Farming bodies block open access to land

Opposition to a report recommending that recreational access be allowed to
farm land is not coming from land owners but from farming leaders, an
organisation campaigning for land access said yesterday.
"The vast majority of farmers have no problem [with people walking on their
land] and this opposition seems to be led by farmer's leaders," Jackie Rumley,
president of Keep Ireland Open, said. "Most farmers assist walkers and the
term 'Ireland of the welcomes' came from the friendly attitudes of rural people
to visitors."
These comments came following the publication of a report by a legal expert
group established by Minister for Community, Rural and Gaeltacht Affairs
Éamon Ó Cuív. The report said 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".
It also said "minor interference" to allow people to enjoy land may be imposed
for the benefit of the people of Ireland.
Farmers groups have criticised the report, with the Irish Farmers' Association
saying the recommendations fail to recognise property rights enshrined in the
Constitution.ഊThe Irish Creamery Milk Suppliers' Association has warned that if the
Government attempts to force farmers to give up property rights, it will lead to
a constitutional challenge. Fáilte Ireland said up to 300,000 people who
arrived in Ireland in 2005 on holiday went walking or hiking. These tourists
generated revenue of €200 million.

Steven Carroll
© 2007 The Irish Times

IFA says recreational land use report an 'assault on rights'

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