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Tourism Promotion.

Dáil Éireann Debate, Tuesday - 10 May 2005

Tuesday, 10 May 2005

Ceisteanna (41, 42)

Breeda Moynihan-Cronin

Ceist:

84 Ms B. Moynihan-Cronin asked the Minister for Arts, Sport and Tourism if he has received a copy of the report, the Reeks action plan, which sets out serious concern at the lack of facilities and access to Carrauntoohil; if, in view of the importance of Ireland’s highest mountain to tourism here, he intends to take action arising from the report; and if he will make a statement on the matter. [15008/05]

Amharc ar fhreagra

Dan Boyle

Ceist:

112 Mr. Boyle asked the Minister for Arts, Sport and Tourism whether the reply to Question No. 59 of 1 December 2004 was correct in view of the fact that the Joint Committee on the Constitution has stated that, in its view, there would be no constitutional problem with legislation providing for better access to the countryside. [14956/05]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 84 and 112 together.

I have received a copy of the Reeks Action plan and am aware of the significant work invested in it by Beaufort Community Council to address a number of issues surrounding the route to Carrauntoohil. While neither I nor my Department directly administer any schemes to support such projects, I did refer the matter to Fáilte Ireland for its attention. I understand the project is among a number of such projects being assessed for funding under the recent second call for proposals under the tourism product development scheme. This scheme is funded under the EU-supported regional operational programme and it is managed by the product management board.

On the more general issue of access to the Irish countryside for recreational purposes, this matter falls within the ambit of my colleague, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív. As the Minister explained to the House on 5 October 2004 last in response to a parliamentary question, the issue is being considered by Comhairle na Tuaithe, the Countryside Recreation Council.

The All-Party Oireachtas Committee on the Constitution endorsed the establishment of such a council. The comhairle was appointed in February 2004 to bring together representatives of farmers and landowners, recreational users of the countryside and tourism bodies with a view to finding a positive and speedy resolution to the access difficulties that have arisen in recent years. These difficulties have negative implications, not only for the development of rural tourism but also for marketing Ireland abroad, which is based on the image of Ireland as a welcoming destination.

I understand that a Supreme Court judgement of 21 January 2005 has opened the way to clarifying some of the complex issues involved. The case centred on an appeal of a High Court decision that found a landowner was liable for damages sustained by a recreational user. The Supreme Court found that there was no liability on the part of the landowner and set aside the High Court judgement. I understand that the Minister is awaiting the outcome of the Comhairle's deliberations on the implications of this decision and related issues with a view to putting in place a policy framework to facilitate an acceptable and reliable level of access to the countryside for recreational walkers.

I do not believe my reply to Question No. 59 of 1 December 2004 was incorrect. In response to a supplementary question, I said that the British Government had introduced:

demanding legislation in regard to legal rights of access for walking activities across Britain. Having looked at the situation, I am strongly of the view that because of the rights to private property in the Constitution, such legislation [my emphasis on this occasion] would not survive constitutional challenge here and that represents a real difficulty.

This is still my view. I do not believe the approach adopted in England and Wales is the way forward.

I hope the issue can be resolved as suggested by the all-party committee which, while concluding that no constitutional amendment may be necessary, pointed out that a number of submissions received revealed "certain shortcomings in the existing legislation".

Question No. 85 answered with QuestionNo. 83.
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