To open up the countryside for walkers, we need to reconcile the interests of walkers and farmers, write Adrian Phillips and Joss Lynam.
Publicity has been given recently to the conflict and economic loss arising from prevention of access for walking, particularly in the west of Ireland. Though walking has been the fastest growing sector in our tourism, recently there has been a significant drop in numbers of people visiting Ireland for these activities. Problems of access have been one of the contributory factors.
It is essential to understand underlying driving forces behind this problem rather than resorting to confrontation, legal actions against landowners or attempts to impose a right of freedom to roam, either in the Constitution or in legislation. These responses only make a bad situation worse at a time when agriculture is unable to sustain rural communities that are guardians of the landscape.
The diversity and outstanding quality of the Irish landscape is a major natural resource. During 2000, over 250,000 visitors came here to walk, spending some €139 million. Such an important economic resource needs skilful management to be sustainable. Very little of the €139 million has reached landowners, particularly on small farms in western Ireland.
Comparisons with the situation in other European countries, from which many walkers come, must take into account the different constitutional, legal, cultural and historical context of land ownership in Ireland. In particular that our Constitution permits access to private property only with the permission of the landowner.
In England and Wales, the recent "Right to Roam" legislation promised the right to roam in four million acres, but as registration, mapping and local committee action progress very slowly, the legislation may well reduce access. Such "top-down" legislation would probably provoke fierce resistance from many Irish landowners.
Though access in Scotland to the mountains and moorlands is mostly free, apart from during the game season, their uplands are composed of very large estates quite unlike the small hill farms of the west of Ireland. In the Republic of Ireland, a recent court case in Donegal awarded €85,000 to an individual who was seriously injured on privately-owned property. This judgment is being appealed, as it seems at variance with the Occupiers Liability Act 1995 which confers liability on the walker.
Until this potential threat to landowners is removed, either through the courts or by further legislation, it is unlikely that access problems will be resolved. Other contributing factors have been the lack of financial benefit for allowing access to the growing numbers of profit-making walking tour operators and other walkers, damage to gates and fences, path erosion, problems caused by dogs, and confrontation arising from ignorance of farming as well as of the several available countryside codes.
The recent ending of payments within the REPS scheme to farmers who provide access has not helped. A positive feature is the continuing work of Coillte and the Forest Service in promoting access routes for walkers.
In 1996, the Irish Uplands Forum, funded by the Forest Service and the Heritage Council, was formed to promote sustainable development in the uplands through establishing local partnerships. The forum consists of representatives from local communities, farming, recreational and State organisations concerned with sustainability in rural areas.
The forum promotes discussion, learning and resolution of conflicts between the various users of the uplands for agriculture, forestry, recreation and nature conservation. It organises conferences and study visits.
The forum assisted the establishment of the Wicklow Uplands Council, which has been very successful in ensuring that access has not become a major problem in the Wicklow uplands, despite the very large numbers of people using the uplands as a free recreational resource. Without the support of the Heritage Council and local authorities, the Wicklow Uplands Council would never have survived.
Recently the forum has helped to establish a new partnership in the Sligo-Leitrim area which is actively trying to resolve local access conflicts and promote eco-tourism. The role of these partnerships is to promote sustainable development, including provision of access to the uplands through a consensus approach between all interested parties. This approach takes time but is clearly the best long-term strategy.
Setting up partnerships may be the long-term solution, but more short-term measures are urgently needed. Immediate action should involve:
A "tax easement" scheme, similar to that allowed for owners of historic houses who open their property to the public, should be provided for landowners who permit access paths across their land. The easement must be in a form that small farms with low incomes and tax liabilities can benefit. To qualify for this easement, landowners should produce evidence of a significant or potential demand for such access.
Landowners providing fenced paths through their land should have the public liability insurance for them covered by the local authority, and maintenance of paths by landowners should be paid for through the local authority.
Bord Fáilte should provide maps on their website giving details of the location and attractions of all agreed long distance and local walking routes. They should inform visitors that all land is private property and should be treated as such. They should also advise and facilitate commercial walking tour operators in how to reach agreement with landowners over whose land they intend to lead walks.
Copies of an integrated countryside code should be provided to all walking tour operators and accommodation providers.
A national funding scheme for area-based partnerships focusing on sustainable development in the uplands, including walking access, should be established.
If these measures are implemented and the longer term task of establishing local partnerships is supported with adequate funding, then access to our countryside can become a major economic resource for rural Ireland.
Adrian Phillips is chairman and Joss Lynam vice-chairman of the Irish Uplands Forum.