Dáil Éireann debate -
Thursday, 20 Apr 1989

Vol. 388 No. 10

Ceisteanna—Questions. Oral Answers. - Legislation to Protect Farmers.

7.

Mr. Boylan

asked the Minister for Justice, in view of the widespread number of litigation cases in the country at present in relation to personal injuries claims and the need to ensure that our countryside is open to visitors from abroad and to people from our towns and cities, if he intends to introduce legislation to protect farmers and land owners from third party claims by such people using their lands for sporting purposes and gaining access to our lakes and rivers; whether it is necessary in the interest of the tourist industry and the goodwill of rural and urban relations that such legislation be drafted; and if he will make a statement on the matter.

46.

Mr. Noonan

(Limerick East) asked the Minister for Justice if his attention has been drawn to the concern of farmers that they are liable for any and every injury to fowlers, in circumstances where gun clubs have shooting rights over their lands; the action he intends to take to remedy the situation; and if he will make a statement on the matter.

Mr. Collins

I propose to take Questions Nos. 7 and 46 together.

As I have explained in the House on previous occasions, I could not undertake to indicate by way of reply to parliamentary questions what specific proposals I might have in regard to amending legislation in a particular area.

That having been said, however, I am aware of the concern that has been expressed in various quarters about the issue of liability to entrants on to property generally. One way of dealing with the matter would be to have the Law Reform Commission undertake a study and make recommendations having considered submissions from all interested bodies. I am in touch with the Attorney General on this aspect of the issue.

Mr. Noonan

(Limerick East): I welcome the Minister's reply. It is a satisfactory response. Could a time limit be put on the Law Reform Commission's examination of the matter? I am sure the Minister is aware farmers are considering banning everybody from their lands because they think they are liable for any or every injury which takes place.

Mr. Collins

I appreciate Deputy Noonan's concern in this difficult matter and I share that concern. With regard to his suggestion that a time limit on this matter might be considered, I will have a look at it and see if we can speed it along.

Mr. Davern

I thank Deputy Boylan for raising this issue. This is very serious for rural life. Has the Minister had representation from the IFA, land owners, etc? Is he aware of the breaking down of the structural systems in rural Ireland and the banning of people entering land for any sport, be it on foot, horse, orienteering, mountaineering or simply walking?Would the Minister look at the 1984 British Act regarding owner's liability and the 1985 owners liability Act of Northern Ireland where a certain guarantee is given to land owners?

Mr. Collins

I, like other Members of this House who have the privilege of representing rural communities, have been approached by groups of farmers and I have heard the concerns that have been raised in the House. I had a discussion informally on the issue with the deputy president of the IFA but it was very brief and was just mentioned in another discussion we were having. I have a request from the IFA to meet their president, Tom Clinton. I have replied that I would be prepared to meet him and hear their viewpoint. That I will do and I have asked that he will come in whenever he is ready. The matter should be dealt with quickly.

I am bearing in mind what Deputy Noonan has mentioned because there is a great deal of concern that this situation might go on and on and prevent a number of other everyday activities which we accept as normal in rural Ireland. With regard to suggestions made about the British Act of 1984 and the Northern Ireland legislation, we will look at these matters. I have not examined them and I have no note on them.