Written answers

Tuesday, 14 June 2022

Department of Rural and Community Development

Land Issues

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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2005. To ask the Minister for Rural and Community Development the progress that has been made since the formation of Government regarding the liability of farmers with land that is accessible by the public for hill-walking; and if she will make a statement on the matter. [29107/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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A National Outdoor Recreation Strategy (NORS) is currently being developed by my Department in conjunction with Comhairle na Tuaithe.  The Strategy, which is due to be launched before the year end, will provide a vision and an overarching framework for the growth and development of outdoor recreation in Ireland.

As part of the development of the new National Outdoor Recreation Strategy, my Department have been engaging with the Department of Justice in relation to potential amendments to the Occupiers' Liability Act 1995 . In light of landholders concerns regarding indemnity and recreational access, the recently published proposed amendments to the Occupiers' Liability Act are most welcome.  

My Department has, for some time, also been examining how best to introduce a scheme to indemnify private land owners in upland areas who allow access to their lands for recreational purposes.  This is a complex issue and my officials have been actively engaging with the Attorney General on this matter, having most recently met on the issue in early May 2022.  My Department has been advised that an indemnity scheme such as has been proposed would require legislative provision and that a number of separate pieces of legislation might need to be amended.

In light of the complexities involved, my officials have been considering alternative approaches, including an insurance solution, to address the matter on an interim basis.  Through this process, a public liability insurance policy was secured by my Department for the two existing Mountain Access Project areas, the MacGillycuddy Reeks in Kerry and Binn Sléibhe in Galway, and came in to effect in August 2021. This pilot solution was developed in consultation with Comhairle na Tuaithe and is being implemented on a two year trial basis. 

This pilot policy as well as the proposed amendments to the Occupiers' Liability Act represents a substantial step forward on this matter. 

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