Dáil Éireann debate -
Wednesday, 13 Feb 1991

Vol. 405 No. 1

Adjournment Debate. - Flesk Valley (Kerry) Rowing Club.

Mr. Moynihan

I should like to thank the Ceann Comhairle for affording me the opportunity to raise this matter on the Adjournment. At the outset I should like to congratulate Deputy Vincent Brady on his appointment as Minister of State at the Department of Finance with special responsibility for the Office of Public Works.

This matter deals with the serious conflict which has arisen between the Flesk Valley Rowing Club and the Office of Public Works. I want to quote from a letter sent by the Chief State Solicitor to the chairman of the Flesk Valley Rowing Club, a voluntary body. It states:

I act for the Commissioners for Public Works in Ireland who inform me that the Rowing Club, of which you are Chairman, are in occupation of two boat houses, their property, which are situated within the confines of Bourn Vincent Memorial Park at Castlelough Bay. The Commissioners require imediate vacant possession of both premises.

The two boathouses in question are about 150 years old. The Flesk Valley Rowing Club have occupied these boathouses on a continuous basis for 71 years. They have looked after the boat houses and repaired them when necessary. The members of the rowing club have never had any interference in their affairs until this year when the Commissioners for Public Works informed them that they owned the boathouses and asked them to take out a licence. The members of the rowing club contend — this is backed up by substantial local evidence — that when the Bourn Vincent Memorial Park was transferred to the State on 31 December 1932 these boat houses were owned by another person and that this continued for some time after.

The letter sent by the Chief State Solicitor to the chairman of the rowing club asked them to nominate a solicitor who would act on their behalf. These people have no intention of doing this. They have never been in court and they have no intention of getting involved in legal proceedings now. I plead with the Minister to ensure that this document is withdrawn so that dialogue can take place between the State body concerned and this voluntary organisation who have been showing people the techniques of rowing for over 71 years. The people of Killarney view in a very dim light the way in which a State body has, through the legal system, put a gun to the head of this law abiding voluntary body who over the years have let the local community use their facilities. No dialogue has taken place between the two bodies concerned even though a letter has issued from the Chief State Solicitor's Office to the rowing club.

I would suggest that the threatening legal document be withdrawn so that peace and harmony can be restored. In a recent document which was released by the Minister's predecessor in Killarney outlining a major plan for the estate, one of the first objectives was to create harmonious relations with all local communities. I would appeal to the Minister to withdraw the threat to these people and resume dialogue so that a simple difference can be brought to a speedy and satisfactory solution.

Minister of State at the Department of the Taoiseach (Mr. V. Brady)

First, I thank Deputy Moynihan for his good wishes. I hope I will be able to clarify this little difficulty for him.

The boathouses in question are situated in the Bourn Vincent Memorial Park, which forms part of Killarney National Park. The Bourn Vincent Memorial Park, which includes Muckross House and gardens and comprises approximately 4,300 hectares, was given to the nation as a gift by Senator Arthur Vincent in 1932.

Deputy Moynihan will be aware, in his position as a trustee of Muckross House for many years, that the gift was given effect by the Bourn Vincent Memorial Park Act, 1932. The Act obliges the Commissioners of Public Works to manage the property "as a national park for the general purpose of the recreation and enjoyment of the public". All the lands and property contained in the gift were to be managed for this purpose and this implicity required that no part of the bequest could be surrendered or permanently disposed of. The Act did provide, however, that the Office of Public Works could permit the use of areas or buildings within the park to individuals or organisations for particular purposes.

Last year Flesk Valley Rowing Club were in the process of reroofing a largely derelict and disused boathouse close to the boathouse occupied by them. The reroofing of the building was being done with sheeting rather than traditional tiling and was being undertaken without prior notice or permission of the commissioners. This standard of finish would not be acceptable. Furthermore the Office of Public Works could have been held liable for any accidents, which occurred during the course of such works. Indeed, part of the roof apparently below off during the course of the work.

For these reasons the club were informed locally to cease working on the boathouse and they were subsequently advised of this in writing. No response was received from the club but the works continued. Some time later in a telephone conversation, the club claimed ownership of the boathouses. This was not accepted by the Office of Public Works as the boathouses were located within the Bourn Vincent Memorial Park which had been left to the State as a gift. The club were asked to support their claim with evidence of ownership but they have not done so. To this day the club have not responded to any of the Office of Public Works letters. In order to protect their interests the Office of Public Works were left with no alternative than to intitiate legal proceedings.

In the management plan for Killarney National Park which was published last year, the Office of Public Works have undertaken to restore and improve all the existing stone boathouses in the national park on an ongoing basis. They have concentrated initially on boathouses in the Ross Bay areas which is subject to high levels of use for boating purposes by both visitors to the park and by the local community. Already the boathouses at Reen Pier in Ross Bay have been carefully restored to the highest standards. The other boathouses in the Ross Area, as well as the those elsewhere in the park — including those occupied by the Flesk Valley Rowing Club — are intended to be restored and improved as necessary in due course.

The Office of Public Works are of the view, which I share, that this matter can be resolved amicably if the club are willing to accept a licence for the continuing use of the boathouses in question. This was suggested in a reply to a recent parliamentary question on this issue from my colleague, Deputy John O'Leary.

I think the Deputy will agree that this proposal provides the basis for an easy solution to this problem. Certainly the Office of Public Works have no wish to be obliged to pursue this matter by way of legal action. Officials from the Office of Public Works would be happy to meet representatives of the Flesk Valley Rowing Club to seek a mutually acceptable solution to this matter if they so wish. I would suggest to Deputy Moynihan that it may be possible for him to contribute in some way to resolving this problem, which we are all anxious should be resolved.