Written answers

Tuesday, 14 February 2023

Department of Rural and Community Development

Departmental Schemes

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail)
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912. To ask the Minister for Rural and Community Development if she will provide an update on a proposed indemnity scheme for farmers with land that is accessible to the public; and if she will make a statement on the matter. [6787/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Embracing Ireland’s Outdoors, the new National Outdoor Recreation Strategy 2023-2027,was launched last November. The Strategy was developed in collaboration with Comhairle na Tuaithe and is a collaborative cross-Government, stakeholder-led strategy. It reflects the views of stakeholders, the public and the whole of Government and it sets the stage to strengthen and support the sustainable development of the outdoor recreation sector in Ireland for years to come.

Embracing Ireland's Outdoors has committed to enhacing access to outdoor recreation amenities including expanding the Mountain Access Project to other uplands areas. My Department has, for some time, 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 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 pilot 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 this came in to effect in 2021. This pilot solution was developed in consultation with Comhairle na Tuaithe and is being implemented on a two year trial basis, with a possibility for extension pending the expansion of the Mountain Access Project. The policy represents a substantial step forward on this matter for landowners in the Mountain Access Project areas involved.

In addition, the issue of indemnity is also being addressed through the proposed changes to the Occupiers' Liability Act which are currently being progressed through the Courts and Civil Law (Miscellaneous Provisions) Bill 2022. My Department is also engaging with the Attorney General on the issue.

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