The introduction of a national indemnity scheme has been, and continues to be, a key priority for the Department of Rural and Community Development to support the continued provision of access to the countryside for recreational users on a permissive access basis, a department spokesperson has told AgriLand.
“The Department has been working to develop a scheme to indemnify private landowners with regard to the use of their lands for recreational purposes, and has been in discussion with the State Claims Agency and the Attorney General’s office to see how this can be brought about,” they said.
All parties recognise that this is a complex issue and the rights of landowners must be considered and respected, while trying to facilitate them to allow access to their lands for recreational purposes.
“The Department has been advised that the proposed indemnity scheme should be underpinned by legislation, and officials are now in the process of identifying the precise legislative requirements and/or processes required to give effect to the scheme,” said the spokesperson.
“The minister has asked his officials to prioritise this work and to develop clear legislative proposals to have the scheme progressed and rolled out as soon as possible on a phased basis.”
In February 2017, the High Court overturned a €40,000 damages award to a hillwalker over injuries suffered when she fell on a boardwalk on the Wicklow Way.
Sheep farmer Pat Dunne, from Glenmalure, Co. Wicklow, and former chairman of the IFA hill committee, said he welcomed the move to introduce a national indemnity scheme.
It will go a long way to putting farmers’ minds at ease as the stress and financial implications of someone having a fall and taking a court case are so severe – even the threat of it.
The biggest problem affecting the designated walk route on his land, he said, is walkers bringing their dogs with them. “Sheep and dogs don’t mix and we have had to shoot a few dogs that were hunting our sheep which is not a nice thing to have to do.”