Ruairí Quinn
Question:6 Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the proposals he has arising from the report of Comhairle na Tuaithe; and if he will make a statement on the matter. [20977/07]
Other Questions.
Rural Recreation.
Róisín Shortall
Question:15 Deputy Róisín Shortall asked the Minister for Community, Rural and Gaeltacht Affairs his proposals in regard to the commitment given in the programme for Government for the implementation of a major programme to promote rural countryside recreation to be implemented by a dedicated unit or division of staff in consultation with stakeholders; and if he will make a statement on the matter. [20983/07]
Ruairí Quinn
Question:22 Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs his views on the report of the expert group established to examine and make recommendations on the legal issues of land access for recreational use, published on 5 July 2007; and if he will make a statement on the matter. [20978/07]
I propose to take Questions Nos. 6, 15 and 22 together.
In its report on the national countryside recreation strategy, Comhairle na Tuaithe made recommendations. These were that the Attorney General be requested to examine restating and reflecting in legislation the current common law position regarding the protection of landowners' property rights where recreational access is allowed on their land; that the Law Reform Commission be requested to make recommendations on the broader issues of access to the countryside for recreational users, focusing on the constitutional and legal position pertaining in Ireland; and that Comhairle na Tuaithe considered that no cost burden or liability, within the meaning of the Occupiers Liability Act 1995, should attach to farmers or landowners as a result of allowing recreational users on their land.
To ensure these issues were addressed as a matter of priority, I established an expert group and asked that it report to me by 30 April. Due to the short timeframe available to the expert group, I requested it to initially consider issues in three broad areas. These are indemnity and addressing the insurance issue; constitutional issues on right to roam law and whether farmers would have to be compensated, with a preliminary view as to whether the right to roam could confer wider access rights; and bare licence, specifically whether it should be put on a formal statutory basis.
I received the report in early May and members of Comhairle na Tuaithe were given until the end of August to put forward their comments and observations. The comments received are now being examined by my Department.
Additional information not given on the floor of the House.
As the Deputies are aware, the report is an objective legal opinion or legal advice. It is a report of legal experts but every legal opinion is subject to what a court would decide. It is very useful in that regard, but it should be remembered that is not a policy proposal. It sets out legal possibilities and informs our options for the future.
It appears there are two ways to address the issue of countryside recreation — either through legislation or through community agreement. I have always made clear my view that an agreed community approach offers a win-win situation for everyone with an interest in countryside recreation. Everyone in Comhairle na Tuaithe seems to be in agreement on the need for the protection of landholders and the need for reasonable access. There is a significant consensus within comhairle on preparing a scheme for the development and maintenance of agreed walks and work on the framework of this scheme is currently ongoing in my Department, in full consultation with Comhairle na Tuaithe.
Arising from my consideration of the national countryside recreation strategy, and in addition to establishing the expert group, I have also taken a number of other initiatives. For example, agreement has been reached with Fáilte Ireland for the employment of 11 rural recreation officers to promote walking tourism in areas where there are clusters of suitable, accessible walks. These officers will act as a contact person for walking tourists and provide a wide range of support and advice. I announced the locations of these officers at the Ploughing Championship this week.
In addition, an amount of €600,000 was made available by my Department to Fáilte Ireland in 2006 for capital work on looped walks. A further €1.5 million has been made available in 2007. Some €90,000, or €30,000 per annum over three years starting in 2006, has been allocated to Wicklow Uplands Council and Wicklow Rural Partnership to develop a network of access routes over private lands in areas of high scenic and amenity value in County Wicklow.
A branch of Leave No Trace was established in Ireland in 2006 and my Department supported that organisation by allocating €30,000 towards the employment of a strategic co-ordinator. The co-ordinator is involved in actively promoting the Leave No Trace message among the many countryside recreation groups around the country. Funding has also been made available to Great Southern Trail, GST, to upgrade a section of the existing walking trail to cycling standard. GST is a non-profit voluntary group working to develop the abandoned Limerick to Tralee railway line so that the region can be explored in a safe, leisurely way by foot or bicycle.
My Department has had meetings with Iarnród Éireann regarding the use of its abandoned railway lines for recreation purposes and with Coillte on the provision of countryside recreation amenities. In a similar vein, I have met with Bord na Móna to discuss the possibility that some of their lands could be used for recreational purposes.
I assure Deputies that I recognise the commitment of Comhairle na Tuaithe's members to developing countryside recreation and it is my clear intention to continue working with them to find the best way forward.
The reply being read out by the Minister is substantially the same as one delivered to me yesterday in a written reply.
Does the Minister accept that some form of legislation will ultimately be necessary, following extensive consultation? Does he concur that some form of legislation, for which he will have responsibility during the next few years of this House, will be the basis upon which a consensus can be consolidated? Without some legal basis, whatever shape it may take, we will not make progress, as one individual out of 20 will retain a veto.
I do not accept fully that one individual out of 20 will maintain a veto. The way this is bubbling from the ground up is that the vast majority of communities are now becoming involved in the whole walkways concept. They are coming to us having created walkways. These are rural communities, made up of farmers and others, coming forward with great ideas and driving the concept. That is the way to have it.
Three issues are coming forward constantly regarding legislation. These are the approach being taken by the ICMSA, that we must regularise the case of bare licence, which I understand is a common law provision. This approach maintains there should be a clear statement in law that no matter how often somebody walks across land, they get no proprietary rights.
Another approach is from the perspective of right to roam. This is similar to the cases of England and Scotland. We had very interesting discussions when I visited New Zealand two years ago in that regard. The scenario is not the same but that country has much private land adjacent to cities which is walked on. I have papers and discussion documents from those meetings, which were very helpful. The view expressed was that in their history, a right to roam law across private land would not solve anything. New Zealand is considered to be one of the best countries in the world in terms of rural recreation.
I am basically taking a twin-track approach. There are many ideas which everyone agrees upon and most rural communities wish to see rural recreation. We should get ahead in that regard. We have slowly and carefully been building up the consensus. I have an open mind about looking at legislative issues, without any indication at this stage as to where it might lead. My gut reaction from the very beginning has been that, in view of our history, a right to roam law as it is in England or Scotland will not work. I remain to be convinced it would lead us anywhere other than further acrimony.
On the other hand I have been clear about two other factors, which I wish to emphasise. If a significant amount of farmers would suddenly refuse people permission to walk the hills of Ireland, my view would probably change very fast. I have always maintained that view. I am working on the basis we can get a good, broad and voluntary agreement. I hope the rural recreation officers do much good in that regard.
I am not willing, on behalf of the State, to commit the State's money to right to access. I have stated that time and again and I will repeat it here in this House.
I am obliged to conclude Question Time.
Written Answers follow Adjournment Debate.