Madam, - I note the widespread relief at the ruling by the Supreme Court that the aberrant award of damages awarded to a woman who injured herself on a Donegal cliff should be set aside (The Irish Times, January 22nd).
Since the 1995 Occupiers' Liability Act, a very sensible and necessary body of law, was introduced there has not been one case where a leisure user of land has successfully sued a landowner for damages. Unless I am mistaken, last week's sensible Supreme Court ruling copper-fastens that 100 per cent record.
Ever since this case began in 1997 its implications and the errant judgments it spawned have been used by the IFA and a small number of militant landowners determined to block rights of way as a stick with which to beat hill-walkers. Now that the Act has been affirmed by the highest court in the land, can we expect the IFA to move on - perhaps to a position where the rights of hill-walkers and other leisure users might advance to the level that pertains in every other country in Europe?
Might we even reach a position, as production-at-all-costs farming is rendered obsolete by decoupling, where farming organisations might lift their heads enough to see that one of the few attractive alternatives is to cultivate the love and use of the land among the citizenry and among tourists?
Bord Fáilte figures consistently reveal a collapse in the numbers of walking tourists visiting Ireland. The final ruling in the Donegal case exposes the folly of a mindset based on selfishness, silliness and cussedness.
If the farming organisations cannot produce a progressive policy in this area, it is time our legislators brought us into line with the rest of the developed world. They pass laws protecting the rights of the people of Ireland to walk across the country as it is now plain that leaving it to local councils simply does not work in a society where, with the notable exception of Dun Laoghaire-Rathdown, not one local authority has shown itself capable of protecting a crucial aspect of our physical heritage. - Yours, etc.,
NIALL LENOACH, Chairman, Enniskerry Walking Association, Enniskerry,Co Wicklow.