The Labour Party has published draft legislation which would give hill walkers access to all land in the State that is 150m (492ft)above sea level and not being actively farmed. Miriam Donohoe, Political staff, reports.
The party said yesterday the Bill was aimed at ending confrontations between walkers and landowners over access rights.
However, the two main farm organisations, the IFA and the ICMSA, last night said the proposed new law was unconstitutional and tantamount to nationalisation of the land.
Under the terms of the Access to the Countryside Bill 2007, the owners of all land 150m above sea level, other than gardens and farmland, would carry no risk of liability for recreational walkers who suffered accidents or injury.
Local authorities would be given responsibility to publish draft proposals of "access lands", and any owner could appeal against the inclusion of their land to An Bord Pleanála.
Access paths to uplands would be provided by local authorities, which would be obliged to provide off-road car parks, pathways, stiles and gates, following negotiation with the landowner.
No money would be paid in compensation to the owners of access land, and in turn no owners would be exposed to claims from walkers or others who suffer accidental injury on access land.
The Bill provides for the establishment by the Minister for the Environment of an Access to the Countryside Advisory Council, which would publish an Amenity Lands Access Programme every six years.
Labour party TD Ruairí Quinn said at the launch of the Bill yesterday that access to the countryside for recreational walks had become a major problem in recent years, with no clear status as to what land is accessible or what the rights of way are from the public road to uplands where recreational walkers want to go.
"As a result there have been a number of stand-off confrontations and disputes between walkers and landowners.
"With very few formal rights of way in existence, access to privately-owned land has traditionally been informally tolerated. This is no longer the case."
Mr Quinn said recreational walking could contribute significantly to the rural economy, but the potential for rural tourism was being blocked by the legal uncertainty surrounding the issues of access.
He said if in government after the next election, Labour would be seeking to have the legislation passed. However, he stressed that the party would be open to any amendments.
Mr Quinn said the party did not consult farm organisations about the proposed Bill.
Last night, IFA hill-farming committee chairman Neilie O'Leary said the draft Bill was a clear contravention of property rights and would have wider implications for property ownership throughout the State. It was "tantamount to nationalisation".
"I'm particularly disgusted by the Labour Party's attempts to trample on the livelihoods of hill farmers by trespassing on their property, which in many cases is their sole source of income.
"I would like to see Ruairí Quinn legislate for public access to his front garden on Sandymount Green, or Liz McManus for her front garden on the seafront in Bray."
ICMSA president Jackie Cahill said the Labour Party proposal was unconstitutional and the Irish courts have ruled many times on this issue. In recent times there has been a High Court ruling that there was no right in Irish law to walk over private land.
"All citizens, whether landowners or other property owners, should be ever-vigilant to resist any attempt to effectively nationalise private property."
The Keep Ireland Open group, a national campaign body for access to the countryside, welcomed the initiative. It said it was an important step in bringing Ireland into line with other European countries, where freedom to roam has been the norm for decades.
COUNTRYSIDE BILL: main points
• Designating all land 150m above sea level as "public access lands"
• Indemnifying landowners against injury or accidents on their land
• The provision of access routes to "access lands"
• The provision of amenities to be paid for and provided by local authorities
• The establishment of an Access to the Countryside Advisory Council