I am pleased to bring this Bill before the Seanad. Its primary purpose is to make provision for the Environmental Protection Agency to establish its permanent headquarters on a site in Johnstown Estate, County Wexford. The estate is currently vested in Teagasc but under existing legislation a 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 power to lease a site to the agency.
When the Government decision to locate the headquarters of the Environmental Protection Agency in Wexford was announced in July 1992, Johnstown Castle became the focus of attention. The possibility of using the castle 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 intended headquarters. The five directors of the agency and up to 80 staff will be based in this new headquarters, but the castle would accommodate no more than 50 people. Having reviewed the alternatives, the Government decided that new purpose-built accommodation on a site in Johnstown Estate would be the best option for the agency's new headquarters.
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 Lakin — made a generous gift of it to the nation. 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 grounds was 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.
The Bill which is now before this House is simple and 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 Acts of the Oireachtas since 1945. Both original donors are now dead, but I have notified the legal representatives of their heirs of the proposals now before this House which the Government has approved.
I confirm to this 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 have already 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 setting with a good environmental image. Everyone who visits it cannot help but be impressed. The location of the headquarters of the Environmental Protection Agency at this site will underpin the status of the agency as the national 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 just 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 total 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, 1995, when enacted. I look forward to returning to this House tomorrow to discuss Committee Stage of that Bill. 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 this important organisation by establishing the permanent headquarters in Wexford. There is a strong association between the county and the agency, which has operated from temporary accommodation in Ardcavan since 1994. I am satisfied that this Bill will enable the right decision to be made on the agency's permanent location.
As I have said already, 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 the legislation was being drafted. However, other than by way of lease to the estate, the existing provisions lack flexibility; there is no basis upon which Teagasc can accommodate locally desirable activities and proposals with the result that the estate is effectively isolated from the local community. This state of affairs is known to local representatives, such as Senator D'Arcy. They are aware of the demands from local community based groups on the Johnstown Estate which would be of great benefit to the community. Teagasc has received requests from local interests for limited access to land in Johnstown but, under existing legislation, it has had no option but to refuse.
To overcome this situation, a modest, more general disposal provision has been included in this Bill so it will not be necessary to specify the details on what is socially desirable locally. 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 will be 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 and this requirement will apply to any disposals at Johnstown under the provision now proposed.
Enactment of this Bill will be important for the Environmental Protection Agency, Johnstown Estate and its future and the people of Wexford. The existing and new uses will complement each other and enhance the standing of the estate nationally, locally and internationally.
I commend the Bill to the House.
