Dáil Éireann Debate, Tuesday - 6 December 2022
499. Deputy Ivana Bacik asked the Minister for Justice her views on the need to provide for orderly and lawful methods of ensuring public access to recreational lands that are held in private ownership; and if she will make a statement on the matter. [60989/22]
View answerAs the Deputy may be aware, the responsibility for ensuring public access to recreational lands that are held in private ownership sits with the Department of Housing, Local Government, and Heritage.
It is understood from my colleague the Minister for Housing, Local Government, and Heritage that Sections 206 and 207 of the Planning and Development Act 2000, as amended (the Act) provide for the creation of rights of way by planning authorities where it appears that there is need for a public right of way over any land.
The laws regarding public use of private land for walkers does not fall under the Act and therefore does not fall under the scope of the Review of Planning Legislation currently being undertaken by the Attorney General's Office.
The Deputy may also wish to note that the Department of Rural and Community Affairs, which is also under my remit, last month launched the National Outdoor Recreation Strategy 2023-2027.
The collaborative cross-government strategy will set the stage to strengthen and support the sustainable development of the outdoor recreation sector in Ireland.
The Strategy acknowledges the essential role that landowners play in facilitating access to their lands while acknowledging that this goodwill must be respected by recreational users.
All trails which are registered on the Sport Ireland Trails Register are covered by an insurance policy and the landholders are protected. There are over 400 such trails on the Register.
A key action in the Strategy is to expand The National Walks Scheme – under which landholders receive modest payments to maintain sections of National Way Marked Ways and other priority walks that traverse their lands - to include 150 walking trails by 2024.
All Walks Scheme trails are registered on the Sport Ireland Trails register and thus covered by its insurance policy.
That Department is exploring other options around indemnity which may be progressed as appropriate to ensure that it reflect the needs of landowners and the outdoor recreation sector.
As regards the private rights of way that are known as prescriptive rights of way - the Deputy may be aware that I have already brought forward the Land and Conveyancing Law Reform Act 2021, which was enacted and came into operation on 30 November 2021. Prescriptive rights of way are a different type of legal right from public rights of way, as they serve the property of a private owner, rather than belonging to members of the public generally.
