The Department of Rural and Community Development said that it continues to explore options around indemnifying farmers against liability for walkers on their lands.

Responding to a parliamentary question from deputy Niall Collins, Minister for Rural and Community Development Heather Humphreys said that her 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”.

Scheme for indemnifying farmers

Describing it as a “complex issue”, the minister gave an update:

“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.

“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.

“Through this process, a public liability insurance policy was secured by my department for the two existing Mountain Access [Scheme] areas, the MacGillycuddy’s Reeks in Kerry and Binn Sléibhe in Galway, and came in to effect from August 13, 2021.

“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.”

The minister added that 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”.

“My department is also engaging further with the Attorney General on this matter,” the minister added.