IFA has not stopped public access
Mr Enright’s assertion that IFA has stopped people from accessing land is certainly not true.
IFA has consistently stated that farmers have no problem in people accessing land provided they seek the permission of the landowner.
Any of the disputes to date have resulted from walkers trying to access land where they have no rights and where they have failed to consult with the landowner.
IFA will continue to support landowners who do not want walkers on their farms.
Mr Enright’s article also ignores the recent court case surrounding the Old Head of Kinsale where the court adjudicated in favour of the landowners and that the public did not have a right of access. In relation to the 1995 Occupiers Liability Act, landowners should be aware of the recent Donegal case which adjudicated against the landowner. This decision makes farmers and landowners very nervous about letting anybody onto their land whether they are invited or not.
In the interest of fair journalism, I think Mr Enright should get his facts clearer before he puts pen to paper.
Chris Hayes
Chairman
West Cork IFA
Downeen
Rosscarbery
Co Cork
:
Mr Hayes correctly says there were inaccuracies: the disputed path was not part of the Wicklow Way and Wicklow county council had not confirmed that it was a right-of-way. These errors were acknowledged the following week.
Mr Hayes says my article “clearly ignores the right of private citizens to their own property.” I cannot find this assertion or implication anywhere. He failed to see my sentence: “The 1995 Act it is a fair law and landowners must protect themselves.” Also, nowhere in the article did I assert “that the IFA has stopped people from accessing land.”
Mr Hayes is a selective reader: he reads what he would like to read, not what the text actually says. His tone is one of certainty.
I would refer him to John Kerry’s words to George W Bush: “It is one thing to be certain. But you can be certain and you can be wrong.”
His contention that “farmers have no problem” if people ask permission is clearly nonsense. Ask the Bull McSharry for permission, and see what answer you will get.
However, most IFA members will graciously allow access if asked. The problem is who to ask, and how many to ask, before setting out on a route of historic, scenic or environmental interest. These difficulties do not give the walker the right to enter illegally, but to claim “there is no problem” is disingenuous. The Old Head case has nothing to do with the article in question. I believe public access should be defended where it legally exists. I also support any measure that protects responsible owners against claims by trespassers or walkers.
The Donegal case Mr Hayes cites is under appeal. Surely, as an IFA official involved in the problems of access, he must know this?
