A Government-commissioned report has suggested that the State can legislate to allow for access to land for recreational purposes without giving landowners a right to seek compensation.
The report was last night described as "an outrageous assault on property rights" by the Irish Farmers' Association which said its recommendations were "tantamount to nationalisation".
The report on legal issues of land access for recreational use found that while the Constitution recognised the natural right to private ownership of property, the State "may delimit by law the exercise of private property rights with a view to reconciling their exercise with the exigencies of the common good".
The report said "minor interference" to allow people to enjoy land or other property may be imposed for the benefit of the people of Ireland "without triggering a requirement to pay compensation."
However, the report - carried out by a legal expert group established by Minister for Community, Rural and Gaeltacht Affairs Eamon Ó Cuív - added it would be inappropriate for the legislation to permit a right to roam near dwelling houses, over land being cultivated for crops or where damage could be caused to immature forest.
The report said there there was "no case for payment of compensation" merely because a statutory scheme "permits members of the public to enter on to lands capable of being enjoyed for recreational purposes".
It said the mere fact that the public was given a statutory right to walk on mountains or fields or use agricultural laneways which were already in existence and which were designed to give access to the sea, mountains, forests or fields, should not carry with it a right of the landowners for compensation.
The 37-page document and its findings have been forwarded to Comhairle na Tuaithe, the countryside council, for its consideration.
IFA president Pádraig Walshe said the proposal to legislate for access to the countryside was a clear contravention of property rights and would have wider implications for property ownership throughout the State.
"I was astonished to see the expert group describe ownership of property as a 'concept'. It fails to recognise Article 43.2 that says: 'The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath and inherit property'," he added.
"The recommendation is tantamount to nationalisation and I'm amazed by the presumption of rights of access over private property. I'm particularly disgusted by the attempts to trample on the livelihoods of hill farmers by trespassing on their property, which in many cases is their sole source of income.
"The introduction of legislation is unnecessary as the establishment of walks are best done through negotiations and incentives," said Mr Walshe.
Seán Mac Connell
© 2007 The Irish Times
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