it becomes accredited and can be listed on the Irish Trails Register, www.irishtraile.ie, which is maintained by the National Trails Office. There are currently 886 trails listed.

An insurance policy is held by the National Trails Office, which indemnifies all landowners and occupiers whose property or land is crossed or adjoins a ‘recreational trail’, once that trail has been inspected and approved by the National Trails Office. The cover extends to liability attaching to the land or property owner arising from a user of the ‘recreational trail’ sustaining accidental bodily injury or property damage when on the land of the owner for recreational or leisure activities connected with the designated ‘recreational trail’.

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 considering the introduction of a National Indemnity Scheme which would indemnify private landowners against claims from recreational users for injury or damage to property. Discussions are at an advanced stage and I am hopeful that a scheme can be agreed in a number of pilot areas before the end of 2016.

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