: I move: "That the Bill be now read a Second Time."
The object of this Bill, is a simple one: it is to permit An Foras Talúntais to sell or lease certain portions of the Johnstown Castle estate in Wexford and generally to lease to the State parts of the estate from time to time if required. This is not possible at present because of the existing legal position.
The estate, comprising about 1,000 acres, was donated to the nation as a free gift in 1944 and acceptance was ratified by the Johnstown Castle Agricultural College Act, 1945.
When An Foras Talúntais were set up in 1958, the estate, with the consent of the donors, was transferred to that body under the Johnstown Castle Agricultural College (Amendment) Act, 1959. The Act precludes An Foras Talúntais from selling or leasing the estate or any portion of it but in practice this has proved to be unduly restrictive.
As a result of requests from various interests for portions of the estate, an amendment of the existing Acts was contemplated as long ago as 1974. However, because of various complications, such as the amounts of land to be ceded and doubts about the necessity to obtain the donor's consent, amending legislation could not be introduced until now.
The specific areas which An Foras are to be allowed to dispose of have been finally determined and marked on the map referred to in section 1 of the Bill and this map has been deposited in the Ordnance Survey Office since 22 September last.
The areas concerned may be summarised as follows: 13.75 acres to Wexford County Council for housing and road-widening; 4.75 acres to the Meteorological Office; eight acres to St. Martin's Hurling Club and 11.5 acres for possible future disposal; these being mainly cottages and gardens on the estate, which tenants may wish to buy, and some small sites which will be cut off from the estate by the new roadway.
On the question of the donor's consent, the Attorney General's advice was that this was necessary only in the case of the sale of lands to the county council as the housing development might involve some restriction of the reserved sporting rights. In all other cases, including the general power to lease to the State mentioned in section 2 of the Bill, the consent of the donor was not required subject to the preservation of the sporting rights and the rights of way.
An Foras have obtained the consent of the donor in connection with the proposed sale of lands to the county council, thus leaving the way clear for the introduction of this Bill.
By way of explanation, the inclusion in section 2 of the general power in future to make leases to the State—for example in the case of a request for a site like that from the Meteorological Office referred to earlier—is to avoid the need for similar legislation at a later date. At the same time the power is sufficiently narrow to ensure that there is no danger of the wholesale erosion of the estate as a single entity. Such a development would, of course, be at variance with the spirit of the donation and acceptance of the lands as a free gift to the nation.
I have no doubt that Deputies will agree that this measure is a non-controversial one which should enjoy the support of all sides. I commend the Bill to the House.
