asked the Minister for Transport and Power if he has referred to Kerry County Council the question of the measures to be taken to protect the coastline at Ballybunion; and, if so, why his Department did not deal with it.
20.
Ceisteanna—Questions. Oral Answers. - Ballybunion (Kerry) Coast Protection.
19.
asked the Minister for Transport and Power why he has not made an order pursuant to section 6 of the Foreshore Act, 1933, prohibiting the removal of beach material from the foreshore adjoining the property of Ballybunion Golf Club, County Kerry.
21.
asked the Minister for Transport and Power if he has personally inspected the appalling damage done to the coastal land comprising part of Ballybunion Golf Club, County Kerry; and, if not, if he will arrange to do so.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 19, 20 and 21 together.
In 1932 an order was made by the Minister for Industry and Commerce under the Harbours Act, 1814, which was the relevant statute at that time, prohibiting the removal of beach material, including sand and gravel, from the seashore at Ballybunion. In 1973 the Circuit Court upheld an appeal against a decision of the District Court to impose a fine for breach of the terms of the 1932 order. I have been advised that the effect of the judge's ruling is that the order is invalid.
Under section 6 of the Foreshore Act, 1933, I am empowered to make orders prohibiting the removal of beach material from areas of seashore where such removals have endangered or would be likely to endanger public rights, the coastline or lands or buildings in the neighbourhood. It is long-established practice in regard to such orders to make them on the application of the local authority, any other body or a private individual, where they undertake to be responsible for enforcement of the proposed order. In accordance with that practice I asked Kerry County Council in December, 1973, whether they would be prepared to submit an application for the making of a new order in respect of the seashore at Ballybunion and whether they would be prepared to accept responsibility for enforcement. So far Kerry County Council have not replied. Neither has any other body or individual applied to me to have a new order made.
If a firm proposal for an order under section 6 of the Foreshore Act, 1933, is made to me I will be prepared to have the matter dealt with as expeditiously as possible. In considering the making of such orders I take private as well as public interests into account and any objections or representations made to me are fully examined.
I have not personally inspected the condition of the beach or coastal land at Ballybunion but, on the basis of reports furnished to me, they indicate that while coastal erosion is taking place at Ballybunion it has not been established to what extent, if any, the removal of beach material has contributed to the problem.
My responsibility for the control and prohibition of the removal of sand, gravel and other forms of beach material from the foreshore and seashore is confined to the provisions of the Foreshore Act, 1933. The administration of the Coast Protection Act, 1963, under which schemes for the prevention of coastal erosion are undertaken, is a function of the Commissioners of Public Works.
Is the Minister aware that nowadays material is removed by the use of tractor, trailer and modern mechanical methods generally and that it is not the same thing as it used to be with the old horse and cart? If the removal of rocks in particular, as distinct from sand is in any way a contributory factor to the very grave erosion that is going on there at the moment very serious consideration should be given to the exercise by the Minister of whatever powers he has under the Foreshore Act. In view of the appalling damage that was done last winter would the Minister consider making an interim order until such time as the Kerry County Council make their recommendations to him?
I will consider what the Deputy has said but besides making the order I would want someone to oversee it. The Deputy can appreciate that my Department could not, from Dublin, oversee the implementation of an order in this regard in the Kerry region. The Kerry County Council have had sufficient time to make up their minds if they want to apply to have an order made and if they are competent or willing to enforce that order. If they do, I will certainly make the order as expeditiously as possible. I would prefer to have the local authority come to me rather that I should force my will on them.
I thank the Minister. I gather from his reply that an individual or a body could make application to him. Does that mean if the local community council or the golf club applied to the Minister in this matter he would entertain it?
I would certainly entertain it but, as I said in reply, besides making the order I would want to see that it was enforced. I doubt that a golf club, particularly, would be able to do so. Perhaps a community centre would be more in a position to enforce my order than a golf club. The ideal body to make the application and to enforce it are the Kerry County Council. I would like to see them involve themselves in this.
Presumably after the local elections?
They could do so now.