A minister has said that options, including a pilot public liability insurance policy, are being considered to solve the “complex” issue of indemnifying private land owners in upland areas.
Sinn Féin TD and agriculture spokesperson Matt Carthy sought an update on the progress made by government on the long-standing problem for farmers whose land is made accessible to the public for hill walking.
Minister for Rural and Community Development Heather Humphreys outlined that her department has been examining “for some time” how to best introduce a scheme to indemnify such private landowners from potential claims.
“This is a complex issue and my department has been advised that an indemnity scheme such as has been proposed would require legislative provision and that a number of separate pieces of legislation might need to be amended,” the minister stated.
“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,” Humphreys added.
The minister explained that a “public liability insurance policy” has been secured by her department on a two-year trial basis for the two existing mountain access projects areas.
The pilot for the the MacGillycuddy Reeks in Co. Kerry and Binn Sléibhe in Co. Galway came into effect August 13, 2021; this solution was developed with Comhairle na Tuaithe (the Countryside Council).
“The policy represents a substantial step forward on this matter for landowners in the two mountain access project areas involved,” she commented.
The minister said that she is considered other options such as amending the Occupiers’ Liability Act and if this is deemed appropriate it will be progressed in the coming months.
“My department is also engaging further with the Attorney General on this matter,” Humphreys concluded.