Dáil Éireann Debate, Tuesday - 18 April 2023
1837. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the progress made to date with the mountain access scheme, first commenced 15 years ago; if farmers who participate are indemnified against a claim by hill walkers; and if she will make a statement on the matter. [16391/23]
View answerEmbracing Ireland’s Outdoors, the new National Outdoor Recreation Strategy 2023-2027, which was launched last November, 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 enhancing access to outdoor recreation amenities, including the expansion of the Mountain Access Project to other uplands areas. My Department and Comhairle na Tuaithe are currently developing guidance for the Mountain Access Project to aid other local groups in the management of key upland areas using good practice models. These guidelines are to be finalised later this year. Following this, it is proposed to commence the expansion of the Mountain Access Project at the end of 2023. A further commitment under Embracing Ireland's Outdoors will see the piloting of an Upland Recreation Scheme, similar in nature to the Walks Scheme, which will be rolled out through the Mountain Access Project in 2024.
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. 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 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 further with the Attorney General on this matter.
