Dáil Éireann Debate, Tuesday - 5 October 2004
467 Mr. Carey asked the Minister for Community, Rural and Gaeltacht Affairs the proposals in place within his Department to facilitate the use of private lands here by walkers, similar to that which was introduced in the UK from 19 September 2004 under EU legislation; and if he will make a statement on the matter. [23255/04]
View answerI am aware that in the United Kingdom the introduction of access to open country and registered common land in England and Wales under the Countryside and Rights of Way Act 2000 has commenced. The Deputy will appreciate that, in the case of this country, there are constitutional considerations regarding private property which do not apply in the UK. I have no proposals, at present, to introduce such legislation here.
The recent Oireachtas All-Party Committee on the Constitution report on the provisions of Articles 40.3.2° and Article 43 of the Constitution with regard to private property rights considered this issue. The report of the committee included a recommendation to establish a countryside recreation council. The committee recommended an approach along the lines of the Northern Ireland model, where the countryside access and activities network was established. It was felt that such an approach could help encourage joint tourism projects as well as avoid the heavy mapping costs, which were incurred during the approach taken in England and Wales.
In view of concerns in this area, in February 2004 I established Comhairle na Tuaithe which includes representatives of farmers and landowners, recreational users of the countryside, tourism marketing bodies, the Heritage Council and the Irish Sports Council.
The aims and objectives of Comhairle na Tuaithe are to ensure that all those with an interest and concern in the sustainable development and proper management of the recreational amenities of the countryside are fully consulted on their future management; to develop and update, as necessary, a national countryside recreation strategy; to ensure that all means necessary are used to resolve conflicts that arise in relation to access issues and responsible enjoyment of the countryside; to raise awareness of the benefits to and responsibilities of recreational use of the countryside and to carry out research and training on related issues; and to allow the benefits and management of increased leisure use to be studied closely.
The work plan of Comhairle na Tuaithe for its first year involves the following outputs: a seminar on its work; preparation of a national countryside recreation strategy; mechanisms for conflict resolution in relation to access issues and responsible enjoyment of the countryside; and a countryside code.
Comhairle na Tuaithe is now preparing for a national seminar to be held in November to promote and develop its work and to identify key mechanisms and processes to achieving progress. I am hopeful that the approach outlined to help bring about a solution through a community based approach will point the way forward. I believe, given our general partnership approach to solving problems, that it is the correct way to proceed.
