Landowners will have to be indemnified from third-party legal claims, and property rights will need to be fully protected, before farmers can engage with initiatives involving access to lands, the ICMSA has warned.

A public consultation seeking the views of stakeholders and the public to inform the Government’s new National Outdoor Recreation Strategy was launched recently by the Minister for Rural and Community Development, Heather Humphreys.

However, the ICMSA’s Denis Drennan insisted that the issue of landowner liability in the event of a legal claim must be addressed as a priority.

He said successive Governments had side-stepped the question in the past and left landowners “unacceptably and unfairly exposed”.

“We can have consultation after consultation but until such time as landowners get acceptable and cast-iron guarantees in relation to their rights and in relation to indemnification issues, you cannot expect them to expose themselves from a legal perspective,” Mr Drennan said.

“Full indemnification is simply a pre-requisite for land access, along with the protection of property rights.

“Many landowners are willing to allow access to their lands but until the Government fairly and correctly addresses these issues, you cannot expect landowners to engage in further initiatives.

“Such projects should only move forward with the voluntary agreement of the farmer in question protecting their rights as a landowner and from a liability perspective.”

 

Activities

The new National Outdoor Recreation Strategy, which is being developed by Comhairle na Tuaithe (the Countryside Council), deals with activities that take place in the natural environment, such as walking, canoeing and wild swimming.

A questionnaire to be filled out by interested parties forms the first part of the consultation process. It seeks stakeholder views on a number of issues, including “access to private and public land” and solutions for landowners regarding “liability concerns”.

The Comhairle na Tuaithe document states that the organisation is keen to understand what is important to stakeholders, get their ideas on potential solutions and identify any areas have been overlooked.

The consultation will be a two-stage process.

Access to farmlands and uplands remains an extremely contentious issue, with landowners fearful
that they remain legally liable in the case of accidents or incidents with farm animals.