I move "That the Bill be now read a Second Time."
I am pleased to bring this Bill before the House, following its passage last week in Seanad Éireann. It is a small but significant Bill, the primary purpose of which is to permit the Environmental Protection Agency to establish its permanent headquarters on a site at Johnstown Estate, Wexford. This estate is currently vested in Teagasc but, under existing legislation, a suitable site cannot be sold or leased to the Environmental Protection Agency. The Bill proposes to amend the legislation governing the use of the estate in order to give Teagasc the necessary powers to lease a site to the agency.
In association with the decentralisation programme announced in June 1991, the Government decided to locate the headquarters of the Environmental Protection Agency in Wexford. The possibility of using Johnstown Castle as the agency headquarters was considered by the Government but, following a detailed survey of the building by the Office of Public Works in 1993, it became clear that its internal dimensions would not accommodate the agency's requirements. The five directors of the agency and up to 80 staff will be based at headquarters, but the castle would only accommodate a maximum of 50 people. Having reviewed all the alternatives, the Government decided in June 1995 that new purpose-built accommodation on a site in Johnstown Estate was the best option.
Johnstown Estate is situated about four miles south west of Wexford town. It comprises the fine 19th century Gothic revival castle and a demesne of approximately 1,000 acres of land, including ornamental grounds, gardens, lakes and woodland. The estate, as we know it today, remained in private ownership up to 1944 when the then owners, Dorothy Violet Jefferies and Maurice Victor Larkin, made a gift of it to the nation. By any standards, this was a generous gift for which we are indebted to the donors and their family. The agreement under which the gift was accepted is incorporated in the Johnstown Castle Agricultural College Act, 1945. The property was to be used as a lay agricultural college; the ornamental nature of the gardens and pleasure ground were not to be altered; ornamental timber was not to be felled, and sporting rights and rights of way were reserved to the donors and their heirs.
In 1959, amending legislation was enacted to transfer ownership of the entire estate from the Minister for Agriculture to An Foras Talúntais and to extend its use as a lay agricultural college to include the conduct of agricultural research. The Johnstown Castle Agricultural College (Amendment) Act, 1959 also included a provision which precluded An Foras Talúntais from disposing of any part of the estate and introduced additional caveats regarding any proposed alteration, demolition or construction works in or around the castle. During the 1970s, it was recognised that this absolute statutory prohibition on any disposal had proved to be unduly restrictive and that no response could be made by An Foras Talúntais to locally desirable initiatives.
The Johnstown Castle Agricultural College (Amendment) Act, 1980 made provision for the disposal by An Foras Talúntais of a number of small, designated areas of land to meet requests from various local interests, including Wexford County Council. It also included a general provision for the leasing of part of the estate by the State. However, this general provision does not permit the leasing of a site to the Environmental Protection Agency nor can a valid sub-lease be provided from the State. Remaining areas from the land designated for disposal under the Act are not suitable for purposes of the agency headquarters.
In 1988, An Foras Talúntais was dissolved and Teagasc was established. Under the provisions of the Agriculture (Research, Training and Advice) Act, 1988, ownership of the Johnstown Estate transferred to Teagasc, subject to the same conditions of use and limitations on disposal. The estate is currently used by Teagasc as a research and development centre specialising in soils and environmental research. The environmental programme at Johnstown is concerned with the creation of a scientific and technical basis for good farm practice and is aimed at the protection and sustainable management of soil and water, two of our key natural resources. The work carried out by Teagasc at Johnstown and the functions of the Environmental Protection Agency will complement each other and confirm Johnstown as a centre of environmental and agricultural excellence.
This Bill is straightforward. It provides that the existing use of the estate may be extended to enable Teagasc to lease a site to the Environmental Protection Agency and to dispose of a limited area for use for environmental, heritage, amenity or recreational purposes. It also eases the restriction on Teagasc with regard to disposal of land under section 27 of the Agriculture (Research, Training and Advice) Act, 1988, to enable the extended uses to be undertaken. In preparing the legislation, the Attorney General has carefully considered the legal issues arising from the special status of Johnstown Estate and the special status afforded to it under various legislation since 1945. Both original donors are now dead, but I have notified the legal representatives of their heirs of the Government's proposals.
I wish to confirm to the House that the rights reserved to the donors in perpetuity in the original agreement, that is, the sporting rights and rights-of-way, have been recognised from the outset in preparing my proposals. These rights, and the additional caveats to which I referred, will be respected by Teagasc in any proposed sale or lease of part of the estate under the provisions of the Bill. I have assured the legal representatives of the donors' heirs that they will be consulted in appropriate cases.
Johnstown Estate is a prestigious and impressive setting and the unspoilt beauty and quality of its grounds is the epitome of environmental excellence. Location of the Environmental Protection Agency headquarters there will underpin the status and visibility of the agency as the guardian of our environment. The enactment of the Environmental Protection Agency Act, 1992, and the establishment of the agency in July 1993 are widely recognised as milestones in the development of our environmental management and protection capabilities.
A progressive build-up of its resources has ensured that after two and a half years in existence, it is fully operational in terms of the range of functions assigned to it under the 1992 Act. This year, the agency's overall budget will be almost £8 million. It will intensify its integrated pollution control licensing function, publish its first comprehensive state of the environment report and take on substantial new functions under the Waste Management Bill, when enacted. In addition, the agency is increasingly active in the monitoring of environmental quality, advising on environmental issues and sound practices, co-ordination of environmental research and supervision of the performance by local authorities of their environmental protection functions.
There are now regional environmental units of the Environmental Protection Agency in Castlebar, Cork, Dublin, Kilkenny and Monaghan, it is time to reinforce the overall development of the organisation by establishing prestigious permanent headquarters in Wexford. There is a strong association between the county and the agency, which has operated from temporary accommodation in Ardcavan, just outside Wexford town, since 1994, and I am satisfied this Bill will enable the right decision on the agency's permanent location to be implemented.
I am taking the opportunity presented by the Bill to propose a new provision to ease the statutory prohibition on the disposal of any part of the estate which was introduced in 1959. The limited disposal provision which was made in the 1980 amendment Act worked well in terms of a number of specific initiatives and requirements which were known when that legislation was drafted. However, other than by way of lease to the State, the existing provisions lack flexibility as was seen over time. There is no basis upon which Teagasc can accommodate locally desirable activities and proposals, which could bring the estate into a beneficial relationship with the local community. Teagasc has received requests from local interest groups — this will be known to the Deputy opposite — for some limited access to land in Johnstown, which would have broad public support in the locality, but, under existing legislation, it has had no option but to refuse.
To overcome this, a modest, more general disposal provision has been included in the Bill. This is purely an enabling measure and it will be a matter for Teagasc to determine individual cases. Disposals under the proposed provision will be restricted to environmental, heritage, recreational or amenity uses, and subject to an overall threshold of 5 per cent of the area of the estate at the commencement of the legislation. In addition to these specific conditions, Teagasc is required, under the Agriculture (Research, Training and Advice) Act, 1988, to obtain the approval of the Minister for Agriculture, Food and Forestry for all disposals of land. This requirement will apply to any disposals at Johnstown under the provision now proposed.
The significance of the Bill should not be judged by its limited size. Its enactment is an important step in finalising the operational framework of one of the State's most important structures, the Environmental Protection Agency. The agency is entrusted with the protection of our natural environment, not only for our benefit, but for the benefit of future generations, and it is now widely recognised as one of our most important national bodies. As such, the House will agree with the provisions of the Bill which will provide suitable headquarters accommodation in the appropriate setting for the agency.
Enactment of the Bill is also important for Johnstown Estate and the people of Wexford. The existing and proposed new uses will complement each other and the enhanced use of the estate in the key areas of agricultural development and environmental protection will elevate the already high standing of Johnstown, both locally, nationally and internationally. I heartily commend the Bill to the House.