Keep Ireland Open

LETTERS/EMAILS

November 2003 - Glencree Co Wicklow

On Sunday 23 November 2003, with a group of 22 walkers, I walked from Shop River over Ravens Rock to Prince William's Seat and back down the Wicklow Way. Just before reaching the Enniskerry/Glencree Road at the entrance to Curtlestown Wood we turned left, across a small stream at a derelict house. We went down the path from this old house to a junction with an old road. We planned to traverse this old road, on which trees are now growing, so as to reach the laneway, which runs down past the Pet Cemetery to the start of our walk at Shop River. As we approached the trees through which there is a track, we noted a large white sign affixed to the trees. There was a group of five people standing at the trees, effectively blocking our way. A gentleman asked us where we were going. We replied that we were going back to Shop River and he informed us he was the owner of the land and was denying access. I knew this man to be Mr. Joe Walker. We asked why, and he said it was private property and as the owner he had the right to deny access. I indicated that as far as I was concerned this was a right of way and that my understanding was that this was an ancient roadway. He said it was not and he was not allowing anyone to walk on this land. I told him I have been walking this roadway for almost sixty years, as a child walked and played in this area. Then as a teenager and later with my own children we have walked this area frequently. A conversation took place with various members of the group asking relevant questions but always being told we were not allowed access. He said he was not prepared to enter into discussions at that time but if we requested he would meet over a cup of coffee and discuss the situation. He indicated that because this walk was included in a local guidebook without his permission (written by "blow-ins", his words) he would have hoards walking on his land. However he had adopted this attitude long before this book was written. When he inherited the land he planted trees right down the middle of this route presumably in an endeavour to keep walkers away. (At least one, if not more, of the group with Mr. Walker blocking the way were "blow-ins"!!) His group were quite intimidating. One of the five was particularly menacing and could not be identified. He was dressed all in black, had a black hat, with a peak, pulled down as far as the top of his glasses and his black collar pulled up as far as the base of his glasses - thus none of his face could be seen and he stood in an intimidating manner all the time we were talking to Mr. Walker. Mr. Walker said that he had checked the legal situation and was perfectly within his rights to prevent us from walking on his land. He indicated that if we had an accident we would sue him. He said he was particularly concerned arising from a recent court case in Donegal, which he seems to believe, has had the effect of seriously reducing any protection to landowners afforded by the Occupiers Liability Act. He was not now prepared to allow anyone onto his land. However we said we had our own insurance but this made no difference. Mr. Walker indicated that if anyone attempted to pass they would be physically stopped. Mr. Walker also said he owned the ground as far as Ravens Rock from the Coillte forest boundary. So I said to him "Are you telling us we cannot walk to Ravens Rock" and he replied "Yes". A very disappointed group turned to walk along the track down to the public road. As we had not come up this track we had not seen that there was a homemade sign hanging across the top of the laneway marked "Private Keep Out". Last Friday, Sean, my husband, and myself walked this whole route. We were not accosted nor were there any signs visible anywhere on the route. I would be interested to have your comments.

Vera (Fox)

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26 November 2003 - Letter to Wicklow Co Co

Mr. David Sweetman Law Agent Wicklow County Council Wicklow Town

Re: Walking in Wicklow - Restriction by landowner Glencree Valley at Curtlestown

Dear David,

You will no doubt recollect from when we were colleagues in the C.I.E. Solicitors office the interest of my wife and I in hill walking activities. We belong to the Irish Ramblers Club and also to Na Coisithe whose current newsletter I attach. I put together this newsletter and also arrange our programme of walks and other activities. Both groups are affiliated to the Mountaineering Council of Ireland. Our members are appropriately insured through M.C.I. I have been walking in the Wicklow Mountains for most of my life, in excess of 50 years. It has been most enjoyable and, with God's grace, I hope to continue to do so as long as I can. During all those years my friends and I have encountered no hindrances at all anywhere in County Wicklow - until Sunday last. As you will see from the programme, Vera and I led a walk commencing at the Shop River bus terminus at Kilmolin, above Enniskerry on the road to Glencree. With our group of 23 persons we proceeded up the laneway past Kilmolin Nursery/Pet Cemetery, through the forest and, via Ravens Rock onto Prince Williams Seat mountaintop. We then joined the Wicklow Way and descended towards Curtlestown Wood car park. Before reaching it we turned left off the forest road, crossed a stream beside a ruined house and went down the old access track, which served this house. We joined another path, which ran at right angles with the intention of continuing back to the Kilmolin Nursery/Pet Cemetery laneway and to our cars at the Shop River bus terminus. A short distance along this track we were physically blocked from proceeding any further by a group of people, one of whom introduced himself as Mr. Joe Walker who claimed to be the landowner. He refused to permit us to proceed as we had planned. It is my belief that the route along which we intended to walk is on what was an old "Green Road" which linked Glencullen and Ballybrew to Curtlestown and Glencree. It predates, as I understand it, the present Enniskerry to Glencree Road. It was used for a long period by vehicles, by livestock and by people on foot. Local people used it until relatively recently to go to Mass in Curtlestown and to attend the school there. My understanding is there was, in fact, an old community of houses at Curtlestown, including a police station, which this old road may have served. About ten years or so ago Mr. Walker planted trees on his property and some of these were planted onto the old "Green Road". It seems that a local walking enthusiast ensured by trimming back the growing trees and controlling furze growth and briars on a regular basis that an adequate path for walkers remained over the line of the old road through the growing trees. It was along this track we intended to walk last Sunday.

Mr. Walker acknowledged that an old road had existed but he denied that there was any extant right for the public to enter his land to walk along the remains of the old road. The earliest map, which I possess, is a "Wicklow District" Ordnance Survey 1" to the mile dated 1952. This clearly shows the old road route from Curtlestown and onto Ballybrew. It appears on the O.S. "Wicklow District" map dated 1970. Also on the O.S. Sheet 16 "Kildare Wicklow" Map of 1972 and 1986 and again on the O.S. 1" to the mile "District Map of Dublin" dated 1987. I can, of course, produce these maps for inspection. They and other reference maps for Glencree are no doubt already in the files of Wicklow County Council. I'm sure all pre-1952 O.S. maps of Wicklow show the old road. I can personally affirm that I have walked this particular old road for more than 50 years. Vera virtually grew up in the Glencree Valley. Her father, a schoolteacher, rented houses during the long summer holidays for many years and eventually purchased a house. Knocknashee, Kilmolin. So she and her family also walked the old roadway over a similar long number of years. There are many walkers of my acquaintance who will say they similarly used this route. Until last Sunday we were never at any time prevented from using this old road. My question to you, as Law Agent for Wicklow county Council, is what policy, if any, has your Council got in relation to such old roads and tracks and attempts by landowners such as Mr. Walker to prevent usage by the public of such ways. The question of access to the countryside is of great concern for walkers and those involved with the activity in this country. Restrictions being placed on walkers through the country, by the erection of fences around old commonage and blocking Mass tracks, old roads and so on, is nipping in the bud the growth of a valuable tourism business. Already British and Continental organisers of walking holidays have withdrawn from Ireland because of access difficulties unknown elsewhere in Europe. The word is spreading in the U.K. and elsewhere in Europe that Ireland is not a good country for a walking holiday. Thankfully - yet - Wicklow is by no means the worst place affected, so that Mr. Walker's actions in Glencree are of particular concern. I would be grateful for your speedy and learned response and for any assistance Wicklow County Council can offer to the walking fraternity to preserve and protect this old road and ensure it remains open for those who wish to walk along it.

Best Regards,

Sean Fox

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Jan 2004 - Avoca Co Wicklow

I have an issue with access to the river in Avoca Co Wicklow. There is a long stretch of riverbank which is really wide and easily accessible between the village and Avoca Handweavers. As a child I played there a lot, as did most of the kids in the village. It was also used for walking and even, occasionally camping. This is the only stretch of riverbank that is "walkable" in our beautiful village and I was shocked recently to find that it has been fenced off by the current landowner (all previous owners had no problem) and people are being denied access. I recently brought my kids for a walk (not knowing this was now forbidden) and after having a really difficult job even reaching the riverbank (fences) I was ordered to leave by the owner as I was on private property. I've never complained about anything in my life but I do feel really strongly about this as it is such a beautiful place and has always been open to local people to walk and play .I feel particularly sad that there is now nowhere in Avoca that I can bring my kids to teach them to skim stones. I was playing on the riverbank with my pals 20 years before this person even arrived in Avoca. Is there anything I can do? Can you help me?

GB Avoca

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Feb 2004 - North Leitrim & The Occupiers Liability Act 1995

Dear Sir/Madam,

I have a keen interest in hillwalking and am experienced with promoting hillwalking here in North Leitrim for the North Leitrim Glens Development Company and also for the North Leitrim Accommodation Co-Op Society Ltd.

Anyhow, I am getting tired of seeing "keep out" signs everywhere I go, so I have decided to set out all the knowledge I have gained from my involvement with North Leitrim Glens and from my legal and farming background, in the hope that some Politicians will take heed and back the proposals.

I attached a copy of my letter, which I have emailed to 126 TD's.

I hope the suggestions set out in this letter are of some use to you.

Kind Regards,

Jim McMorrow Solicitor.

Solution to the Hill Walking Problem

Cluainin Ui Ruairc, County Leitrim. 29th January 2004.

Having carried out legal work for North Leitrim farmers for over 20 years, being the son of a farmer and cattle dealer and having been a keen hill walker during this time I feel that I understand the arguments on both sides. I have sympathy for farmers who have experienced walkers walking uninvited over lowland fields causing disruption to daily farming life and loss of privacy. Most farmers are worried in case a walker has an accident on the land, resulting in the farmer trying to figure out if they know of " reasonable grounds for believing that a danger exists" (extract from the Occupiers Liability Act 1995). The following is my solution to the problem.

1. The complete abolition of the Occupiers Liability Act 1995.

This Act caused more problems than it solved; it still imposes liability or the worry of liability on farmers, it is too complicated and it has resulted in hundreds of thousands of euros being wasted on public liability insurance. It was a cowardly attempt to solve the occupier's liability issue and the Legislators did not have the guts to absolutely exempt Landowners from liability. Do they not realise that walkers have the option of staying at home or walking with/without personal accident insurance? The risk must lie with the walkers and not the landowner.

2. The passing of a new Act entitled "Landowners Exemption From Liability Act" which will:- (a) State simply and clearly that person/s entering land (defined as all land which is exempted from rates or any land designated by the Wilderness Board) not owned by them do so at their own risk and that landowners or land occupiers are not in any way responsible for any accidental injury caused to any person (including their personal property) visiting the said land for any purpose irregardless of whether or not the owner or occupier derives any direct or indirect financial gain from the visit. (b) Abolish any distinction between trespassers, invitees, licensees and recreational users as regards entry to land.

3. The passing of a new Act entitled "The Wilderness Act" declaring that all persons have a right to roam on all land over 500 ft or 152 meters above sea level (a level well above arable land level) and the appointment of a Wilderness Board who will have power to designate other remote Wilderness or unpopulated Areas (including beaches) for public access. Dogs to be excluded from all areas (beaches excepted) because they are a nuisance to farm animals.

4. Identification of access lanes to the said Areas, which will cause the least interference to farmers. All Mountains have old bog roads, which can be used. Notice Boards displaying a new "Country Code" at each access point warning visitors to close gates, not to litter, to use the stiles, not to light fires etc.

5. Construction of stiles over walls and fences in the said designated areas. Generous Grants to farmers who provide serviced car parks and supporting services.

6. Education of the Public as to the benefits of: - a. Physical exercise, relief of stress, knowledge of nature, appreciation of our heritage, getting children away from the TV and computer games etc. b. Direct financial benefits derived from provision of serviced car parks (with parking charges), b&b accommodation, hill walking guides, minibus drivers, agri-tourism hostels, etc. c. Indirect financial benefits from more money circulating in the locality - benefiting shops, pubs, restaurants, petrol stations, musicians, art and crafts, theatres etc. The Exemption from Liability Act will also regenerate local Agricultural Show Days (which are fast dying out due to insurance problems), make the opening up of Period Home Gardens, Forests and Parks more viable and open up new "beauty spots" which up until now are closed to the public due to liability risks and high insurance costs.

We are all tired of hearing about spurious claims being taken by claimants chancing their arm against innocent landowners; it is time to put a stop to this practice.

I am now asking our politicians to back the above six proposals and apply for the necessary changes in legislation without delay. The access problem is deteriorating by the day and needs to be tackled by changing the law. The problems are too complex for interest groups to solve by themselves without having the law behind them; these interest groups have no foundation to work on. It is an impossible task for them to solve the hill walking issues without the appropriate changes in the law being implemented.

Yours sincerely

Jim McMorrow, Cluainin Ui Ruairc, County Leitrim. (jimmcmorrow@eircom.net) Copyright: Jim McMorrow December 2004.

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FEB 2004 - Letter to Wicklow Co Co - Access in Glencree

Valley Lodge, Kilgarron Hill, Enniskerry, Co. Wicklow. 11th February 2004. Senior Executive Officer, Planning and Economic Development, Wicklow County Council.

A Chara,

Re: Draft Development Plan - Old Coach Road, Enniskerry.

I made a short submission on including the above right-of-way in the final development plan at the public meeting in Enniskerry last month. You have since sent me an acknowledgement of this. That submission was, of necessity, constrained and I think it might help you in your deliberations if I elaborate on the case for this and its urgency.

1. I enclose correspondence dated March 03 with WCC's enforcement officer from a member of An Óige, Mr. Val Duffy, who has walked this route for 30 or 40 years and who found it blocked about a year ago. You may find the map he attaches useful in identifying where this road is under threat.(See Document A).

2. I enclose communication from myself from around the same time with WCC, also complaining of the illegal blocking of this old road. (Document B). It appears your enforcement section requested a planner to investigate but no action was taken. I have received an apology and an assurance that WCC were now engaged on the matter. The hindering of this roadway has an unauthorised development number, UD 1174.

3. Walkers continue to be hindered and harassed as they seek to walk this way. See, for example, the account of a lone woman walker (Document C) and the account of a long-standing walking group (Document D), both of whom were obstructed by Mr. Walker in November.

4. Wicklow County Council assembled a dossier of rights-of-way around 1989/1990. It is held in your Greystones office. Number 9 is this Old Coach Road. (Document E). Note that the map included in this document shows a further section of the road not shown in the map in Val Duffy's document above, i.e., going on from Black House to Ballybrew, near Glencullen. This full section is also that referred to by District Justice Liam Price in his notebooks (recently republished and in Wicklow libraries) in the early 1930's - even at that time he speaks of it as 'the old road' from Curtlestown to Ballybrew.

5. Apart from Justice Price, there are other references to this route. The road appears in Jacob Neville's map of 1760 and continuously in maps since. J.B Malone described a walk on this road in the 'Evening Herald' on 10 August 1948 (Document F). The Irish Ramblers Club published a book on access routes to the mountains in 1976, which includes this old road (Document G). It has been walked by many walking groups and locals for as long as people can remember.

6. The old coach road is an access route to the Wicklow Way from near Glencullen, joining it at Curtlestown. This has potential to be exploited in walking tourism. Even better, where this route emerges on to the modern road at Ballybrew is just a few hundred yards from where a track emerges from the Coillte Woods that stretch up along the Glencullen River from Enniskerry, passing the Environmental Education Centre in Knocksink Woods - offering the prospect of a wonderful access route off roads all the way from the centre of Enniskerry. (Part of this path down through the woods into Enniskerry is in need of restoration, but given Coillte's usual goodwill on these matters this is a problem that surely could be overcome.)

7. It is significant that this is a road in law, not just a path or track, used originally by coaches. Hence its status as a right of way is beyond dispute. Ms. Christine Flood of your Engineering Dept. confirmed, when contacted last year, that they had no knowledge of this right of way ever being extinguished (a process necessary if it were to ever cease to be a right) and so presumed the right to traverse the roadway still continued.

8. This undisputable right of way must be asserted by inclusion in the final development plan. Deferring this decision in any way is not an option given the continuing aggressive attempts to obstruct it, as should be clear from the first three points above. Further, trees have been planted along this way, in clear contravention of planning laws - these trees continue to grow! Hardly a week goes by without locals or visitors being harassed in their attempts to walk this way, although the vast majority of people locally, and all the main walking bodies, know it to be a right of way. Wicklow County Council were informed of this obstruction by many people nearly a year ago, but have failed in enforcement - it is time for Wicklow to make good that failure in this clear-cut case by recognising the Old Coach Road as a right of way now.

Is mise,

Kevin Warner.

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March 2004 Waterford - Dungarvan Railway Line

It has been proposed by Waterford County Council that the redundant railway line from Waterford to Dungarvan be converted to an amenity walk but already before the plan has even been got off the ground sections of the line have been barricaded off by farmers. In addition despite the fact the a line has been designated for the purpose of an amenity walk the Council have allowed a private developer to step in and buy a portion of it for an access roadway to a private development near Clonea. I am currently involved in an objection to that project and would appreciate some knowledge of the best way to safeguard the railway line as an amenity walk. Regards

Tim Foley

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March 2004 - Western Way

Hi,

I was planning to hike the Western Way through Co. Galway and Co. Mayo and I recently knew about it being possibly blocked near Westport by a landowner. I read the information on your issues page but since I don't know the area it's difficult to me to know if the block affects the Western Way.

I'd ask you to please tell me if there's indeed a problem for hiking along the Western Way in this area and if so whether it's there a reasonable alternate route. For what is worth, I have the relevant OS Discovery maps (31, 37 and 38) but after cross checking those with the info provided in your website I can't guess.

I have also written the Westport Tourist Office but so far I've got no answer from them.

Thanks a lot in advance, best regards,

Inaki Diaz de Etura

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West Cork

I am English and visited County Cork a couple of years ago. Being a keen hiker I enquired at the Clonakilty Tourist Information office as to where I could go walking. They looked at me a little sheepishly before suggesting some place that I knew to be many miles away! So I asked what rights I had to go walking in the countryside? Very reluctantly they admitted that there were no rights of access if the land was private. Therefore, as I am from England I would advise hikers not to bother with Ireland till they get their act sorted out there. Stay at home in England or Wales, or go to Scotland, which is a hiker's paradise. The Irish government should realise the massive potential of attracting hikers to Ireland if they provide at least some reasonable level of access to the countryside. So to KIO I say good luck in your valiant quest!

Best Regards Mr H.W. D.

Editor’s Comment: You will be aware from our last issue the Land Reform (Scotland) Act 2003 was passed giving the legal right of access to the public. Also, the walking resource in the English Countryside includes…. · Over 188,000 km of rights of way · Over 33,600 km of long distance paths · Many shorter, local promoted paths ……and I million hectares of open access land will become available following the full implementation of the Countryside & Rights of Way Act 2000 (CROW).

Recreational users also contribute substantially to the rural economy - a fact that became all too apparent during the 2001 outbreak of Foot and Mouth Disease. · There are over 527 million estimated walking trips made annually to the English countryside · The expenditure associated with these trips is in the region of £6.14 billion · The income generated from this expenditure is estimated to be between £1.5 and £2.8 billion and supports between 190.000 and 250,000 full-time equivalent jobs.

All of the above is facilitated by the ready availability of the definitive Ordnance Survey Maps. (Source: The Economic & Social Value of Walking in England by Dr. Mike Christie and Jon Matthews) June 2004

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West Cork

We are a family living in West Cork. We bought an old farmhouse over ten years ago and though we had only two acres on a bigger farm, the old farmer let us walk the land down to the sea. Our children grew up around his small herd and donkey. He then passed the farm on to his son two years ago who no sooner had it that he put up PRIVATE PROPERTY signs everywhere, TRESPASSERS WILL BEPROSECUTED, fences, gates and made clear verbally we were never again towalk HIS land. We might disturb his cows!! I didn't realise we were so BACKWARD in Ireland as to rights of way, ways to access our own countryside. Everyone in our townland who is over 50 grew up crossing fields - it was the shortest path to a destination. WHAT HAS CHANGED SO DESPERATELY and WHY? Nouveau riche Celtic Tiger??? I would like to know what is the right of way to Ireland's strands. Is it up to the high water mark that you can walk WITHIN YOUR RIGHT? Please let me know as soon as you can. We are wanting to reclaim at least a little of our enjoyment of OUR environment.

Many thanks. Sincerely, J C

Editor’s Comment: There are two questions here, (1) Creating a legal right of way: If the farmer gave your permission to cross his land on a regular basis all that is created is a permissive right of way, i.e. it can be withdrawn at any time by the current landowner. This is one of the biggest problems we face in Ireland, when land changes hands there is nothing left in perpetuity for the recreational user. Nothing has been recorded or registered. However, it seems that if the land is used for 20 years without permission, without being stopped and without being secretive (exercised without interruption from time immemorial) a legal right of way can be established by usage. This concept really needs to be tested in the Irish Courts as it is extensively and successfully used in the UK. (2) Access and use of the beach: There are several Acts covering this area, the main ones being the Foreshore Acts1933 to 2003. The basic principle is that the state owns the Foreshore, which is the land and seabed between the high water of ordinary or medium tides and the 12 mile limit. The general public have a right to use the beach between the high and low water marks and if you can access the beach some other way (by sea or via other land) the landowner cannot put you off the Foreshore. However, there are several landowners who for historical reasons etc own the foreshore (this would be shown in their deeds) and the attitude of the state is 'if you own it prove it'. The government department with the expertise in this area are the Foreshore Section of the Department of the Marine at Ph. 01 678 2000. In the short term a fresh appeal to the new landowners may be helpful.

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July 2004

Dingle Way - Co Kerry

I would like to join Keep Ireland Open as I regularly bring walking-groups over to Ireland. However, you may receive a complaint from travel-agency Topo Aktief about the Dingle Way from Ventry, just beyond Cill Mhic an Domhnaigh where walkers where chased off the Dingle Way by an angry farmer. When they had walked the asphalt road and joined the Dingle Way further on, a lady farmer wanted them to pay money. I walked this stretch in the last week of April with a group of 12 and had no problems. Hope to hear from you soon; many thanks in advance.

Yvonne Hontelé Germany

Editor’s Comment: According to Tailor Made Tours (who operate from the South West) and others, because of landowners objections, 90% of the Dingle Way has to be walked on the public road.

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August 2004

Student Opinion

I am currently doing an assignment for University of Limerick on the difficulties between hill walkers and farmers/landowners. Before starting my research into this problem I have to say I was biased towards farmers/landowners. All is changed after reading your website. I am appalled at the lack of access for walkers in Ireland. I would be very interested to read copies of your organisations submissions to the relevant government departments. Would it be possible for you to email copies to me? they would be a great help to me for this assignment.

Regards, SM Dublin 22

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August 2004

Co Mayo

Please find enclosed our cheque for our annual membership of KIO. This is probably going to be our last contribution, as we will leave Ireland this year. One of the main reasons is that we don’t enjoy any freedom at all when it comes to walking or horse riding. More recently we were even threatened while out on horseback and are since very cautious (as a neighbour attacked us with a hay fork not so long ago). When we go hill walking we are aware of the fact that we often cross farmland and even though the path is a “public path” we cannot relax and enjoy it until we are back on safe ground, We usually spend our holidays in Germany and Switzerland and enjoy wonderful walking possibilities there. This makes us feel more and more depressed. On top of all this houses come up like mushrooms everywhere and the landscape has been irreversibly destroyed…but that’s another topic. We wish you all at KIO the very best for the future, keep up the good work - Ireland desperately needs people like you - before it’s too late.

Kind Regards G & A L Co Mayo

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Wicklow

13 July 2004

Dear KIO -

I think it is a terrible shame the way things went at Wicklow County Council yesterday. I am shocked and disturbed by the extent to which the council appears prepared to bend over backwards to appease landowners with little regard for the rights of the public. I am already a member of KIO; please let me know if there are any activities with which I may be able to help.

Yours, R B

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September 2004

South West Path in Devon/Cornwall

I have just returned from a wonderful walking holiday, during which two of us walked 150 miles of the South West Costal Path in Devon and Cornwall. It is fine medium-grade walking along cliffs and up and down the many deep combs with some really exquisite stretches, through mature woodland and with wonderful seascapes. There is clearly much co-operation and harmony between walkers and farmers. We stayed in several farm guesthouses along the way, and it is clear also that the farmers and the local economy generally benefit from the Path and are glad to have it. I would recommend this Path to all walkers and recreational users and I will definitely return in the near future.

Editor’s Comment: A recent survey claims that this coastal path generates some £300 million revenue for the local economy each year

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October 2004

Quad Bikers

Hi, I am from Co. Cork. It is refreshing to know that there is an organisation out there fighting for our natural right to walk our land. I wonder if you have any views on the way quad bikers are destroying our mountains and if you have any information on how this disgraceful neglect of our beautiful hillside can be stopped. This is a major problem on the Galty Mountains at the moment with up to one dozen quads destroying not alone the beauty of this area, but now with the advent of spring there will be hundreds of nesting birds at the mercy of these people. I look forward to hearing from you and hope I can be of some help in your courageous attempts to keep the land open to access. Editors Comment: The Motorcycle Union of Ireland have been concerned about this issue for some time and make every effort to advise their members of best practice. However, the problem should really be tackled by our local councils who have the power to pass byelaws to protect the amenity value of our mountains. Some have already done so; including the Louth County Council while some other are in the process of drafting byelaws. Coillte also have a policy of non-motorised access to their forest tracks. However, a major part of the problem is due to the neglect by the Government, which has resulted in the European Commission referring Ireland to the European Court for failing to control the use of quad bikes in environmentally sensitive areas.

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December 2004

The Future of Walking Tourism ( also published in the Farmers Journal 4 December 2004 - Letters to the Editor - From David Herman Co Sligo)

Dear Sir, Your report on the recent C na T conference on the future of walking tourism made for predictable but depressing reading While the good ship Walking Tourism heads for the rocks, the crew continues to endlessly discuss the arrangement of the deckchairs. The number of walking tourists is down to nearly a half of what it was just over 10 years ago (the figures quoted, though bad, are not as bad as Failte Ireland’s national figures); many walkers from Dublin are now considering Wales rather than the West for long weekend breaks. Yet your report, ‘Breaking new ground’, details yet again the perennial subjects (insurance, ‘mutual respect’, partnership, ownership of the land, asking permission to cross land etc, etc) as though for the first time. It doesn’t seem to have occurred to the sponsors of this conference that the rest of Western Europe have solved the seemingly intractable problem of access to the countryside and have done it decades - yes, decades - ago. They have not given grants to landowners for access alone, as repeatedly suggested in this country. Instead they have done it by passing legislation giving rights to recreational users over suitable private land. They have provided rights of way that are signposted and marked on the maps, not the nebulous excuses we are seemingly content with. They have clearly indicated areas covered by freedom to roam. Given the virtually non-existent legal and other support given to them here, small wonder that foreign walkers are voting with their feet. One must admire the farming organisations that are ruthlessly pursuing their own short-term interests. As for the Government and the farmers’ lackeys among walkers, mealy-mouthed talk of partnership and voluntary agreements will profit them nothing and the sooner they realise it the better.

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December 2004

WHAT GOOD IS AN INVISIBLE RIGHT OF WAY

The Green Party, unfortunately has failed in its attempts to have rights of way listed in county development plans. (Irish Examiner, December 1) With the halving in the numbers of walking tourists visiting this country in little over a decade, this was a welcome but tiny first attempt to get us into line with our European neighbours. However, Mr O Cuiv is content to have nebulous ‘rights of way’ that are not shown on maps, not indicated by signposts and not even listed in county development plans. So who knows where they are? The minister had the effrontery to describe the Green Party’s proposals as “a sledge-hammer to crack a nut.” Given the modest of that proposal and the great loss to the country caused by the demise of walking tourism, the minister’s cliché should be reversed: he won’t even use a nut to try and crack a sledgehammer.

Editors (KIO) Comment: A similar situation arose under REPS where farmers were paid for providing access. Yet, we could not find out where this access was, not even the Dept. of Agriculture could provide us with the information.

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December 2004

Beware of the Spirits in Dingle

I read your recent newsletter with interest as I was reared around Ventry, Co. Kerry near a place where the lady farmer wanted money and another farmer chased the walkers away. I remember a lady called Sayers, a distant relation of the famous “Peig” charging a shilling for entry to her property, as there were remains of “Clochans”, which she protected. Another place subject to charge is the way to the Tower on the Burnham peninsula for which a donation was requested. I personally had difficulty in Ballymore between Dingle and Ventry as a dwelling has been constructed on the cliff top ostensibly to prevent walkers using the cliff walk. I don’t think it would be against the law to name these people so that all in the area should know where to expect difficulty. I am sure hotels and guesthouses and tour operators would be pleased to warn their guests so as not to have them embarrassed. My grandfather who was a voluntary caretaker with the Board of Works had similar difficulties with Archaeological sites. He died in the1930’s and I remember one case where a farmer removed a head stone from Reask and used it as a lintel for his doorway. With the aid of a few local boys he replaced the headstone at night and so convinced the farmer that the spirits had done it Reask is one of the many important Christian remains in West Kerry. I’m not sure if it would be possible to have voluntary caretakers nowadays. Then the late Professor Mac Allister was the inspiration behind the protection of ancient ruins. Lately a comprehensive survey of Remains in West Kerry was published. However, the IFA are intimidating the Councils to restrict rights of way and the Government has given in to this form of blackmail and do not appear to care whether tourists come or not. My grandfather was an active member of the Land League in the 19th century and derived no benefit from his efforts. The present landowners do not appreciate the extent of that struggle and we owe it to the memory of these voluntary workers to Keep Ireland Open.

PBS Co Kerry

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January 2005

Walking in a Winter Wonderland

I have just returned from a walking holiday in Austria, where there are thousands of kilometres of legally protected rights of way in lowlands, uplands and mountains, where everything is done to encourage walking tourism and where, as a result everyone, especially the local community, benefits. Austria is not an exception in Europe. That unhappy position belongs to Ireland, where walkers have no legal right to put a foot onto private property. Recently farmers in Sligo, including one who has already been convicted of assaulting two hapless walkers, have allowed walkers onto their precious rough grazing land for one day. This ‘privilege’ has been granted only because they have shown the necessary gratitude and deference. Shame on those clubs and organisations for participating in this humiliating PR charade that any self-respecting walker would have rejected out of hand. What we urgently need are not cheap stunts but legal rights of the type that are taken for granted elsewhere in Europe.

DH Dublin

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January 2005

Totally Frustrated

After several years of shouting into the wind a colleague of mine has this moment directed me to you (KIO). I am at present training as a Mountain Leader and I feel strongly about restrictions put upon our Fair Isle particularly by farmers with un-necessary barbed wire fencing at every turn. I am on the course in the South of Ireland for I year but usually I live in the on the Currane Peninsula, next to Achill. When I was a boy all the villagers, many of whom are my family and close relatives, would play on the beach and "sandybanks" which is the shoreline looking out to Clare Island and Achill Island and Achill Beg. Naturally enough visitors would also gravitate to this delightful area and could hardly contain their joy at having found such a beauty spot. I hardly need point out that this in turn resulted in a small but thriving mini tourist industry for the area with the local hostelries and shops turning over good business as well as a Youth Hostel. Not any more. I spent many years away in London and on my return I found that a local man had inherited this strip of land and effectively with the usual proclivity of barbed wire fencing cut off access to both the land and the beach.

I went for a walk to the beach and the man who is extraordinarily vigilant in this matter came and threatened me. He later, (on Christmas morning as it happens), shouted abuse and threatened my sister who was on holiday and my 80yr old uncle who lives next to me. He has, I then learnt on a previous occasion, scared off a group of tourists with a gun after which he ran off to the local nursing home for sanctuary. Anyway his licence to hold a gun was revoked but all the same the situation continues.

This is a similar situation to the one in Louisburgh I understand. I have taken steps to deal with things. I spoke to my cousins and friends but they would rather just leave him be. I after some persistence got the land enforcement officer from Castlebar down. He explained that that the Rights of Way were not enforceable in Ireland and that it was up to the Landowners discretion. He suggested getting the community together. I spoke to many hardcore locals and they agreed with me that something should be done. They told me to leave it with them and they would speak with the Community Centre Committee. I have politely followed this up but of course nothing has happened.

The man and his bit of land on which he keeps a few sheep may as I understand have reasons for his attitude. I realise that REPS schemes and the funding there from encourage would be farmers to pay particular care to fencing off the areas that are allocated to them. This in the short term keeps them in pocket and a visit down to the pub every day and night is not beyond their means. Meanwhile shops close, the visitors do not come, there is no longer a Youth Hostel, the pubs are empty, not only of people, but the great tradition of musicians who once frequented the area.

In short Ireland is going backwards in a hurry. Our greatest selling point is the natural beauty of our landscapes. I myself am lucky to be sponsored by Failte Ireland, Uderas, and FAS as well as the local community in Dromida, near to Caherciveen in Kerry so that I can safely navigate others through the mountains. If people imagine however that the average tourist wants to traipse across sodden bogland full of cattle and sheep droppings to be then faced with obstacles more appropriate for the walls of a prison then they surely are living in the land of the fairies. But what to do? Will anyone grasp the nettle before the impetus is lost and it’s too late? Sincerely MG

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Fencing into the low water mark at Uggool Beach Co Mayo

February 2005

The following letter was sent to Mr. John O'Donoghue, TD Minister for Arts, Sport and Tourism Re: Access to Countryside

Dear Mr. O’Donoghue:

As a long-time subscriber to Ireland of the Welcomes here in the USA, I enjoy reading your message in each issue. I thought it right to tell you about a problem for Ireland tourism, as seen through the eyes of a foreign visitor.

A small but significant segment of the holiday market in Ireland consists of visitors who come to walk the glorious Irish countryside. A hillwalking friend and I plan a visit to the southwest in May for approximately a hundred miles walking in Cork and Kerry. (We’re not campers, however. The gourmet spots and celebrated hotels of Kinsale and Kenmare are on our list, too.) We’ve planned our routes with the help of several walking guidebooks and my subscription to Walking World Ireland magazine. From these sources I knew of the increasing problems of access caused by landowners. I was surprised, however, to discover that several of the walks we intended to make - all of them on traditional public rights-of-way, and all of them described in detail in old and new publications - are now impossible or questionable. For example, we had intended to begin with a walk around Gougane Barra, where public access has heretofore been unquestioned. However, the website of the organization called Keep Ireland Open (“KIO”) contains a report of the experience of two visitors there recently who experienced serious access problems.

It also appears that more than half the walks we planned to make are obstructed in one way or another. Even the country’s Waymarked Ways, such as the Dingle Way, the Kerry Way, and the Beara Way, are not free of obstruction. Within sight of the Cliffs of Moher Visitor Center, obstructions are tolerated. Even a beach of the Atlantic coast, near Westport, is blocked, or was the last time I checked. How can this be?

I’m certain that under Irish law, as under British and American common law, the public possesses a prescriptive right - not a license or a permission but a legal right - to travel an ancient path. In this country the government would bulldoze obstructions such as the ones I’m reading about and place the perpetrator in the dock. I can’t understand why these illegal obstructions are tolerated in Ireland. The KIO website recites instance after instance of apathetic or even hostile local government responses to protests against these obstructers.

It’s distressing to me to see Ireland so quickly losing a precious resource, apparently because so few people appear to be concerned. I read on your department’s website the report submitted to you last year by your tourism task force. In paragraph 5.10 a mention was made of “unsatisfactory progress” on this issue of access. That is an understatement indeed.

Because we love Ireland, my friend and I were prepared for the high price of our visit, but we can’t cope with barbed wire and hostile farmers blocking public ways.

I hope your Government will take steps at the national level to deal with this growing problem. In one sense, all this is none of my business, but in another sense the glorious Irish countryside is a treasure of the whole human race, so I felt I should speak up. I’ll continue to read with pleasure your messages in Ireland of the Welcomes. Thank you for listening, Minister. Yours very truly, JBR South Carolina USA

Fencing into the low water mark at Uggool Beach Co Mayo

If you would like to inform us of any problems in your area please email us at info@keepirelandopen.org

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