Madam, - The article by John O'Dwyer in your edition of November 19th regarding walkers and farmers is - whether intentional or not - grossly misleading. While some progress has been made with regard to a scheme for the maintenance of walkways, the key issue of property rights and liability have yet to be resolved. This is essential if an overall solution to the question of access to land for recreational purposes is to be found.
In the absence of such a resolution, we will continue to have confusion and cross-purposes. For instance, Mr O'Dwyer's comment that there is no constitutional impediment to crossing private land with or without the owner's consent and his attribution of this purported statement of law to a report commissioned by Minister O Cúiv is completely wrong. In law, there is no right to go on to another person's land as trespass is unlawful in Ireland and the High Court has clearly established that there is no "right to roam" in Ireland. Every party to this question must guard against the temptation to project wishes as fact.
Following detailed proposals from the ICMSA and resultant exchanges with Minister O Cúiv on this very question, Comhairle na Tuaithe established a working group on legal issues that will examine the need to establish full legal protection for property rights and liability in the context of land being accessed for recreational use.
I would hope that Mr O'Dwyer's article does not represent the views of hill-walking groups. The somewhat cavalier approach expounded by this gentleman in connection with the property rights of farmers is singularly unhelpful and comprises the main cause of farmer caution in this affair. Put bluntly, every time an article such as this (or one similar) appears another 100 farmers erect "Keep Out" signs.
While the ICMSA will engage with any and all regarding access, the starting point for any such engagement must be the acceptance of farmers' property rights and likewise the recognition that farmers must be completely exonerated from any liability in connection with access to land. No-one can suggest that either premise is unreasonable or meaningless.
I hope that the consensus that may now be emerging will develop fully. But that welcome state can only be achieved through a rational debate and publicly demonstrated respect for farmers and their full property rights. - Yours, etc,
CIARAN DOLAN, General Secretary, Irish Creamery Milk Suppliers Association (ICMSA), Dublin Road, Limerick.