I have had many contacts from paddlers in response to my blog on the trip on the Cork Blackwater. Some were Irish, unsure of the actual access situation in Ireland, some from England, or further afield, wishing to establish the real situation before travelling to Ireland on holiday (and spending their hard-earned money!)
For everyone’s information, I set out below the gist of a very helpful e-mail received from Albert Smith, of ‘Keep Ireland Open’, earlier this year. Albert expressed frustration at the uncertain current legal situation, but said the following;
The canoe union of Ireland made a submission to Comhairle na Tuathe (Irish for the Countryside Commission) in January 2006. You will reach it at the following address. Pages four and five deal with access.
Download the sumbmission to Comhairle na Tuathe as a PDF.
Unfortunately, the access issue in Ireland is a fraught mess. Comhairle na Tuathe has proved completely ineffectual at dealing with it – largely because landowners do not see that they have any interest in negotiating with stakeholders who, under the existing dispensation, have virtually no rights and, therefore, nothing to negotiate with.
This suits the farming organisations just fine and, in the absence of any political will to legislate for access, they can afford to say no to virtually everything and get away with it.
Sadly, there is no statute which ‘governs’ access to Irish waters. There is a great hodge-podge of English and Irish judge-made law and a clatter of ancient statutes, which frequently contradict each other. There is no enabling legislation. Indeed, a seminal High Court judgment in 2006 (Lenoach vs Collen) held that there can be no public right of way to any point unless a landowner puts in writing his intention to dedicate it to public use.
This has effectively put all of the custom and practice rights of way in the country (the kind which many canoeists typically enjoy) in jeopardy. Because it was an appeal from the Circuit Court, it could not be further appealed and we (and you) are stuck with it – even though the judge behaved oddly throughout the case, ignored an completely misrepresented key evidence in his judgment and died of a brain tumour shortly afterwards.
The reality is that we are a long way behind both Scotland and England and Wales with regard to access. This did not matter until recent years as there was generally such an easygoing attitude to leisure users that it was seldom a problem. However, that is no longer the case. Access over private land to lakes and river banks, as much as mountains and even ancient monuments, is increasingly a matter for conflict. The canoeist can argue custom and practice but, given the Lenoach judgment, is on shaky ground. What is needed is a complete overhaul of the law. It is for that we in Keep Ireland Open continue to struggle.
You may be able to get a better update on the position on the river bank from the phone numbers attached to the Canoe Union submission.
Sorry if this sounds a bit negative, Eddie, but there is no point in misleading you.
Ireland is a fantastic place for outdoor pursuits. But there is virtually no legal protection for those enjoying them.
I hope this helps people. For those outside of Scotland both interested and curious about our very 21st century situation, I would only add that nothing moved ahead on water until ALL recreation interests agreed to work together, so that the Ramblers etc supported us. Also, we were in a very new political situation, with a great opportunity. As an outsider to Ireland (except my family came from Ireland), I would keep on stressing the financial/tourism advantage of canoeing.
Regards to everyone
Eddie
Its a pity that the situation is so bad. In england there are still problem areas but the lobby groups do a good job of giving access a public profile.
Hello
My name is Darren and i recently paddled the blackwater from Mallow to Cappaquin {excuse spelling if wrong}a distance of 38 miles give or take a couple of hundred yards.I paddled a 15ft sea kayak and my friend paddled an old town camper. The day was spectacular as the weather was perfect and the river was in full bloom, however i was nervous about hitting the Lismore area due to some comments regarding a landowner mouthing off and threatening paddlers. Sure enough as we approached Lismore a man was eyeing us and following our route whilst visibly making a phone call, although nothing was said his body language made it clear he was not happy about us being there. From the start we back paddled and asked every angler which way they wanted us to go, ie the near or far bank and i have to say every angler was superbly well mannered. However this landowner caught my attention to the point where i was watching him and not the water so the worst thing that could happen whilst within the salmon area happened. Yes a went for an unexpected swim, well this really didnt impress the gemtlemen but from my friends point of view it was the funniest thing since tommy cooper. Due to being in a kayak and not having enough water to role i had to get out which mean’t really upsetting the gravel beds, The gentlemen in question was upset to say the least. The point to this though is why don’t landowners like the one in Lismore create a deeper channel and sign post it specifically for kayakers this way if people ie kayakers ignore the signs then they are at fault and the gentleman would have a right to moan. Having paddled this route and being a fisherman myself it is not a difficult task. From experience i know that many rivers within the UK and Europe have done this and i do not know of any issues regarding specific salmon areas as the lobbyists use common sense for the most part. The blackwater is a stunning natural resource and should be made use of for everyone and not just for a minority who think they own the river i for one am always polite and will continue to be polite to other river users, but i will NOT be put off doing a pastime that i love doing.