Vol. 405 No. 4
13 Mr. Spring asked the Minister for the Marine if he has satisfied himself that the recent prohibition order signed by him preventing the removal of sand from Ballybunion beach, County Kerry is adequate; and whether such order is enforceable given the existence of an agreement between the Minister and local farmers, signed in 1977, which allows said farmers to remove sand from the Ballybunion beach.
I am empowered under section 6 of the Foreshore Act, 1933 to introduce prohibitory orders in respect of a particular area of foreshore, after which beach material may not be removed other than in accordance with a licence issued by my Department under the Act. A prohibitory order is usually introduced in response to a request from the relevant local authority, although that is not a statutory requirement.
In November last, in response to a request from Kerry County Council, and having considered the matter, I introduced the Foreshore (Prohibition of Removal of Beach Material) (No. 2 Order), 1990 in respect of Ballybunion beach. This order was designed to be more effective than the 1975 Ballybunion Beach Order, which it replaced, by virtue of the more extensive area it covered, and due to its remaining in force throughout the year.
In accordance with the terms of the Act, the 1990 order could not invalidate the foreshore licence granted in 1977 to the trustees of a committee of the farmers of six parishes in north Kerry. This licence authorises the removal of beach material from Ballybunion, subject to certain conditions, and is due to expire on 31 December 1995. I am at present reviewing the operation of that licence in which connection there have been discussions between my Department and local representatives.
I am concerned by reports that those acting under the 1977 licence may be causing serious damage to this fine amenity, and am therefore having its utilisation and impact investigated to determine if its provisions have been breached.
First, let me thank the Minister for his very comprehensive reply and can I assure him that I share the concern he expressed in the latter part of his response at the destruction that is taking place on Ballybunion beach. May I clarify with the Minister whether at the time of signing the most recent order, No. 2 of 1990, in response to the request from Kerry County Council, the Minister and his officials were aware of the 1975 licence? Was the intention at that time to place a complete prohibition on the removal of sand from Ballybunion beach? If that was not the case may I ask the Minister how soon he expects to be able to make a decision, which is necessary to protect this very fine amenity in north Kerry?
I can assure the Deputy that my Department were aware of the licence mentioned in my reply. There were discussions about it in 1974 and 1975 and, finally, the licence issued in 1977.
What I want to say is — and this was made quite clear to the local representatives when we spoke to them — that if I receive concrete evidence that the conditions of the licence have been breached, I will have no hesitation whatsoever in taking effective action. It is important that I have that information and that evidence.
I accept that the Minister appreciates the gravity and serious concern that is expressed at local level. Nevertheless, will the Minister confirm that a deputation of local people sought meetings with him on a number of occasions which have not been granted? Will the Minister meet a deputation of local people as soon as possible? May I ask the Minister if in his capacity as Minister for the Marine he has taken steps or made any inquiries about the abuse of the licence which is taking place in the locality?
I can assure the Deputy that I have made such inquiries and that a deputation of local people has been received in my Department. It is not as if we have been ignoring them. The type of evidence I want is strong evidence, such as affidavits, sworn statements, and so on from anyone who witnessed a breach of the conditions of the licence which was issued in 1977. If I get that I will be able to take effective action and take it quickly.
I am sure the Minister in his own Department is well aware of the difficulties in small villages in this country in relation to similar matters. In his capacity as Minister for the Marine can he initiate some inquiries in relation to the flagrant abuses which are taking place on a daily basis? In fact, the dogs on the streets in Kerry know about it at this stage.
I am aware of how serious the matter is being taken by the people in Ballybunion who have written to me. I intend to nail down this business as quickly as possible.
Deputy Monica Barnes and Deputy Jimmy Deenihan are offering; perhaps they will be brief.
Arising from the Minister's statement I should like to know what efforts his Department are making to secure the evidence and the affidavits which would seem to be necessary? I should also like to say to the local representatives here that nationally we view the removal of sand as a breach of every environmental protection rule. The area in question is one of great beauty and is precious to all of us, even those of us who do not reside in Kerry but who at times have had the pleasure of viewing Ballybunion beach and availing of it. We are talking about a national environmental issue of the highest level.
I agree with the Deputy. Everybody, it seems, has visited Ballybunion. It is not merely the damage to the beach I am concerned about but the down-the-road damage that results to an important tourist town where there is a magnificent golf course. The original idea in granting a licence was to enable people with horse carts to take away some small amount of sand for their own agricultural purposes but now JCBs and so on are removing huge amounts of sand. This simply will have to stop but we have to put in place the proper legal base for stopping it.
I should like to ask the Minister if the Minister who had responsibility in 1977 was aware of the signing of this licence? Also, when the Minister signed the order revoking the 1975 prohibition order why did he not take this licence into consideration? It appears that his Department were not aware of this licence at the time the 1990 prohibition order was made revoking the 1975 order?
It is quite complicated. The objective of the 1977 foreshore licence issued by the Department of Tourism and Transport — as it was known then — was to give effect to an agreement reached in 1974 between representatives of the local farming community, Ballybunion Development Company and Ballybunion Golf Club. There is no question of the Minister of the day or his officials engaging in secret deals. They knew perfectly well what they were doing.
Just one question.
The Chair is in charge of proceedings at this time and wishes to bring this matter to finality.
Is the Minister aware that neither the members of Ballybunion Development Company nor the Ballybunion Golf Club were aware of the 1977 licence? The Minister specifically stated that the objective was to put into effect the order of 1975. Those people were not consulted.
We cannot debate this matter now.
It is a very important matter.
Indeed it is.
I will read out my note here in which I have confidence. The objective of the 1977 foreshore licence issued by the Department of Tourism and Transport was to give effect to an agreement reached in 1974 between representatives of the local farming community, Ballybunion Development Company and Ballybunion Golf Club. There is no question of the Minister of the day or his officials engaging in secret deals as has been suggested.
May I ask a final supplementary?
Certainly, Deputy Spring.
I take it from what the Minister has said that he is genuinely concerned at the danger to Ballybunion beach. Given that what was acceptable in the seventies is not acceptable in the nineties, I would ask the Minister to initiate a course of action to bring this matter to finality. Perhaps he would intervene personally.
Having seen some photographs I can assure the Deputy that I have personally intervened and have instructed my officials to get moving on stopping this abuse.
Question No. 14 please.
I will be very brief.
I think Deputies should respect the Chair when he gives a clear intent on moving on. Though I have allowed numerous questions to be put I will not debar the Deputy.
We are all aware of what a great gem Ballybunion beach is, many of us in the area use it. The one concern I would have in relation to it — with which I am sure the Minister will agree — is that as a result of damage caused to the beach over a considerable period it is likely that what was regarded traditionally as a safe beach, especially for toddlers, by virtue of being level, could become a hazard in the future. I ask the Minister to take action in this matter.
I am aware that the beach did lose a certain flag status and that this resulted in much damage to the economy of the area.
Question No. 14 please.
