Newsletter No. 19 : May 2003
Editorial
Access to long distance routes. The government is at long last
prepared to consider that there is a problem in access to the
countryside. It has appointed Mr O'Cuiv, the Minister for Rural Affairs,
to head a group to examine the issue of 'access to walkways'. There are
several disappointing aspects to all this. Firstly it is not the
Minister of Tourism Mr O'Donoghue, who is involved, as one might expect.
Secondly 'access to walkways' (presumably meaning the continued free
passage on the long distance routes) is the only issue of access to be
considered, this following threats by farmers to block the routes for
reasons unrelated to walkers. You will of course know that the issue is
far wider than that. And lastly 'a community solution' is considered the
best way forward. We are all in favour of community solutions, but since
they failed in an in formal setting all down the west coast, what hope
of them now? No, this is too little and too feeble. How long will it
take the Minister, to realise that a much more far-reaching agenda is
urgently needed and the all too gentle approach of voluntary effort
needs to be backed up with legislation. The present approach is yet more
carrot, no sign of stick and we will be telling the group just that.
The Old Head of Kinsale is lost
The right of the owners to block of the Old Head of Kinsale has been
vindicated by the Supreme Court. This is a most serious development
which has implications for many other scenic routes which generations of
walkers and strollers thought they had 'a traditional right' to walk. If
this can be lost what path is unchallengeable given a particularly
determined landowner? The proximate cause of this judgement was that the
path was not listed in Cork's Development Plan. However no path was, and
this very deliberate omission applies to practically all counties. Until
county councils are forced to include rights of way (and defend them
against the landowners concerned), and not merely given the right to
include them, we can expect such outcomes.
Occupiers' Liability Act
Bombshell.
A High Court judgement handed down in March, if not overturned by the
Supreme Court, could have the most serious ramifications for walkers in
the countryside. AA woman in Donegal crossed a broken-down fence to
enjoy the sunset , slipped and fell over the cliff. She was found to be
25 percent responsible and was awarded over €84,000 from the landowner.
How this squares with the principles of the 1995 Occupiers' Liability
Act , which exonerates landowners except in the case of their 'reckless
disregard' we do not profess to know. However it would not be
unreasonable, if this judgement is upheld, for landowners to block off
large sections of the countryside close to roads and within reach of a
hazard of any nature.
EU Petitions Committee
We have just heard from Europe that our petition on the fencing of
upland areas is an admissible petition. We are very pleased that we have
successfully overcome the first hurdle in this on-going campaign.
Thanks
Many thanks to Louis Boden (Graphic Designer) for the new logo and
stationary headings. Also, to Ron Ennis for the invitations to the
information meeting.
Review of Private Property Rights
What's this got to do with KIO, you may be thinking. Plenty, as it
turns out. The All-Party Oireachtas Committee on the Constitution has
invited submissions on Articles 40.3.2 and 43, the articles concerned
with the above rights. These articles have been frequently quoted by
those who want to preserve the highly unsatisfactory status quo as the
reason why the law cannot be changed to facilitate freedom to roam.
Nonetheless among other topics on which the Committee wishes to have
written submissions is 'access to the countryside', so evidently the
Committee do not necessarily agree with those pundits. You can be sure
that KIO will be making a submission. If you wish to do so contact the
above Committee at Fourth Floor, Phoenix House, 7-9 South Leinster
Street, Dublin 2. (e-mail: info@apocc.irl.gov.ie) . Written submissions
should be made by 31st May.
Rights of Way in Dun Laoghaire-Rathdown
Though the matter is far from resolved, Dun Laoghaire-Rathdown
council is moving towards including the listing of rights of way in its
Development Plan, many of which were suggested by KIO. We have to
maintain a cautious optimism on this as there is a long way to go. At
least two other councils, Dublin South and Wicklow are reported to be
watching this development with interest.
Other Planning Matters
KIO has made submissions to South and North Tipperary, Offaly, Kerry,
Wicklow, South Dublin and Mayo Development Plans, in each case,
emphasising the importance of including lists of presumed rights of way
in the Plan.
Wicklow Uplands Council
KIO's current representative on the Council, Frank Winder, has
resigned. We have proposed Michael Carroll in his place. A meeting with
the Property and Landowners committee of WUC has also been arranged to
discuss access to the countryside.
Meeting with Bord Fáilte (BFE)
Following on from the information which we received under the Freedom
of Information Act that BFE are far more worried about access than their
bland statements suggest, KIO had a meeting with Paddy O'Mahony, a
leading BFE official. He confirmed the importance of walking tourism and
stated that it was BFE's intention to raise the issue of access in
discussions with the government and elsewhere. He also elaborated on
Minister O'Cuiv's action on the matter (see elsewhere in this
edition).
Tourism Policy Review
KIO, Western Branch, has made a detailed submission to a Policy
Review set up by the Minister for Tourism, Mr John O'Donoghue. The
Minister has set up a Review Group to identify a strategy for the
sustainable development of tourism in Ireland and to formulate
recommendations. Our submission concentrated on increasingly restricted
access to the countryside in Ireland, the proliferation of unsightly
fencing and on the uncooperative and even hostile attitude of some
farmers and of both major farming organisations to those wishing to
access the countryside.
Council removes illegal fencing in Dingle
At the request of local walking groups, Kerry County Council has
removed illegal fencing in the Dingle area. This is quite a significant
development which is to be welcomed by hill walkers and recreational
users.
The Media
The Irish Times in its issue of March 1st a half page article
entitled 'The Forbidden Countryside'. The article mentioned that 60% of
tourists listed walking as one of the main reasons for coming to Ireland
and went on to detail farmer's grievances following the cutting off of
EU grants to allow access to the long distance walks. (While we freely
acknowledge that this must be pretty galling for the farmers concerned
the concept of paying for access and nothing more is not accepted
anywhere else in the EU.) The Minister, Mr O'Cuiv, if reported
correctly, referred to 'traditional rights of way' and the concept of
open access to the countryside'. Both of these comforting concepts are
of course virtually non-existent on the ground and this fact was the
subject of a subsequent letter in the Irish Times from a KIO
member.
A letter from a German woman received a great deal of publicity in
the national media including RTE and Walking World Ireland. In her
letter she complained about the harassment she had received in various
parts of the West and how neither she nor her family intended to come to
Ireland again. The information we received from Bord Fáilte under the
Freedom of Information Act was quoted by Walking World Ireland in its
March/April 2003 edition. It stated that walking visitors want circular
routes, whether easy or challenging, to supplement the long distance
routes, which are at present the only type of walks with legal
protection (and even these are far from assured!). It congratulated Bord
Fáilte in instilling some urgency into the matter.
Also in the Irish Times on March 23rd Drapier's column had an article
on leadership which referred to the IFA which said : A relative in the
IFA, was scathing about the current leadership of that organisation " it
is as if the Taliban had taken over" to quote the boast of IFA president
John Dillon's supporters. "It is more like the leadership of the Dublin
regulated taxi-drivers, having disastrously lost that battle , has now
taken over the leadership of the countryside" and that is just the
point. . The countryside is the real resource, not fixed prices, quotas
and paperwork.
But as Drapier's man said, " instead of welcoming agri-tourism and
opening up the countryside, farmers with the tacit support of the IFA,
are demanding payment for access for walkers or else are closing down
traditional paths to upland commonage." ( a view reinforced in an
article in the Irish Times, page 2 on April 16th "Dispute may see
closure of rural walks").
The April edition of Consumer Choice had a well-researched
article on rights of way in which KIO was quoted and incidentally we got
some good coverage. Much of the article was irrelevant to our concerns,
though the Old Head of Kinsale access problem (see elsewhere in this
edition) was adverted to. We have followed this up with a letter
expanding on the local authorities' present inertia on the issue of
rights of way.
The Green Party spokesman on tourism, Paul Gogarty TD has stated that
a number of foreign travel companies offering walking holidays in
Ireland have pulled out of certain areas of the country because of the
rude and aggressive behaviour of a small segment of landowners (Irish
Times, 1st February). He stated that 'major problems about access to
land are arising every day'. He attempted unsuccessfully to raise the
problem in the Dail.
And meanwhile
elsewhere
Illegal Obstruction
Removed
Kate Ashbrook (Secretary Open Spaces Society UK) and the Ramblers
Association reopened Framfield footpath 9 on 10th February after 13
years of illegal obstruction and inaction by East Sussex County Council.
Following Kate's successful action against the Council in the Court of
Appeal the Council withdrew its diversion order and the way was clear to
reopen the path.

The photo shows Kate Ashbrook as she cuts the padlock on the
Framfield footpath 9. As she cut the wire Kate said "There is nothing
more satisfying than cutting barbed wire on a public footpath when the
path has been blocked by a particularly obnoxious landowner for 13
years. At last the path will be open, thanks to the thousands of walkers
who stood up for the public's rights.
Right to Roam Although much land in England and Wales is already
subject to the 'right to roam' a definitive list of 'mountain, moor,
heath or down and registered common land' is being drawn up and this
will form the basis for 'access land' in future. The consultation
process is due to be completed and maps published by Autumn 2005. In
Scotland, the Spring 2003 edition of the Rambler boasts that 'Scotland
now has one of the best arrangements in Europe for public access to land
and water for citizens and for its visitors'. The statutory right to
access will apply with limited exceptions for safety, conservation and
privacy. It sets down a presumption in favour of access to include
mountains, moorland, forests, farmland, coasts and river banks.
Enniskerry Guidebook We reported in our last edition that a voluntary
group in Enniskerry had run into severe difficulties because they had
published a book of walking routes in their area which had gone through
private land (this in spite of their efforts to avoid this pitfall). The
result was that some of the landowners concerned (not farmers, by the
way) are threatening to take the group to court. Since our last edition
they have had an inconclusive meeting with the Wicklow Uplands Forum but
the threat of legal action remains. The implications of all this for
potential guide book writers do not need to be spelt out.
Heritage Officers in the Countryside
We are
delighted to report that Heritage Officers have been appointed by
several local authorities with what we understand to be a brief on
rights of way and access issues. It remains to be seen how effective
they will be with the various issues that continually arise in the
countryside.
Listed
below is a full list of existing Heritage Officers which we are led to
believe will be increased to thirty six. Contact them if you have access
or rights of way problems in your area.
County
Council |
Telephone
No. |
Heritage
Officers |
Address
|
Carlow |
(0503)70300 |
Lorcan
Scott |
County
Buildings Athy Road Carlow |
Clare |
(065)6821616 |
Congella
Maguire |
New
Road Ennis Co. Clare. |
Cork |
(021)4276891 |
Sharon
Casey |
C/o
SWRA Inismore Ballincollig Co.Cork |
Galway |
(091)509000 |
Marie
Mannion |
Forward
Planning Section County Buildings Prospect Hill Galway.
|
Kerry |
(066)7121111 |
Una
Cosgrove |
Áras an
Chontae Tralee Co. Kerry |
Leitrim |
(078)20005 |
Bernie
Guest |
Governor
House Carrick - on - Shannon Co. Leitrim. |
Limerick |
(061)318477 |
Tom
O'Neill |
O'Connell
Street Limerick. |
Laois /
Offaly |
(0506)46800 |
Amanda
Pedlow |
C/o Offaly
County Council Courthouse Tullamore Co. Offaly.
|
Roscommon |
(0903)37100 |
Nollaig
McKeown |
Courthouse Roscommon. |
Sligo |
(071)56666 |
Siobhan
Ryan |
County
Development Centre Cleveragh Co. Sligo |
Tipperary
(NR) |
(067)31771 |
Siobhan
Geraghty |
Courthouse Nenagh Co. Tipperary. |
Tipperary
(SR) |
(052)25399 |
Brendan Mc
Sharry |
County
Hall Clonmel Co. Tipperary. |
Longford /
Westmeath |
(044)40861 |
Gerry
Clabby |
C/o Westmeath
Co Co County Buildings Mullingar Co. Westmeath.
|
Wicklow |
(0404)20100 |
Deirdre
Burns |
County
Offices Wicklow. |
|
|
|
|
City
Council |
Telephone
No |
Heritage
Officers |
Address |
Dublin |
(01) 6722222
|
Donncha O
Dulaing |
Civic
Offices Wood Quay Dublin 8. |
Galway |
(091)
536400 |
Jim
Higgins |
Town
Hall College Road Galway. |
KIO
Contacts
President -
Jackie Rumley 098-36144
Chairman -
Roger Garland 01-4934239
Secretary -
Michael Carroll 01-4943221
Membership
Secretary/Treasurer - Kitty Murphy 01 - 8378594
Minutes
Secretary - Patricia Hamilton 834 2054
Campaigner
- David Herman 01-2984821
Committee
Tony
O'Sullivan,01 837 4440
Frank
Winder. 01 497 0016,
Seamus Mac
Gearailt 01-2840322
Connaught:
Secretary - Michael Murphy 098 25068
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