small step in the right direction
THE news that
Minister for State for the Environment Ciaran Cuffe is to require
local councils to list public rights-of-way is to be welcomed.
It is, however,
but a very small step on a long journey towards the kind of modern
legislative framework protecting public access to the landscape which
is currently enjoyed by almost every other civilised nation.
rights-of-way nationally have enjoyed virtually no protection since
the Planning Act 2000 let councils off the hook by no longer requiring
them to even list, let alone preserve, and protect traditional walking
routes. This law has resulted in virtually no actions being taken
against those who block and eradicate such routes. Only the actions of
courageous individuals, such as those involved in the disputes over
access in the Glencree Valley, has saved further erosion of walking
modest proposed amendment has three glaring failings. Firstly, it will
still be up to local authorities to decide which putative public
rights-of-way should be listed following representations from the
public. This will give officials an enormous ‘out’ as they will,
as before, shy away from any route which is likely to provoke a legal
is a manifest reluctance on the part of most councillors to show any
willingness to protect public access because they themselves are
farmers, developers or are depending on such groups for support. This
means that they are singularly unsuited to do this job. A better plan
would have been to set up a robust national commission to list not
only rights-of-way with all their attendant complications, but also
access routes to lakes, rivers, seashores and national monuments. This
would have taken the responsibility away from county councils,
ensuring a more realistic level of protection.
Thirdly, it is
important to remember that simply listing rights-of-way will do
nothing for the right to roam over rough grazing landwhere there is no
reform is needed than that proposed by Ciaran Cuffe. We shall continue
to fight for it. Please continue to support us.
New planning Bill puts onus on
THE law will be changed so
as to require local authorities to list and protect public
rights-of-way, Minister for State for the Environment Ciaran Cuffe has
The new rules requiring
local authorities to list rights-of-way has been proposed as a
ministerial amendment to the Planning Bill currently before the Dail.
The Bill is expected to become law before the Oireachtas takes its
three-month Summer break.
The promised amendment
will seek to plug a glaring gap in the 2000 Planning Act which merely
requires that local authorities "may" list public
rights-of-way but does not require them to do so.
This loophole had the
predictable result of enabling most local authorities to shirk any
responsibility for public access. Since no other body has
responsibility for protecting walking routes, the 2000 Act has proved
Only one local council,
Dun Laoghaire-Rathdown, has even attempted to create and publicise a
list of protected public access routes. None of the others has
bothered to identify routes for protection.
However, Mr Cuffe concedes
that even after the law changes, it will be up to the councils to
decide what routes to list. This will inevitably mean that they will
shy away from registering those which might be disputed by landowners.
A number of councils,
including Wicklow County Council, abandoned plans for listings after
the farming Irish Farming Association launched a co-ordinated campaign
to object to virtually every single route.
The IFA made it plain at
the time that they would be seeking government funding for farmers
with walking routes over their land.
It is not yet known how
the farming organisations will respond to the planned amendment but
there is growing evidence that they have come to accept that there
will be no payment for access.
fine mess . . .
Lissadell House: €6m proof
that our access laws need a total overhaul
IF you want irrefutable
evidence that Irish access law is a mess which needs a radical
overhaul, look no further than the marathon Lissadell House case.
Judge Bryan McMahon has reserved judgment after the 58-day action in
the High Court. No date has been given for his long-awaited ruling.
Costs in the case, where Sligo County Council has sought to establish
four rights-of-way across the historic estate, are now estimated to
exceed €6 million. That’s half as much again as the €4 million
that the owners, barristers Constance Cassidy SC and Ed Walsh SC, paid
for the historic mansion and 410 acres of land in 2003.The central
problem in the dispute arises out of the lack of clarity as to what
constitutes a public right of way, how it can be established and what
rights it confers. There are as many views as there are barristers in
the Law Library and most of the legal argument evolves around 17th,
18th and 19th Century English law.
Why? Because no Irish
government has ever bothered to update the statutes. Who loses? That
depends on Judge McMahon’s decision. However, the government’s
failure to address the need for sensible clear laws over access could
land the already hard-pressed taxpayer, via the Sligo ratepayer, with
yet another huge and unnecessary bill.
pilgrim Olivia sees the light
Olivia O’Leary pulled no punches when she compared the lack of
facilities and luke-warm welcome for walkers in Ireland with that of
Spain in a recent ‘Drive Time’ slot on RTE Radio One.
Describing the delights of
walking through the Galician countryside on a walking holiday she had
just enjoyed on the Camino de Santiago, Olivia marvelled at how
welcome she had felt there and described her passage through ploughed
fields and along bridle paths, which gave "a real sense of
touching the country; of seeing and meeting people about their
ordinary tasks – milking the cows, weeding the maize fields, cutting
the silage, watering the vegetable patch.
"Almost everybody we
met was Galician and well used to people walking through their
farmyard or tiny hamlet. And I thought: ‘Why can’t we do this? Our
country was made for walking. We have the countryside, the deep green
woods, the soft hills, the bridle paths. We have vast areas owned by
the State – by Coillte, by Waterways Ireland, by the National Parks
and Wildlife Service, by the ESB, by the OPW, by Bord na Mona."
Referring to the scheme
here under which farmers are paid by the State to maintain stiles and
paths, she adds: "That they should have to be paid for something
that benefits the whole local economy is a scandal but it reflects
something that is evident right through the Irish tourist industry -
what an expert in Bord Failte wearily refers to as ‘a determination
to remain fragmented’.
"Because what was
evident in Galicia compared to here was a co-ordinated approach.
Walkers were catered for every step of the way. Superb but discreet
signposting; when following the highway, hedges shielding us from the
traffic; little unattended stalls in the woods with fruit and honesty
boxes for payment; cafes in every hamlet and albergos and hostels and
hotels with special rates for walkers. Every town had a shop with
walking gear. Great.
"Here (in Ireland)
there is little co-ordination or evidence that the country takes
tourists seriously. State agencies who control wild and beautiful
places behave as though the public has no right to be there. Coillte
in particular seem to regard themselves as tree-farmers and the public
as a nuisance. Other agencies regard their role as preserving and
conserving, all of which is vital. But this is the taxpayers’
treasure too and it has to be shared for all our good."
Olivia went on to bemoan
the fact that maps for walking are often hard to find in Irish towns.
She attacked the use of garish and inappropriate signage and the fact
that so many of our hotels and B&Bs are not equipped to cater for
or even advise walkers.
"At a time when
multinational manufacturing jobs and service jobs are disappearing
overseas, tourism is something that we can do for ourselves and it
creates jobs and foreign earnings and we are getting cheaper and we
are getting much too poor to be posh."
Amen to all of that,
Desecration at the Abbey
By Fergal McLoughlin
Part of Kylemore Lake in Connemara has been fenced
KYLEMORE Abbey in Connemara is one of the most
beautiful and renowned spots in Ireland. Set among the majesty of the
Twelve Bens and beside the shimmering waters of Kylemore Lake, it is
described in the Kylemore website as " the No.1 tourist
attraction in the West of Ireland", with "woodland walks and
scenic photographic opportunities".
My wife Judy and I were staying in Connemara in April,
and we decided to visit Kylemore Abbey and enjoy a walk. We started
from what is known as Kylemore village on the Inagh side of Kylemore
Lake. The Ordnance Survey map shows a path which runs from the village
along the lakeside, leading to the N59 and on to to Kylemore Abbey - a
distance of about 8 miles.
We parked the car near the start of the Kylemore River
and began the walk in bright sunshine in the most stunning scenery.
"Where on earth would you get a better place to walk?" was
our mutual sentiment as we set out along the path to the lake. The
rough path climbed upwards past a few farmhouses.
Our joy was short-lived. 300 metres into the walk, we
were confronted by a fence topped with barbed wire and a notice
saying" PRIVATE - STRICTLY NO ENTRY".
I was not unduly surprised to see this, having been
confronted by similar signs in Ireland. However Judy was gob-smacked.
She could not comprehend that this incredibly beautiful route was
blocked. "What’ll we do?" she asked. I was all on for
going ahead. In fact I quite relished the prospect of meeting the
person who had the audacity to put up the sign. However, Judy was
quite terrified at the thought of proceeding further. Earlier we had
passed a house with barking dogs locked in cages. "What if they
set the dogs on us?" asked Judy.
Discretion being the better part of valour, we decided
to seek the advice of a local man we had seen earlier on the walk. A
lovely gentle man, he said: "Sure I do tell people to take no
notice of that oul’ sign. Go on ahead." He invited us in for a
cup of tea and told us that the path was the old road from the village
to Kylemore Abbey. The person who put up the sign owned only a part of
the path, and he lived in Renvyle - 15 miles away. He also said that
in recent times the number of people walking the path had dropped
considerably. Little wonder!
So off we set again, Judy happy in the knowledge that
she would not be savaged by dogs. The scenery by now was utterly
spectacular. A mile further on we came across a second more
pronounced, more aggressive sign on a gate:" PRIVATE PROPERTY –
STRICTLY NO ENTRY – KEEP OUT".
We ignored the sign and kept on, Judy’s blood now
boiling. " I’d love to meet that b.....! How dare he stop me
walking on the ground of Ireland?"
We walked on along the lakeshore, the prospect of
coffee at the Kylemore cafe becoming more attractive. We knew the
little causeway between Kylemore Lake and Pollacoppul Lough which led
onto the N59, Kylemore Abbey and coffee. But no way! This time it
really was a case of thou shalt not pass. At the other side of the
causeway was a newly-erected, massive, black security
On either side of the causeway were steel poles with
mesh wire - in case anyone dared climb the gate. Behind it was a
two-storey white house which used to be a guest house – the gates
presumably erected by the present owner.
Further progress was impossible. What was doubly
annoying was the realisation that it is now impossible for walkers to
gain access to the lake walk from the N59 – it is blocked by the
impenetrable, ugly, black gates of the causeway. This means that the
only way to walk around the lake is on the N59 – an extremely busy
road, especially at peak tourist times.
And so we turned back, feeling totally frustrated.
"Ireland of the Welcomes" indeed!
Fergal McLoughlin is a Keep Ireland Open committee
Ireland back in the dock over
failure to act on fencing ruling
THE European Court of Justice has opened hearings in a
case against the Irish government which could have huge implications
for planning laws and particularly for the continued existence of
unsightly fencing which blocks public access around the country.
The case has come about thanks to KIO’s successful
submission to the Commission to the effect that local authorities are
failing to protect the visual environment by flouting EU regulations
requiring proper environmental impact assessments before planning
decisions are made.
In November, 2008 the ECJ ruled that Ireland was in
breach of EU Directive 85/337 because local authorities were granting
widespread permissions for fencing and other structures without the
The ruling held that local authorities are wrong to
claim they have discretion over whether or not to consider
environmental impact statements before considering planning
Since the original ruling nearly two years ago Ireland
has failed to show how it intends to implement the court’s ruling. A
further ruling against the government in the present case could lead
to the Irish government – and that means you, the taxpayer - being
loaded with huge costs and further litigation arising from their
having sanctioned developments in a manner contrary to EU law.
KIO’s involvement in the case, which represents a
significant victory for our Western Branch, arose out of our growing
anger at the way so much of the country has been rendered inaccessible
by unnecessary and unsightly fencing. Under the 2000 Planning Act
fences in areas traditionally open are subject to planning permission
but this law is observed more in breach than observance. Even where
planning permission was sought, proper environmental assessment has
been a rarity.
We will keep our eye on events in the European Court.
See future newsletters for details.
KIO helps judge call a halt to land grab on historic
A FARMER who tried to fence off more than 50 acres of
commonage land for his own use has been made to take his fence down by
a District Court Judge.
Judge Michael Connellan also ordered farmer Richard
Redden to pay €2,500 of Wicklow County Council’s costs even though
he had complied with the court’s order.
Redden had made his land grab on Ballyremon Common on
the East side of the Old Long Hill near Enniskerry.
KIO played a substantial part in the case. We helped
the other seven commonage holders to make a case to Wicklow County
Council to the effect that Redden had erected the fence without the
necessary planning permission.
Initially the council had opted not to take action but
when they received the sworn affidavits we had gathered from walkers,
cyclists, paragliders and horseriders who felt their use of the
commons was adversely affected by the fence they changed their minds
and took Redden to court.
The case represents a rare case where KIO has made
common cause with the IFA as the problem was brought to our attention
by Wicklow IFA representative Michael Keegan.
Long old road to justice
THE long-running High Court case over a vital walking
route in the Glencree Valley in Co Wicklow has been delayed yet again.
Counsel for landowner Joe Walker had held the
proceedings up for six months while they argued that a hearing could
not go ahead unless the defendants, two members of the Enniskerry
Walking Association, enjoined the Attorney General to their case.
In mid-June they dropped this demand. However, the
case, in which the wealthy landowner and businessman is suing the
walkers for insisting that a public right-of-way runs over an old road
across his land, is now unlikely to get a full hearing before the
The Irish Ramblers, An Oige and several other walking
groups are scheduled to give evidence in the case, which could run for
up to a week and has already incurred substantial costs.
Access officers – the names you need to know
WHEN you run into an access problem, your first port
of call should be to your local Rural Recreation
Officer. He or she will be grateful for any updates regarding
access and will usually approach the landowner in question to see if
there is a problem which can be solved.
Here is a list of the current RROs:
Ann Lannigan (tel: 057 8661900 or 086 8447338; email firstname.lastname@example.org);
Deirdre Kennedy (tel: 071 9141138, Fax 071 9141162;
Martin Dunn (tel: 0906 488292; email email@example.com);
Maria Munckhof (tel: 066 9472724 -064 41930; mobile:
087 2957780; email: firstname.lastname@example.org;
Con Ryan (tel: 062 33360; mobile 087 0556465; email: email@example.com;
James O’Mahoney (tel: 023 34035; mobiles 0870556465
and 0870556465); email: firstname.lastname@example.org;
Pat Mellon (tel: 0404 46977; mobile 087 7888188)
Thomás Mac Gearailt (tel: 091 593410/091 523945;
mobile: 087 0521339) email: email@example.com;
Tom Carolan (tel: 094 9366692; mobile: 087 2196930)
Eimear McCarthy (tel: 094 9366692; mobile: 086
0495041); email: firstname.lastname@example.org
Published by Keep Ireland Open. KIO is an
environmental organisation dedicated to preserving public access to
our mountains, lakes, seashore and countryside.