Indemnity scheme proposed for farmers with publicly accessed land
Minister Humphreys said in light of the complexities involved her officials have been considering alternative pilot approaches, including an insurance solution, to address the matter on an interim basis.
The provision of a proposed indemnity scheme for farmers with land that is accessible to the public for hill walking was described as a complex issue in the Dáil by Rural and Community Development Minister Heather Humphreys.
In a written reply to Sinn Féin TD Matt Carthy, she said the Department has, for some time, been examining how best to introduce a scheme to indemnify private landowners in upland areas who allow access to their lands for recreational purposes.
She said the Department has been advised that an indemnity scheme such as the one that had been proposed would require the legislative provision and that a number of separate pieces of legislation might need to be amended.
Minister Humphreys said in light of the complexities involved her 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 the Department for the two existing Mountain Access Project areas, the MacGillycuddy Reeks in Kerry and Binn Sléibhe in Galway and came into effect from August 13 last.
“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 two Mountain Access Project areas involved,” she said.
Minister Humphreys said other options around indemnity and potential amendments to the Occupiers' Liability Act will continue to be explored and progressed as appropriate over the coming months. The Department is also engaging further with the Attorney General on this matter.
Irish Farmers' Association Farm Business Chairwoman Rose Mary McDonagh recently acknowledged a change in the law regarding rights of way and easements.
She said the changes enacted removed the cliff edge date of November 30 for landowners to register rights of way and easements under the existing legal process.
The IFA and other stakeholders, including the Law Society, had highlighted to Government the unworkable situation that would have occurred if the existing law was not amended before the November deadline.
She said the Minister for Justice Helen McEntee committed that the Government will carry out a review to identify any necessary changes to ensure that this area of the law is placed on a sustainable long-term basis.
Rose Mary McDonagh urged the Minister to ensure that all relevant stakeholders, including the IFA, are included in this review process
