Landowner indemnity by 2014 at the earliest
Environment Minister Phil Hogan said the scheme was being developed through Comhairle na Tuaithe and the State Claims Agency. “The Occupiers Liability Act of 1995 already provides significant protection to landowners, but the up-front costs of successfully defending a claim from a recreational user can be significant. In that regard, the proposed indemnity scheme would remove the burden of dealing with insurance companies, and engaging legal advisors, from any landowner faced with the prospect of a claim arising from injury, or damage to the property, of a recreational user.”
“There are a number of important issues, and technical matters, to be addressed as part of this process. In addition, a comprehensive and robust risk-assessment model must be developed and subsequent risk-management processes identified and put in place. Initially, it was envisaged that individual indemnity schemes would be provided, to facilitate mountain access and other recreational projects in specific areas. However, due to the administrative and financial costs associated with such a fragmented approach, it was determined that the possibility of introducing a national indemnity scheme that could be administered in a more efficient and cost-effective manner should be investigated. Progress, to date, has been positive, following meetings with farming organisations and with the State Claims Agency, but a number of issues still remain to be finalised. It is hoped that a national-indemnity scheme can be implemented in 2014.”
