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Rural Schemes

Dáil Éireann Debate, Tuesday - 20 June 2023

Tuesday, 20 June 2023

Questions (748, 750)

Éamon Ó Cuív

Question:

748. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the contact her Department has had in the past six months with the owners of land on a mountain (details supplied) which is part of the pilot mountain access scheme; whether the terms of a possible indemnity scheme, indemnifying them against claims by hill walkers, have been discussed with them and draft insurance policies shown to them; the progress made in discussions; and if she will make a statement on the matter. [29751/23]

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Éamon Ó Cuív

Question:

750. Deputy Éamon Ó Cuív asked the Minister for Rural and Community Development the contact her Department has had in the past six months with the owners of land on a mountain (details supplied) which is part of the pilot mountain access scheme; whether the terms of a possible indemnity scheme, indemnifying them against claims by hill walkers, have been discussed with them and draft insurance policies shown to them; the progress made in discussions; and if she will make a statement on the matter. [29763/23]

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Written answers

I propose to take Questions Nos. 748 and 750 together.

Embracing Ireland’s Outdoors, the new National Outdoor Recreation Strategy 2023-2027 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 expanding the Mountain Access Project to other uplands areas. 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 Department has 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/Mount Gable in Galway, and this came in to effect in 2021.

This pilot solution was developed in consultation with Comhairle na Tuaithe and representatives from the two pilot areas. It is being implemented on a trial basis, with a possibility for extension pending the expansion of the Mountain Access Project. The policy represents a substantial step forward on this matter for landowners in the Mountain Access Project areas.

My Department has been working with the representatives of the Mountain Access Project in both pilot areas. I understand that public meetings were held in both areas by the MAP representatives to discuss the insurance policy.

Last month my Department was made aware of a number of issues arising in relation to the Mountain Access Project referred to by the Deputy. Officials from my Department met with representatives from the area and agreed to immediately provide funding for an Engagement Officer to liaise with the landowners. My officials have also been in contact with Forum Connemara to discuss how the Galway Rural Recreation Officer can also support this engagement. In addition, my Department have asked the Irish Farmers' Association to assist at a local level.

The issue of indemnity is also being addressed through the proposed changes to the Occupiers' Liability Act which are currently being progressed through the Courts and Civil Law (Miscellaneous Provisions) Bill 2022.

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