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[Press Release: January 26th, 2004] Occupiers Liability Act 1995 gives protection to farmers against hillwalkers say GreensThe Green Party has entered the ongoing debate about access for hillwalkers to farmer's lands by drawing attention to the Occupier's Liability Act 1995 . According to the Greens, this Act was introduced as part of a process of reforming the Occupiers Liability Act 1961, and involved consultation with the ICMSA, the IFA, county councils and recreational users. Green Party councillor, Deirdre de Burca claims that for the first time, this Act defines a 'recreational user' in law, whereas previously these people were regarded as trespassers. She points out that this Act also clarifies that there is a 'voluntary assumption of risk' on the part of hillwalkers if they walk across a farmer's land and get injured. The only exception to this situation is a case where a 'reckless disregard' is shown by the farmer towards recreational users - for example where a farmer fails to erect signs warning of dangerous machinery in the area."Since this Act was introduced only one legal action against a farmer has been successfully taken" says de Burca. "This was in Donegal about six months ago and the case is being appealed at present to the Supreme Court". Councillor de Burca believes that farmers and hillwalkers must co-operate with one another to try to resolve the issue of access to land for recreational purposes. She points to the example of the Wicklow Uplands Council which she claims provides an excellent mediation service, bringing landowners and recreational users together to solve difficulties which arise. "The core issue really is trust and a willingness between various parties to co-operate and possibly reach a compromise" says de Burca. "No one is suggesting that a farmer should have to tolerate unlimited access to his land or any threat to his means of earning a livelihood. But where established walkways exist, and hillwalkers are prepared to treat the farmers property with respect, I believe that the Occupier's Liability Act 1995 gives enough protection to the farmer to allow others to access his land."
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