The Curragh of Kildare Act, 1868, divided the Curragh into three parts which were defined on the map deposited at the time with the Clerk of the Peace for County Kildare. The three divisions were
(1) The Brown Lands—575 acres that is, the area on which a permanent military camp had been established in 1858 and over which rights of common grazing were suspended by the Act. Such rights over the entire Curragh were appurtenant to grants by the British Crown of certain lands surrounding the Curragh, which had come into the hands of the Crown on the dissolution of the monastic institutions in Ireland.
(2) The Blue Lands or Rifle Ground — 463 acres: this area, though it remained subject to the rights of common grazing, could be used for musketry and rifle practice and other military exercises.
(3) The Green Lands, representing the balance, were to be used primarily for the common grazing of sheep but could also be used, in part, by the Irish Turf Club for horse racing and training and to a more limited extent than the Blue Lands for military purposes such as reviews, drills and, in cases of emergency, temporary encampment.
The Act provided for the appointment of a Ranger and Deputy Ranger to administer the Curragh but placed the Camp area in the control of the British Secretary of State for War for as long as it might continue to be required for military purposes. This area is administered by the Minister for Defence and was vested in him by deed of conveyance in 1957. The Blue Lands and Green Lands are vested in the Minister for Finance and are administered on his behalf by the Commissioners of Public Works, two of whom fill the offices of "Ranger" and "Deputy Ranger".
The areas of the three divisions for the purpose of this Bill are as follows:
Brown Lands 771 acres—an increase of 196 acres.
Blue Lands 815 acres—an increase of 352 acres.
Green Lands 3,284 acres—a reduction of 548 acres.
The addition of 196 acres to the Brown Lands at the expense of the Green Lands is comprised of—
97 acres approximately, added under Section 11 of the 1868 Act which gave power to take in and add to the Brown Lands any portion of the Green Lands not exceeding in the whole 100 acres;
60 acres which it became necessary to inclose for military purposes;
39 acres approximately, which are now being added to the Brown Lands with a view to squaring-off the boundaries of the Camp area.
Pursuant to the Military Lands Provisional Orders Confirmation Act 1898, right of firing over and right of user for rifle practice etc. of an area of 352 acres of the Green Lands were acquired. This area, which, for all practical purposes, has been used as Blue Lands since 1898 is being so designated for the purpose of the new Act.
The 1868 Act also provided for the constitution of three Commissioners to ascertain what rights of pasture, rights of way or other rights (except the rights of the Crown) existed in, over, or affecting the Curragh or any part thereof either by grant charter or prescription, to establish the ownership on those rights and the lands over which they were exercisable and what com pensation (if any) should be given to any party whose rights might be injuriously affected by the Act.
The award of the Commissioners, which was made in 1869 was embodied in, and confirmed by, the 1870 Act. The award, among other things, listed the persons whose claims to rights of common of pasture were allowed and set out the number of sheep which each such person was entitled to graze. Many claims were disallowed or allowed only in part.
The law officers have advised that, since 1922, the Curragh Acts have been largely obsolete and the present Bill is designed to remedy that position while at the same time preserving the various rights in respect of the Curragh which existed prior to 1922.
One of the most important provisions in the Bill is that dealing with inclosure (Section 11). In this connection the racing authorities have been concerned for a considerable time that the grazing of sheep has impaired the race tracks and gallops at the Curragh as a consequence of which owners and trainers have been reluctant to run valuable horses thereon. Efforts to remedy the position by the application of fertilisers to improve the pasture merely resulted in a greater concentration of sheep on the areas involved and the racing authorities have urged that the only solution to the problem lies in the inclosure of the racecourse area. In order to enable such inclosure to be effected they have undertaken to secure the surrender of a number of sheep-grazing rights commensurate with the area to be inclosed (about 850 acres) on the basis of two such rights per acre. They hope to have this done in time to prepare the race track for the 1962 Derby, which as Senators will be aware, is expected to be the best endowed horse-race in Europe.
Section 1 is the usual "definitions" section.
Section 2 vests in the Minister for Defence the parts of the Curragh not already so vested: following the proposed vesting the administration of the entire Curragh will be a function of the Minister for Defence. The Minister's ownership will, however, be subject to existing leases, tenancies, etc., and the rights-of way, rights of common of pasture and other rights specified in the 1870 Act.
Sections 3, 7 and 8 are merely reenactments, in modern terms, and with appropriate adjustments to meet present-day requirements, of the corresponding Sections of the 1868 Act.
Section 4 specifies, in modern terms, the uses which the Minister may make of the Blue Lands for military purposes. The powers of the Minister under Section 34 (1) of the Defence Act, 1954, are limited by this section inasmuch as the erection of permanent buildings on the Blue Lands is prohibited. This limitation derives from the fact that the right of common of pasture extends over the Blue Lands. Section 34 (1) of the Defence Act, 1954, provides that the Minister for Defence may use any land vested in or occupied by him for such purposes connected with his powers and duties under that Act and in such manner as he thinks proper.
Section 5 prescribes the uses which the Minister may make from time to time of the Green Lands. The Green Lands are the main sheep grazing area and while the 1868 Act gave the British Secretary of State for War some rights over these lands, his powers in regard to them were much more limited than in the case of either the Camp or the Blue Lands.
Section 6 provides for the lodging of copies of the new "deposited map" in the Central Office of the High Court and in the local circuit court office. It also deals with the purchase of copies of the map.
Section 9 exempts the county roads on the Curragh from the operation of this Bill save in the matter of vesting (Section 2), the power to close the county road through the Camp in an emergency (Section 3) and the power to lay sewers, cables, pipes, etc. (Section 7).
Section 10 acknowledges and preserves the rights of sheep grazing over the Blue Lands and Green Lands making it clear that those rights do not extend to the Camp or to other parts of the Curragh leased or let for special purposes.
Section 11 which, as I have said, is one of the most important sections of the Bill enables a part or parts of the Curragh to be inclosed and fenced to the exclusion of sheep but the exercise of this power is made contingent on the prior voluntary surrender and extinguishment of grazing rights commensurate with the area proposed to be inclosed. At present the number of sheep (7,957) is somewhat less than twice the number of acres available for sheep grazing.
Section 12 deals with the publication of notice in the press of intention to inclose.
Section 13 enables the Minister to exclude or authorise the exclusion temporarily, of sheep from parts of the Curragh while race-meetings, carnivals, exhibitions, competitions or other such functions are being held.
Sections 14 and 15 provide for the preservation of existing contracts, agreements, leases, tenancies, etc. and for the continuation of legal proceedings which may be pending.
Section 16 enables the Minister to make bye-laws in relation to the Curragh and provides for penalties in respect of breaches.
Section 17 repeals the 1868 Act completely and Sections 4, 5 and 6 of the 1870 Act. The other sections of the 1870 Act are retained in order to keep in force the award scheduled to that Act, which constitutes a statutory record of the grazing rights.
Section 18 is the usual expenses section and Section 19 is the short title.
I hope that these points of explanation will help Senators to understand any matters of difficulty and I will be glad, when concluding, to deal with any other questions which may arise on the Bill.