Madam, - Methinks Pat O'Rourke, President of the Irish Creamery and Milk Suppliers Association doth protest too much (April 21st).
I can assure Mr O'Rourke and your readers that Keep Ireland Open is well informed on this issue. We do not take it lightly and we realise that farmers, like all businesses and property owners, need protection from claims.
The Occupiers Liability Act 1995 was enacted to remove, as far as possible, the duty of care to recreational users. The only basis for a successful claim is evidence of "reckless disregard" on the part of the landowner. In the nine years since the Act has been in existence, it appears that there has been only one case decided by the courts in favour of claimants. This, we believe, is under appeal.
The issue of occupier's liability has been touted by farmers' organisations as an excuse for not engaging in discussions on a legislative framework to permit reasonable access to the countryside. A large insurance company which specialises in farmers' insurance has advised me that every farmer should have public liability cover, not just to cover possible claims by walkers, but other claimants such as a motorist whose car has been damaged colliding with cattle. The company indicated that an a typical premium would be between €100 and €200.
Let's get real, Mr O'Rourke. The real reasons for denial of access lie elsewhere. - Yours, etc.,
ROGER GARLAND, Keep Ireland Open Butterfield Drive Dublin 14.
Madam, - Pat O'Rourke, president of the ICMSA, certainly shows himself to be a rambler, at least in print, if his lengthy letter of April 21st is anything to go by. However he is so misguided that one would need to be very cautious about following him.
What most hill walkers would settle for is freedom to roam over the 7 per cent of the country that is in rough grazing, together with restricted rights of way to reach such areas.
Any walkers enjoying such rights (which are normal all over Western Europe) would be defined by the Occupiers' Liability Act 1995 as recreational users. Landowners would therefore have only minimal duty of care towards them.
In the past 10 years Ireland has suffered a drop of over one-third in the numbers of walking tourists and Fáilte Ireland has identified the principal cause as lack of access to the countryside.
Before destroying the rest of walking tourism, and indeed causing even native walkers to go abroad, Mr O'Rourke will really have to come up with a better reason than a completely irrational fear of compensation claims. - Yours etc.,
DAVID HERMAN, Meadow Grove, Dublin 16.