Curragh of Kildare Bill, 1961: Second Stage.

Aire Cosanta (Caoimhghin Ó Beoláin)

Tairgim go léifí an Bille Athuair anois. Is fada siar a théann stair an Churraigh. Bhain na tailte ann, comh maith leis na tailte mórthimpeall air, le mainistir Thomascourt ar dtúis, ach nuair a díothaíodh na mainistreaca in Éirinn, tháinig na tailte sin go léir i seilbh Gall. In a dhiadh sin roinneadh na tailte timpeall an Churraigh ar daoine éagsúla, agus tugadh cearta féaraigh ar an gCurrach dóibh san.

Leis na cianta anuas do husáideach An Currach mar ionad rásaíochta agus traenála capall. I dtosach na 19ú aoise bunaíodh campa sealadach ann agus sa bhliain 1858 tógadh campa buan.

Um an dtaca san, níor léir cad iad na cearta féaraigh a bhí i bhfeidhm, nó cad iad na tailte gur bhain siad leo, agus ba mhinic achrann i dtaobh na ceiste. Chun an scéal a chur ina cheart, ritheadh dhá Acht — Acht Churrach Chill Dara 1868 agus Acht Churrach Chill Dara, 1870.

Faoin Acht 1868 roinneadh an Currach i dtrí codanna mar atá:—

(1) Na "Tailte Donna" (575 acra) i.e. ionad an Champa Mhíleata — níl aon cearta féaraigh i bhfeidhm ar an limistéar seo.

(2) Na "Tailte Gorma" (463 acra) mar a bhfuil cearta féaraigh i bhfeidhm agus mar is ceadaithe freacnaimh mhíleata mar aon le raon-chleachtais a chur ar siúl.

(3) Na "Tailte Glasa" (3,832 acra) an fuighleach — an limistéar is mó agus an príomh-ionad inír. Tá cearta áirithe ag an Turf Club ar chuid den limistéar seo i gcóir rásaíochta capall agus ina theannta sin is ceadaithe an áit d'úsáid i gcóir cúrsaí míleata áirithe — mar shampla, léirbhreithniú agus druilleanna.

Le himeacht aimsire do cuireadh leis na Tailte Donna agus baineadh dá réir de na Tailte Glasa. Fé Alt a 11 den Acht 1868 cuireadh beagnach 100 acra de na Tailte Glasa leis na Tailte Donna. Níos deánaí anuas b'éigean 60 acra sa bhreis de na Tailte Glasa a iamh le haghaidh riachtanaisí míleata. Tá an limistéar seo dá thógaint isteach ins na Tailte Donna mar aon le limistéar beag eile de 40 acra chun teora na dTailte nDonn a dhíriú.

Faoin Military Lands Provisional Orders Confirmation Act 1898 fuarthas cearta raon—chleachtais ar limistéar de 352 acra de na Tailte Glasa. Tá an limistéar seo ins na Tailte Gorma don Acht nua. Faoin Acht 1868 ceapadh triúr coimisinéirí chun ceist na gcearta éagsúla a réiteach. Thug na coimisinéirí a mbreith i 1869 agus deimhníodh an bhreith san Acht 1870.

Is léir ó chomhairle dlí a tugadh ó am go ham go bhfuil na hAchtanna 1868 agus 1870 i léig go forleitheadúil chomh fada is a bhaineann siad le riarú an Churraigh ó 1922 i leith. 'Sé an príomh-aidhm atá leis an mBille seo ná an scéal sin a leigheas gan laghdú a dhéanamh ar na cearta éagsúla a bhí i bhfeidhm roimh 1922.

Tá an chumhacht a iarrtar in Alt a 11 chun cuid de thailte an Churraigh a iamh ar cheann de na cumhachtaí is tábhachtaí san mBille. Is cúis imní le fada dos na hUdaráis Rásaíochta an lot atá dá dhéanamh ar an limistéar rásaíochta tré innilt na gcaorach air. Cheapadar go bhféadfaí an fhadhb a réiteach ach an limistéar a leasú. Ach is é a tháinig dá bhárr ná gur mhóide an tarraingt a bhí ag an gcuid sin den talamh a leasaíodh ar an caoirig.

I dtuairim na nUdarás Rásaíochta is é an cúrsa is éifeachtúla chun an scéal a chur in a cheart ná an limistéar rásaíochta a iamh agus tá beartaithe acu socrú a dhéanamh leis an oiread féaránach is gá, go dtabharfar suas dóthain cearta féaraigh chun é sin a chur i gcrích. Tá súil acu go mbeidh an méid sin déanta agus gach ullmhúcán críochnaithe roimh Derby an Churraigh an bhliain seo chugainn, rás a bheidh, mar is eol do theachtaí, ar cheann des na rásanna is luachmhaire san Eoraip.

The Curragh of Kildare with its adjoining lands formed part of the Abbey or Monastery of Thomascourt, near Dublin and as such came into the hands of the British Crown on the dissolution of the monastic institutions in Ireland. After the dissolution, certain of the lands surrounding the Curragh were granted and in those grants there was included a right of commonage over "the great Common called the Curragh of Kildare". The present rights of pasturing sheep on the Curragh derive from those grants.

For centuries past — I am told that there is a record dated 800 A.D. — the Curragh has been used as an open space for the training and racing of horses. In the early part of the 19th century, a temporary military camp was established on the Curragh and in 1858 a permanent military camp was built.

Trouble apparently arose at that stage between the graziers, the racing and training people and the British military and moreover there was considerable doubt and confusion as to what rights in fact existed, who were the holders and to what lands did the rights appertain. In an endeavour to define the position and to reconcile the overlapping and often conflicting interests, two Statutes were passed — The Curragh of Kildare Acts, 1868 and 1870.

The 1868 Act divided the Curragh into three parts, which were defined on a map deposited at the time with the Clerk of the Peace for County Kildare. The three divisions were:—

(1) The Brown Lands, i.e. the site of the military encampment, over which grazing rights were suspended.

(2) The Blue Lands or Rifle Ground being an area to the south and south-east of the Camp which could be used for musketry and rifle practice and other military exercises while remaining subject to the rights of common grazing.

(3) The Green Lands, representing the balance, to be used primarily for the grazing of sheep, and in part by the Irish Turf Club for horse racing and training, but to be available also, though to a more limited extent than the Blue Lands for military purposes including "Reviews, Drills and (in cases of emergency) temporary encampment".

The total area of the Curraigh is approximately 4,870 acres and in accordance with the 1868 Act it was divided as follows:—

Brown Lands	575 acres
Blue Lands	463 acres
Green Lands	3,832 acres

Under the Military Lands Provisional Orders Confirmation Act, 1898, right of firing over and right of user for rifle practice, etc., of an area of 352 acres of the Green Lands were acquired. This area is regarded as Blue Lands for the purpose of the new Act.

Section 11 of the 1868 Act gave power to take in and add to the Brown Lands any portion of the Green Lands not exceeding in the whole 100 acres and pursuant to that power somewhat less than the permitted 100 acres has been incorporated into the Brown Lands.

In recent years, it became necessary to enclose areas of the Green Lands— totalling about 60 acres — for military purposes and, with a view to squaring-off the boundaries of the Camp area a further 40 acres are now being added to the Brown Lands. The present position is therefore as follows:—

Brown Lands	771 acres
Blue Lands	815 acres
Green Lands	3,284 acres

The 1868 Act provided for the appointment of a Ranger and Deputy Ranger to administer the Curragh but placed the Camp Area in the control of the British Secretary of State for War for as long as it might continue to be required for military purposes. The Act also provided for the constitution of three Commissioners to ascertain—

"(a) What (if any) rights of common of pasture, rights of way or other rights (except the rights of the Crown and public rights of way) exist in, over, or affecting the Curragh, or any part thereof, either by grant, charter, or prescription;

(b) to what persons, and for what terms, estates, or interests, the rights aforesaid respectively belong;

(d) what (if any) compensation should be given to any party whose rights are or may be injuriously affected by the Act;

(e) what (if any) public right of way exists in, over, or affecting the Curragh or any part thereof."

The Curragh Commissioners made their award in 1869 and it is embodied in and confirmed by the 1870 Act. The award, among other things, set forth that the Curragh should not be grazed by any animals except sheep: it listed the persons whose claims to rights of common of pasture were allowed; and it set out the number of sheep which each such person was entitled to graze. Many claims were disallowed or allowed only in part.

The law officers have from time to time expressed the view that the earlier Curragh Acts have been largely obsolete since 1922 and the present Bill is designed to remedy that position while at the same time preserving the various rights in respect of the Curragh which existed prior to 1922.

One of the most important provisions in the Bill is that dealing with inclosure (Sect. 11). In this connection the Racing Authorities have been concerned for a considerable time over the impairment of race tracks and training gallops due to the sheep grazing; as a consequence of which owners and trainers have been reluctant to run valuable horses at the Curragh. Efforts by the Turf Club to remedy the position by the application of fertilisers have not been successful because the resultant improvement in the pasture has simply made the area concerned more attractive to the sheep, and the Racing Authorities have urged that inclosure of the racecourse area is the only solution. They have undertaken to secure the surrender of a number of sheep-grazing rights commensurate with the area sought to be enclosed (about 850 acres) on the basis of approximately two grazing rights to the acre and they hope to have this done as a matter of urgency so that they may prepare the race track for the 1962 Irish Derby which, as Deputies will be aware, is expected to be the best endowed horse race in Europe.

Taking the Bill section by section: Section 1 is the usual "definitions" section. Section 2 vests in the Minister for Defence the parts of the Curragh not already so vested. In 1957 the Camp area was vested by Deed of Conveyance in the Minister for Defence by whom that area is administered but the Blue Lands and Green Lands are still vested in the Minister for Finance and administered on his behalf by the Commissioners of Public Works. Two of the Commissioners fill the offices of "Ranger" and "Deputy Ranger" for the purposes of the old Acts. Following the vesting now proposed the administration of the entire Curragh will be a function of the Minister for Defence. The Minister's ownership will be subject to existing leases, tenancies, etc., and to the rights of way, rights of common of pasture and other rights specified in the 1870 Act.

Section 3 is a re-enactment, in modern terms, and with minor adjustments, of the part of the 1868 Act governing the use of the Camp area for military purposes. Similarly, Section 4 specifies, in modern terms, the uses which the Minister may make of the Blue Lands for military purposes. The powers of the Minister under Section 34(1) of the Defence Act, 1954, are limited by this section inasmuch as the erection of permanent buildings on the Blue Lands is prohibited. This limitation derives from the fact that the right of common of pasture extends over the Blue Lands. Section 34(1) of the Defence Act, 1954, provides that the Minister for Defence may use any land vested in or occupied by him for such purposes connected with his powers and duties under that Act and in such manner as he thinks proper.

Section 5 prescribes the uses which the Minister may make from time to time of the Green Lands. The Green Lands are the main sheep grazing area and while, as I have already stated, the 1868 Act gave the British Secretary of State for War some rights over these lands, his powers in regard to them were much more limited than in the case of either the Camp or the Blue Lands.

Section 6 provides for the lodging of copies of the new "deposited map" in the Central Office of the High Court and in the local Circuit Court Office, where they will be open for inspection by the public. It also deals with the purchase of copies of the map referred to.

I propose to move on the Committee Stage an amendment to subsection 4 of this section to secure the deletion of the words "with the approval of the Minister", as I feel that such approval should not be necessary. Section 7 enables sewers, drains, cables, pipes, etc., to be laid as necessary on or under the Curragh and also deals with their maintenance. The corresponding section of the 1868 Act, which was confined to sewers and drains serving the Camp is being broadened in scope in order to meet present-day requirements.

Section 8 enables the Minister to remove or permit the removal of gravel, clay, turf, etc., from the Curragh as occasion demands. Section 9 exempts the county roads on the Curragh from the operation of this Bill save in the matter of vesting (Section 2), the power to close the county road through the Camp in any emergency (Section 3) and the power to lay sewers, cables, pipes, etc. (Section 7).

Section 10 acknowledges and preserves the rights of common of sheep grazing over the Blue Lands and Green Lands making it clear that those rights do not extend to the Camp or to other parts of the Curragh leased or let for special purposes. Examples of the latter are the site of the racecourse stand and paddock, the Drogheda Memorial Hospital, the sheep-dipping station at Ballymany and some houses, stables, gardens; etc., which do not in the aggregate occupy a significant proportion of the Curragh area.

Section 11 which, as I have said, is one of the most important sections of the Bill enables a part or parts of the Curragh to be enclosed and fenced to the exclusion of sheep but the exercise of this power is made contingent on the prior voluntary surrender and extinguishment of grazing rights commensurate with the area proposed to be enclosed. At present the number of sheep (7,957) for which rights exist is somewhat less than twice the number of acres available for grazing in common.

Section 12 provides for the publication of notice in the Press of intention to inclose, specifying the area concerned and the date from which the inclosure will operate. I propose to move an amendment to this section on the Committee Stage providing for the deletion of the words "the Minister proposes" and the insertion in lieu thereof of the words "it is proposed". The purpose of this amendment is to bring the section into line with subsection (1) of Section 11.

Section 13 enables the Minister to exclude or authorise the exclusion, temporarily, of sheep from parts of the Curragh while race-meetings, carnivals, exhibitions, competitions or other such functions are being held. Section 14 preserves existing contracts, agreements, leases, tenancies, etc. Similarly Section 15 provides for the continuation of legal proceedings which may be pending.

Section 16 enables the Minister to make bye-laws in relation to the Curragh and provides for penalties in respect of breaches. It may seem to Deputies that the maximum penalty proposed (£20) is rather heavy for breach of a bye-law but experience has shown that the existing maximum of £5 prescribed in the original 1868 Act bye-laws is quite inadequate as a deterrent against unauthorised grazing. The existing bye-laws will continue in force until new ones can be made.

Section 17 repeals the 1868 Act completely and Sections 4, 5 and 6 of the 1870 Act. The other sections of the 1870 Act are retained in order to keep in force the award scheduled to that Act, which constitutes a statutory record of the grazing rights. Section 18 is the usual expenses section and Section 19 is simply the short Title.

Mr. Sweetman

We, of course, accept this Bill but there are certain things in relation to it that require a little clarification. The Minister said that the lands had been conveyed to the Minister for Defence by a conveyance in 1957. I am not quite clear by whom they were conveyed. That is of importance because, as far as I can see, there is nothing in the Bill to give to the Turf Club, or to the racing authorities, any rights in respect of any part that may be inclosed except the right to exclude sheep from pasturing. The right of sheep to pasture is, of course, a statutory right under the Acts of 1868 and 1870. It is not much advantage to the Turf Club, however, to be enabled to keep sheep off the pasture, unless they are also properly empowered to keep trespassers of other kinds off the gallops as well. It is important, therefore, to know exactly how the conveyance of 1957 vested the complete ownership of the whole Curragh lands in the Minister for Defence so that the Minister will have the right to make a lease, or otherwise, in relation to these lands.

As stated by the Minister, Section 11 is the important provision in the Bill. The remaining provisions are merely tidying up and are, with one exception to which I shall refer in a moment, merely modernising, so to speak, old legislation. The additional area the Minister is taking into the Brown Lands of the Curragh is not of any great consequence, though I think it is about 18 to 20 acres and with the 99 acres already taken in under the Act of 1868, it does not make a very large difference.

It does occur to me, looking at the map that has been deposited, that certain things have been done in relation to the Blue and the Green Lands on the Curragh in years past for which there was no statutory right or permission and I think all Governments have been guilty of breaches in that regard. The planting that has been done on the Curragh on the Green Lands was not authorised by the old Acts and, I think, was probably in breach of the provisions of those Acts. Be all that as it may, the amount that is being taken off the Brown Lands on the Army Encampment to provide access to the sewage farm does not seriously affect the rights of grazing on the Curragh.

So far as permission to inclose is concerned—this is included in Section 11 — I think it desirable that there should be something more definite in relation to inclosures. The section is purely one which enables the Minister to make an Order and leaves him in the position in which he is the sole judge of what grazing rights should be extinguished in respect of the lands being inclosed. Would it not be more satisfactory to lay it down as a matter of statute, keeping to the basis in the old Acts that two sheep claims should be extinguished for every acre inclosed? I think a specific and definite statutory provision would be better than the somewhat vague one in the section.

Neither am I very clear in relation to Section 13 about temporary inclosure. Is that to apply only to the holding of events in or around the camp or is it intended to give permission to lay out a car park outside the area that will be inclosed on a race meeting day such as the race of next year? That temporary right could, in certain circumstances, have a very considerable affect on the grazing and I think the owners of those rights are entitled to some assurance in that respect. We can deal with it in more detail on Committee Stage.

There is also the question, which must be answered by the Minister most categorically either now or on Committee Stage, of the pretty serious controversy that has arisen on the Curragh in the past couple of years since the Commissioner for Valuation, for the first time since 1870, returned the grazing rights on the Curragh. The grazing rights were returned on a basis per sheep claim and while the Commissioner of Valuation did make that assessment, there was, on the other hand, a certain suggestion, which has been rejected so far, that instead of dealing with it on that basis, it could be dealt with on a basis of the valuation of the whole land of the Curragh being divided among the sheep claims rather than that the individual claims be valued.

If a certain part of the Curragh is inclosed and if certain claims are extinguished and if the valuation is struck by reference to the total of the proportion divided, then the valuation on the remaining claim owners will be very much higher than at present. I am perfectly certain that the view of the Valuation Office is that it is the individual claims that must be valued, but I happen to know that there was a suggestion made by another party interested in the valuation from the point of view of the rates that that was the wrong basis. I think we must therefore get the basis clearly established once and for all.

The second thing to do, if part of the Curragh is enclosed, is to ensure that the part so inclosed is valued in the ordinary way and the valuation attributed to the occupier — the Minister or anybody else—so that the valuation formerly on the claims will be extinguished. There is some anxiety in that respect and I would ask the Minister specifically to allay that anxiety.

In relation to Section 16, there is a general practice that when bye-laws include penalties, as this one does, such bye-laws are laid on the Table of the House. It has grown up over the years that where a bye-law does include a penalty, it is a matter of course that the members of either House have the right to negative the effect of such bye-law or the penalty arising from it by resolution of either House in the ordinary standard form to which we are accustomed.

The Curragh, as the Minister rightly said, has been long known for racing and it is a matter for congratulation on all sides that the Irish Hospitals Trust have been so outstanding in their generosity and in their enterprise in sponsoring the Derby race next year which, as the Minister said, will probably be the richest race in the world. Everybody will join in helping to do anything necessary to ensure that that race will be the greatest success it can be made and in so far as the matter is brought forward now for the purpose of getting it settled at an early date, I can assure the Minister of the full co-operation of this Party.

Apart from the inclosure of the racecourse itself, there is the question in relation to the gallops. It is clear that the Minister has in mind in certain circumstances gallops other than those on the racecourse itself which might be inclosed. Such inclosures would have to be made in such a way that the free passage of sheep to and from other parts of the Curragh would not be affected. The Minister in bringing this Bill to the House, no matter how laudable may be the purpose of Section 11, has missed a very great opportunity. We are all doing our best to see that agricultural production is increased and it is a tragedy that a bad advertisement in regard to State lands should exist along the main road to the west and south-west for everybody driving on that road to see. It is not generally realised by the people who do pass from other counties how bad the land of the Curragh is. Some of it is extraordinarily bad land and very difficult to improve, but no matter how bad it may be, the disfiguration and the bad advertisement given by the amount of gorse and furze all over the place is, in my view, something that needs to be dealt with as a matter of urgency.

It is quite clear that the improvement of the lands in the Curragh is not something that would in any way affect the training of racehorses or the gallops for that training. I know certain people who tried to make the suggestion before the last general election that when I set up a committee for the purpose of seeing how the land on the Curragh could be improved, what I was trying to do was to prevent racehorses being trained on it. Of course that was a complete fabrication. The Curragh as it is at present is capable of some improvement and there is a national duty on all of us and particularly on a Minister of State to try to ensure that any land over which he has rights will contribute the maximum to the national pool and, secondly, that it will not act as a source of disedification to anyone who goes through the Curragh. I hope therefore the Minister now that the Curragh is being vested in him will ensure that something is done at least to eliminate the existing bad advertisement.

Perhaps the Minister can tell us what has been done by the committee set up by Deputy Dillon when he was Minister for Agriculture in connection with the improvement of the Curragh lands, an improvement that would be for the benefit of all who are involved in the Curragh, sheep owners, race-horse trainers and the very large number of people employed throughout mid-Kildare by those associated with the horsebreeding and horse-racing industry. While the horsebreeding industry is not itself directly connected with the Curragh which we are discussing here, there is no doubt whatever that the propinquity of the headquarters of Irish racing does have some effect in grouping stud farms in the vicinity of the plain. The amount of employment being given by that is considerable. So far as horse breeding is concerned, there is quite a substantial export trade for us and we could say that racing is the shop window of horse breeding. Section 11 of this Bill, while being fair to sheep owners on the one hand, will also ensure that the racing on the Green Lands there can be extended and improved and we hope that by doing that this year, it will mean that next year's race will be a great success.

Mr. Dooley

I am glad that steps are being taken to unify the administration of the Curragh. The present system of divided control between the Office of Public Works and the Department of Defence is altogether too cumbersome. The Curragh is a most important property in the economic life of County Kildare. It holds a unique position in the country; in fact it contains our principal military establishment, the headquarters of the racing industry, while at the same time being subject to the rights of common of pasture. It does not need any words of mine to convey the importance of the racing industry to the country to our exports and the amount of employment given in our county. It is a considerable asset and anything that can be done to comply with the wishes of the Turf Club in connection with next year's big race should be done.

Over the years since the passing of the earlier Acts of 1868 and 1870, the character of the lands of the Curragh has changed, those lands referred to as the Brown Lands, the Green Lands and the Blue Lands. In this measure, the Green Lands will be further reduced but at the same time grazing rights are preserved. However, while the amount of land per sheep may seem adequate, it is very doubtful if there is an adequacy of pasture.

As Deputy Sweetman has pointed out, there has been criticism of the fact that no efforts have been made to maintain or improve the fertility of the land. I agree with him that parts of those lands are so bad as to be almost useless. It seems that in regard to the fertility of the grass lands of the Curragh, what is everybody's business is nobody's business. The State, not having the responsibility of maintaining the fertility of the land, does nothing about it and the sheep owners, I suppose, are not free from blame either, because throughout the years they have been satisfied to take the land as it was and have made no effort to improve its fertility. While it is a fact that the State does not get any revenue from the grazing, it is only right that the State should prepare a scheme that will not alone maintain but improve the fertility of the land.

Section 11 is the important provision in the Bill where the right of inclosure is taken. To take the right of inclosure where you also have right of common of pasture is, I suppose, a very important step and one that might not be looked upon with approval by some of the claim holders on the Curragh. The safeguard in the section as to the manner in which the rights are to be acquired seems to me to be reasonable. Paragraph (b) of subsection (3) of Section 11 says:

A right of common of pasture shall not be extinguished, altered or modified under this subsection without the consent of the person to whom the right belongs.

That is reasonable and will ensure that the rights can be acquired only where the person to whom the right belongs consents.

I would ask the Minister to have another look at Section 8 before the Committee Stage. I understand the corresponding section in the 1868 Act limited the purposes for which sand, gravel and similar substances might be removed to the maintenance of roads and other purposes connected with the camp. In the Bill there is no such limitation and I would ask the Minister to have a look at the section again to keep it in line with the provisions of the 1868 Act.

I hope when the Bill is enacted the Minister will look to the matter on which I spoke earlier, that is, the fertility of these lands and, if it is not possible for him under existing legislation to do anything about the fertility of these lands, I would urge upon him, if necessary, to introduce legislation to deal with that matter.

Mr. Norton

I suppose the main purpose of introducing this Bill is to enable the Minister to have the lands vested in him, and at the same time, to put into operation Section 11 which enables him to inclose parts of the Curragh which are now comprised in the Green Lands. As I understand the position from the Minister's speech, he proposes, in agreement with the Turf Club, to inclose about 850 acres of land over which there are sheep rights at the present time, the sheep rights being two sheep to an acre of land, and that the Minister hopes that these rights will be acquired, presumably by the Turf Club, and extinguished by the Turf Club in order to enable these inclosed lands to be brought into use or to be used in some particular way in connection with next year's Derby.

Mathematically, that looks all right in as much as if there will be 850 acres left for common grazing at the Curragh Camp there will be also 1,700 sheep fewer to graze there and the balance is available for grazing sheep on the basis of the old calculation of two sheep to an acre but I should like to find out from the Minister what exactly is the purpose of inclosing this large area of Green Lands. Under the Bill, the Minister can have it fenced or he can fence it himself. On the assumption that it is fenced, what is it proposed to do with the lands that are fenced and which will be immediately contiguous to what is known as the outside portion of the Curragh racecourse? Eight hundred and fifty acres is a large area. Is it to be used for gallops, for training horses or in what way will it be used in association with the future use of the Curragh as a racecourse or will it be used in any specialised way in connection with the Derby of 1962? I should like the Minister to clarify that point.

I would draw the Minister's attention to the fact that from time immemorial that side of the Curragh Camp has been utilised by soldiers, their wives and their children as a place of vantage from which to see races on the Curragh. On a race day at the Curragh Camp one can see the soldiers, their wives and families moving from the military encampment across the field into the Green Lands and going up to the railings and watching the horse racing there. Are the rails to be fenced off in future and are those people who have been trekking towards what is called the outside of the race course not in future to be able to get to the outside rail as they have done since horse racing started there or may we take it that, even if the lands are fenced off, somehow or another arrangements will be made to allow those local people, with whom I am particularly concerned, to gain access to that portion of the racecourse in such a way as not to deprive them of what they have come to recognise as a right of way?

The Minister should clear up that point. I do not think a situation should be created in which soldiers, their wives and families and local people who cannot afford to go into a reserved enclosure should be denied an opportunity to watch the races from outside from the vantage point which they have come to recognise as their special privilege by long usage over hundreds of years.

Other Deputies have spoken about the renovation of the lands at the Curragh. If one wanted to visualise land to which the description of derelict and neglected could be applied one would finish with something like the Curragh Camp. That is what the Curragh Camp looks like. Many parts are completely overrun with gorse and furze which spreads over a larger portion each year. Nothing seems to be done to stop the advance of the gorse, furze and fern which appears to grow at random. Judging by the progress it makes annually, one would think it was a kindly-tended plant. It continues to make this horrible progress all over the place. Tourists and our own people travelling on the main road would get the impression that that was the way land is used in Ireland. I venture to say one would travel all of Europe and not find a spectacle such as the Curragh Camp. Steps should be taken to get rid of the furze and scrub that has been allowed to thrive on the Curragh Camp as if it were a sacred plant.

The condition of the lands is equally appalling. Sheep are not very difficult to please in their diet when they graze on some parts of the Curragh Camp. It is obvious from the matted, tough condition of the grass that these are sheep-sick lands. No effort has been made to put back nutriment into the soil and year after year the lands present the same neglected appearance. I know, of course, that divided responsibility has not made for better or more efficient administration, and the fact that there are rights there which are pretty difficult things to invade also causes certain kinds of difficulty in getting, perhaps, the necessary co-operation, but something should be done in the way of getting rid of the scrub timber on the land and at the same time, fertilising the land so that it will give a better return than the sheepowners are getting from sheep-sick land today.

I should like to ask the Minister what the position is likely to be in respect of acquisition by the Turf Club or the Minister of these sheep grazing rights. I take it that only such portions of the Curragh as are covered by rights will be inclosed. In other words, you will inclose only such portions as you have rights to cover. Is it intended that the Turf Club should get those rights from the trainers? Is it hoped that that transaction will be completed in time to allow the land to be used for whatever purpose in connection with the 1962 Derby?

While I am on that point, I should like to pay tribute to the Hospitals Trust for their magnificent generosity in specially endowing the Derby of 1962. That already has had the effect of calling attention to the fact that there is a very live racing industry in Ireland. It will help further to publicise our valuable bloodstock industry, and I hope that between now and the time the race is held, the publicity which will be beamed on the value of the race, thanks to the Hospitals Trust will serve to popularise the Irish market as a place where people can get reliable bloodstock which can hold its own with the best available in the world.

Mr. Cosgrave

I suppose a Deputy from outside Kildare may appear to some extent to be an intruder in speaking on this Bill, but as one who visits the Curragh at periodic intermittent intervals, I suppose I can say a word on it.

I believe this Bill is designed to achieve a twofold objective. One is to enable unified control to be exercised by a Minister or a single Department, in contrast with the dual control which has existed. At any rate, as the Minister said, since 1922, the Department of Defence and the Department of Finance both have had responsibility for certain aspects of the administration of the Curragh. The second objective is to preserve the existing rights, and particularly the rights of common pasturage in respect of the Curragh, while at the same time enabling the Minister to issue a licence to the racing authorities which will ensure that, if necessary, an extended portion of the Curragh may be inclosed for the purpose of enabling the land and the grass there to be properly treated with a view to making it fit to race on in a particularly dry year.

Attention has been directed to the fact that the state of fertility of the Curragh is not up to the standard to which it should be. That is undoubtedly true even to the casual observer, but it is also true that in order to bring it to the state of fertility, it may be necessary to enclose portions of the Curragh for quite a period. If the Curragh is to be treated as I believe it should, it will undoubtedly mean that because it will have to be done on some sort of strip basis, or portions at a time, certain restrictions on grazing will be required for limited periods, which I believe will be in the general interests of the graziers concerned. Fertility will be raised but some restrictions will be necessary.

As has been said, next year the Irish Sweepstakes Derby will be one of the largest, if not the most valuable race in Europe. It is expected that runners from other countries as well as this country will compete. In order to maintain the very high reputation of Irish bloodstock, which is of great value to the national economy, and which provides employment dispersed over a wide rural area, it is necessary to ensure that the premier flat racecourse of the country will measure up to the very highest standards.

The racing authorities have had the right in respect of a certain area to fence it off and control it. As I understand it, the proposal is to extend that area and to ensure that no matter what the conditions are—if the year is a particularly dry one—sufficient coverage will be provided to enable horses to race in proper conditions. On the other hand, if, as has happened, we have a wet year, it is an advantage to have an alternative track. Indeed, on occasion, part of the Curragh track has been fenced off. In recent years we have had the experience of an extremely wet year being followed by a very dry year.

Quite recently, there was criticism in racing and sporting papers, and indeed criticism by some of the most eminent writers on horse racing, of conditions elsewhere. Attention was directed to the need for watering and other facilities. The Curragh racecourse enjoys an extremely high reputation. Arrangements are being made, as a result of the very generous contribution being made by the Hospitals Trust, for next year's race. I hope the proposals envisaged in this Bill can be implemented speedily enough to enable full advantage to be taken of the opportunity which presents itself and the necessary arrangements to be made.

This matter has been the subject of consideration in the Office of Public Works for some considerable time. I know from personal experience that the Racing Board discussed the matter with the Commissioners of Public Works at least 18 months ago when the project was first considered. Since then, this legislation has been drafted. I feel that tribute should be paid to the officials of the Office of Public Works, and to the draftsman, for the work that has gone into the preparation of this legislation which was not exactly easy. It has been found possible to frame a measure which unifies the control and places it under the care of the Minister for Defence and, at the same time, maintains existing sheep rights on the Curragh.

In considering the very great contribution which this newly endowed race will provide, it is appropriate that a tribute should be paid to the work of the Racing Board and particularly to the work of Mr. Joseph McGrath who is sponsoring this effort. They have made a very great contribution to Irish racing and breeding. The reputation which this country enjoys is one which everybody values. Any contribution which the State can make, either directly or indirectly, is one which will reflect credit not only on those concerned but will in turn mean economic benefits for County Kildare and the rest of the country, particularly in view of the world-wide publicity which has been focussed on the race in recent times and indeed on the remarkable quality of Irish bloodstock. The fact that this measure has been introduced is a contribution towards the maintenance of that high standard in the future. I hope it will be possible to make arrangements which will preserve existing rights and at the same time enable steps to be taken to ensure the success of the Curragh race next year.

Mr. K. Boland

I should like to associate myself with the appreciative remarks made by Deputies on the action of the Irish Hospitals' Trust in so generously endowing next year's Irish Derby. As Deputies said, the racecourse is the shop window of the bloodstock industry. There is no doubt that a classic race of international significance should do a considerable amount to improve the already high opinion in which the Irish horse is held throughout every part of the world where good horses are appreciated.

I feel that this Bill which will facilitate the holding of that race, is of importance. The Curragh, as the headquarters of Irish racing, is very important to the whole bloodstock industry and it is impossible to assess the contribution which the Curragh itself makes to the breeding of horses in every part of the country. It is a very important industry and it earns a very considerable amount through exports.

There were a number of points raised by Deputies. The principal point mentioned by everybody who spoke was the desirability of raising the fertility of the Curragh. There can be no doubt that the present standard of fertility of the Curragh is very low, as Deputies said, and that it could be raised. The committee, to which Deputy Sweetman referred, has been studying this matter and I understand that a draft report on the problem is actually ready but that the passing of this Bill may affect it and accordingly it has been held over until the Bill will be enacted.

Deputies will understand that the problem of improving the fertility of the land at the Curragh is a complex one. As Deputy Sweetman knows, the terms of reference of the committee were to produce a scheme by which that could be done without ultimate cost to the Exchequer. Deputy Cosgrave mentioned some of the difficulties that would arise in raising the fertility of the Curragh and that it would probably be necessary to inclose temporarily certain portions of it in rotation. However, I do not want to anticipate the report of this committee as it is obviously a complex question but I hope that it will be possible to tackle it. It will, of course, be a long term procedure.