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Dáil Éireann debate -
Tuesday, 18 Apr 2000

Vol. 518 No. 3

Adjournment Debate. - Special Areas of Conservation.

A beautiful woodland area known as Mullaghmore plantation is very much a feature of the approach to Mullaghmore. It runs parallel to the approach road to the village and extends to approximately seven to 10 acres consisting mainly of sycamore, ash, willow, alder and some whitethorn. This area of mature deciduous woodlands was originally planted as a windbreak or shelter-belt. In the spring the leaves cover this woodland, thus adding to the magic of the area covered in a carpet of flowers with birds building nests. It acts as a screen as one approaches the village of Mullaghmore and it is important that the visual quality of the approach to the village should be preserved.

Woodlands represent an important asset for the development of Mullaghmore as a tourist attraction. The village boasts a fine harbour, a safe beach with blue flag status, with mountains on one side and wonderful woodland on the other. This woodland provides a home for an entire world of birds and other wildlife. It is a peaceful environment with an air of tranquillity and silence. This plantation took generations of hard work to make it as we have it today to enjoy it. Previous generations have maintained it and handed it on to the people of Mullaghmore in good repair. The major concern is that we must protect what is there for future generations.

In the Minister's reply to Parliamentary Question No. 151 of 6 April 2000, she indicated that Dúchas, the heritage service, regards it as a special area of conservation and that she had moved initially to ensure that damaging works would be stopped. Works are, however, still on-going on this estate and the Minister indicated she was considering further action, including possible restoration of the site or prosecution if appropriate.

The building of Classiebawn Castle at Mullaghmore was begun by Lord Palmerston, then Prime Minister of England, and was completed by his step-son, Lord Mount Temple in 1874. The castle was built entirely of stone brought by sea from Donegal and the estate covers almost 1,000 acres. Lord Palmerstown also built a harbour at Mullaghmore and imported marram grass plant from India. He planted this special grass seed along the entire coastline to keep the sand dunes from moving and to stop coastal erosion.

The area marked 'commonage' on the map, a copy of which I can give the Minister later, is not part of Classiebawn Estate. Here the sand dunes are undisturbed. However, a significant number of the sand dunes and trees of Classiebawn Estate have been levelled and destroyed and the area now resembles a desert. This destruction can never be repaired. There is serious concern regarding the sand dunes, the fine trees being felled and the major threat from the slurry tanks on the estate. People are extraordinarily concerned by the apparent lack of controls.

In relation to the Minister's reply to Parliamentary Question No. 151 of 6 April, is the felling of trees taking place in an area of special conservation? Is the owner of the estate entitled to continue the indiscriminate felling of trees that is taking place?

Mullaghmore, as the Minister may know, is a beautiful part of County Sligo. From 1950 the Mountbatten family holidayed annually at Classiebawn estate. It is a major tourist attraction and people love to visit it but it is very much disturbed. For generations it was an estate to which people had free access but now, to the annoyance of the population of Mullaghmore, the destruction of the sand dunes continues. The Minister alluded in her reply to ‘possible restoration of the site'. Perhaps she might elaborate as to what she meant.

I appeal to the Minister to examine this issue which is of major concern. It is an historic building and estate and gives a sense of pride to the people of Mullaghmore since the time the Mountbatten family resided there on their holidays. Since that time, significant destruction has taken place. Can the Minister clarify what action she intends to take to rectify the problem?

The area referred to by the Deputy is part of the Bunduff Lough and Machair-Trawalua-Mullaghmore special area of conservation. It is an extensive coastal site which contains a significant range of habitats, including several listed on annex one of the EU Habitats Directive.

The Deputy will appreciate that I share his concern for the conservation of this SAC and will take all necessary steps to ensure that any threat is dealt with. I am not at liberty to give full details of all dealings of my Department with a particular individual as I am still considering whether further action, including prosecution and/or restoration is warranted. However, I can assure the Deputy that my Department, through its local officers, has been aware of the works in question and has been resolute in ensuring that those which endanger the SAC are stopped.

At one stage an undertaking was secured that the works would stop but this undertaking was broken on the afternoon of 5 April this year. However, following the further intervention of my officers, the work on the SAC lands was again stopped. The Chief State Solicitor's office subsequently wrote to the landowner on my behalf advising that, unless he gave a written undertaking not to damage the SAC, I would proceed in the High Court to obtain such interim orders as might be required to preserve the integrity of these lands.

I have received this written undertaking which is as follows: "I undertake that I will not carry out or cause my servants or agents to carry out or continue to carry out any works, operations or activities of any variety on any of the SAC lands other than such operations or activities as are expressly permitted by the 1997 regulations."

The Deputy can be assured that the situation will continue to be closely monitored and that if any additional action is needed it will be forthcoming. In addition, as I have already indicated, I am considering whether further action in terms of restoration and/or prosecution is necessary. Perhaps at this point I should restate my policy in relation to the protection of SACs and other designated areas.

I have always believed that the most effective conservators are those who live and work on the land. Most of the sites designated as SACs would not have endured through the ages unless they had already been managed in a sensitive and sustainable manner. I, therefore, lay great store in harnessing the good will that exists and in increasing knowledge and awareness of the new enhanced status these sites now enjoy.

Specific measures I have undertaken include the establishment of local liaison committees, the development of a system of informal local consultation which facilitates quick decisions and practical advice and the establishment of an independent appeals board.

What I want and will continue to pursue is that these sites will be owned emotionally as well as physically by local people. Some people find it ironic that the two Ministers most directly charged with the implementation of the EU Habitats Directive, myself and the Minister of State at the Department of Arts, Heritage, Gaeltacht and the Islands, Deputy Ó Cuív, happen to represent constituencies blessed with an abundance of these special areas.

However, it is fair to say that by adopting the reasonable approach we have been able to prove that local concerns can be married to ecological imperatives. I can also assure the Deputy that I have the legislative powers necessary to protect these areas from wanton or deliberate destruction and that, when necessary, I have used them. Not only is it my inclination to act decisively against wanton destruction, it is also my duty and I will not shrink from it.

It is a mark of our maturity as a society that the majority of people accept that rights of ownership are not absolute and they must be exercised in the context of the common good, whether that good be the local community, the county or, as in this context, the larger European one. In a small number of cases where individuals deliberately ignore or break the law relating to the protection of SACs they will be subject to the full rigours of these laws. The rule of law is fundamental to any civilised society, whether it relates to SACs or any other aspect of our co-operative life.

I thank the Deputy for his interest in this important issue. His interest, like that of many private individuals and concerned organisations, greatly increases our ability to keep a watching brief on these widespread and diverse sites making it a truly community effort.

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