Dáil Éireann Debate, Tuesday - 22 March 2022
1162. Deputy Michael McNamara asked the Minister for Rural and Community Development if there is a commitment, expressed or implied made in the Programme for Government 2020 to enact legislation within the lifetime of the current Government that would provide for unfettered access to the general public to privately owned lands; and if she will make a statement on the matter. [14576/22]
Amharc ar fhreagraThe Programme for Government commits to developing a National Outdoor Recreation Strategy, investing in our blueways and recreational trails, and expanding the Walks Scheme.
I expect to publish the National Outdoor Recreation Strategy later this year and in 2021 I approved funding of almost €35 million under the Outdoor Recreation Infrastructure Scheme.
In addition, I expanded the Walks Scheme, adding 31 new trails and meeting the Programme for Government commitment of 80 trails under the Scheme. Walking trails that traverse private land are generally provided on a permissive access basis. Through the Walks Scheme, funding is provided to c. 2,400 landowners to maintain the trails. My Department is also considering a similar scheme for the uplands where landholders would receive modest payments for maintenance work undertaken in line with agreed work plans.
My Department has, for some time, been examining how best to introduce a scheme to indemnify private land owners in upland areas who allow permissive access to their lands for recreational purposes. This is a complex issue and the legal rights of landowners must be considered and respected, while trying to facilitate access to their lands for recreational users on a permissive basis. My Department has been advised that an indemnity scheme 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 Mountain Access Project areas, the MacGillycuddy Reeks in Kerry and Binn Sléibhe in Galway, which came in to effect from 13th August 2021. This pilot solution was developed in consultation with Comhairle na Tuaithe and is being implemented on a pilot basis. The policy represents a substantial step forward on this matter for landowners in the two Mountain Access Project areas involved.
Other options around indemnity and potential amendments to the Occupiers' Liability Act are continuing to be explored and progressed as appropriate over the coming months. My Department is also engaging further with the Attorney General on this matter.
