Tairgim go léifí an Bille Athuair anois. Is fada siar a théann stair an Churraigh. Bhain na tailte ann, comh maith leis na tailte mórthimpeall air, le mainistir Thomascourt ar dtúis, ach nuair a díothaíodh na mainistreaca in Éirinn, tháinig na tailte sin go léir i seilbh Gall. In a dhiadh sin roinneadh na tailte timpeall an Churraigh ar daoine éagsúla, agus tugadh cearta féaraigh ar an gCurrach dóibh san.
Leis na cianta anuas do husáideach An Currach mar ionad rásaíochta agus traenála capall. I dtosach na 19ú aoise bunaíodh campa sealadach ann agus sa bhliain 1858 tógadh campa buan.
Um an dtaca san, níor léir cad iad na cearta féaraigh a bhí i bhfeidhm, nó cad iad na tailte gur bhain siad leo, agus ba mhinic achrann i dtaobh na ceiste. Chun an scéal a chur ina cheart, ritheadh dhá Acht — Acht Churrach Chill Dara 1868 agus Acht Churrach Chill Dara, 1870.
Faoin Acht 1868 roinneadh an Currach i dtrí codanna mar atá:—
(1) Na "Tailte Donna" (575 acra) i.e. ionad an Champa Mhíleata — níl aon cearta féaraigh i bhfeidhm ar an limistéar seo.
(2) Na "Tailte Gorma" (463 acra) mar a bhfuil cearta féaraigh i bhfeidhm agus mar is ceadaithe freacnaimh mhíleata mar aon le raon-chleachtais a chur ar siúl.
(3) Na "Tailte Glasa" (3,832 acra) an fuighleach — an limistéar is mó agus an príomh-ionad inír. Tá cearta áirithe ag an Turf Club ar chuid den limistéar seo i gcóir rásaíochta capall agus ina theannta sin is ceadaithe an áit d'úsáid i gcóir cúrsaí míleata áirithe — mar shampla, léirbhreithniú agus druilleanna.
Le himeacht aimsire do cuireadh leis na Tailte Donna agus baineadh dá réir de na Tailte Glasa. Fé Alt a 11 den Acht 1868 cuireadh beagnach 100 acra de na Tailte Glasa leis na Tailte Donna. Níos deánaí anuas b'éigean 60 acra sa bhreis de na Tailte Glasa a iamh le haghaidh riachtanaisí míleata. Tá an limistéar seo dá thógaint isteach ins na Tailte Donna mar aon le limistéar beag eile de 40 acra chun teora na dTailte nDonn a dhíriú.
Faoin Military Lands Provisional Orders Confirmation Act 1898 fuarthas cearta raon—chleachtais ar limistéar de 352 acra de na Tailte Glasa. Tá an limistéar seo ins na Tailte Gorma don Acht nua. Faoin Acht 1868 ceapadh triúr coimisinéirí chun ceist na gcearta éagsúla a réiteach. Thug na coimisinéirí a mbreith i 1869 agus deimhníodh an bhreith san Acht 1870.
Is léir ó chomhairle dlí a tugadh ó am go ham go bhfuil na hAchtanna 1868 agus 1870 i léig go forleitheadúil chomh fada is a bhaineann siad le riarú an Churraigh ó 1922 i leith. 'Sé an príomh-aidhm atá leis an mBille seo ná an scéal sin a leigheas gan laghdú a dhéanamh ar na cearta éagsúla a bhí i bhfeidhm roimh 1922.
Tá an chumhacht a iarrtar in Alt a 11 chun cuid de thailte an Churraigh a iamh ar cheann de na cumhachtaí is tábhachtaí san mBille. Is cúis imní le fada dos na hUdaráis Rásaíochta an lot atá dá dhéanamh ar an limistéar rásaíochta tré innilt na gcaorach air. Cheapadar go bhféadfaí an fhadhb a réiteach ach an limistéar a leasú. Ach is é a tháinig dá bhárr ná gur mhóide an tarraingt a bhí ag an gcuid sin den talamh a leasaíodh ar an caoirig.
I dtuairim na nUdarás Rásaíochta is é an cúrsa is éifeachtúla chun an scéal a chur in a cheart ná an limistéar rásaíochta a iamh agus tá beartaithe acu socrú a dhéanamh leis an oiread féaránach is gá, go dtabharfar suas dóthain cearta féaraigh chun é sin a chur i gcrích. Tá súil acu go mbeidh an méid sin déanta agus gach ullmhúcán críochnaithe roimh Derby an Churraigh an bhliain seo chugainn, rás a bheidh, mar is eol do theachtaí, ar cheann des na rásanna is luachmhaire san Eoraip.
The Curragh of Kildare with its adjoining lands formed part of the Abbey or Monastery of Thomascourt, near Dublin and as such came into the hands of the British Crown on the dissolution of the monastic institutions in Ireland. After the dissolution, certain of the lands surrounding the Curragh were granted and in those grants there was included a right of commonage over "the great Common called the Curragh of Kildare". The present rights of pasturing sheep on the Curragh derive from those grants.
For centuries past — I am told that there is a record dated 800 A.D. — the Curragh has been used as an open space for the training and racing of horses. In the early part of the 19th century, a temporary military camp was established on the Curragh and in 1858 a permanent military camp was built.
Trouble apparently arose at that stage between the graziers, the racing and training people and the British military and moreover there was considerable doubt and confusion as to what rights in fact existed, who were the holders and to what lands did the rights appertain. In an endeavour to define the position and to reconcile the overlapping and often conflicting interests, two Statutes were passed — The Curragh of Kildare Acts, 1868 and 1870.
The 1868 Act divided the Curragh into three parts, which were defined on a map deposited at the time with the Clerk of the Peace for County Kildare. The three divisions were:—
(1) The Brown Lands, i.e. the site of the military encampment, over which grazing rights were suspended.
(2) The Blue Lands or Rifle Ground being an area to the south and south-east of the Camp which could be used for musketry and rifle practice and other military exercises while remaining subject to the rights of common grazing.
(3) The Green Lands, representing the balance, to be used primarily for the grazing of sheep, and in part by the Irish Turf Club for horse racing and training, but to be available also, though to a more limited extent than the Blue Lands for military purposes including "Reviews, Drills and (in cases of emergency) temporary encampment".
The total area of the Curraigh is approximately 4,870 acres and in accordance with the 1868 Act it was divided as follows:—
Brown Lands |
575 acres |
Blue Lands |
463 acres |
Green Lands |
3,832 acres |
Under 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 is regarded as Blue Lands for the purpose of the new Act.
Section 11 of the 1868 Act gave power to take in and add to the Brown Lands any portion of the Green Lands not exceeding in the whole 100 acres and pursuant to that power somewhat less than the permitted 100 acres has been incorporated into the Brown Lands.
In recent years, it became necessary to enclose areas of the Green Lands— totalling about 60 acres — for military purposes and, with a view to squaring-off the boundaries of the Camp area a further 40 acres are now being added to the Brown Lands. The present position is therefore as follows:—
Brown Lands |
771 acres |
Blue Lands |
815 acres |
Green Lands |
3,284 acres |
The 1868 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. The Act also provided for the constitution of three Commissioners to ascertain—
"(a) What (if any) rights of common of pasture, rights of way or other rights (except the rights of the Crown and public rights of way) exist in, over, or affecting the Curragh, or any part thereof, either by grant, charter, or prescription;
(b) to what persons, and for what terms, estates, or interests, the rights aforesaid respectively belong;
(c) What (if any) are the lands in respect of which the rights aforesaid respectively are exerciseable;
(d) what (if any) compensation should be given to any party whose rights are or may be injuriously affected by the Act;
(e) what (if any) public right of way exists in, over, or affecting the Curragh or any part thereof."
The Curragh Commissioners made their award in 1869 and it is embodied in and confirmed by the 1870 Act. The award, among other things, set forth that the Curragh should not be grazed by any animals except sheep: it listed the persons whose claims to rights of common of pasture were allowed; and it 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 from time to time expressed the view that the earlier Curragh Acts have been largely obsolete since 1922 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 (Sect. 11). In this connection the Racing Authorities have been concerned for a considerable time over the impairment of race tracks and training gallops due to the sheep grazing; as a consequence of which owners and trainers have been reluctant to run valuable horses at the Curragh. Efforts by the Turf Club to remedy the position by the application of fertilisers have not been successful because the resultant improvement in the pasture has simply made the area concerned more attractive to the sheep, and the Racing Authorities have urged that inclosure of the racecourse area is the only solution. They have undertaken to secure the surrender of a number of sheep-grazing rights commensurate with the area sought to be enclosed (about 850 acres) on the basis of approximately two grazing rights to the acre and they hope to have this done as a matter of urgency so that they may prepare the race track for the 1962 Irish Derby which, as Deputies will be aware, is expected to be the best endowed horse race in Europe.
Taking the Bill section by section: Section 1 is the usual "definitions" section. Section 2 vests in the Minister for Defence the parts of the Curragh not already so vested. In 1957 the Camp area was vested by Deed of Conveyance in the Minister for Defence by whom that area is administered but the Blue Lands and Green Lands are still vested in the Minister for Finance and administered on his behalf by the Commissioners of Public Works. Two of the Commissioners fill the offices of "Ranger" and "Deputy Ranger" for the purposes of the old Acts. Following the vesting now proposed the administration of the entire Curragh will be a function of the Minister for Defence. The Minister's ownership will be subject to existing leases, tenancies, etc., and to the rights of way, rights of common of pasture and other rights specified in the 1870 Act.
Section 3 is a re-enactment, in modern terms, and with minor adjustments, of the part of the 1868 Act governing the use of the Camp area for military purposes. Similarly, 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, as I have already stated, 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, where they will be open for inspection by the public. It also deals with the purchase of copies of the map referred to.
I propose to move on the Committee Stage an amendment to subsection 4 of this section to secure the deletion of the words "with the approval of the Minister", as I feel that such approval should not be necessary. Section 7 enables sewers, drains, cables, pipes, etc., to be laid as necessary on or under the Curragh and also deals with their maintenance. The corresponding section of the 1868 Act, which was confined to sewers and drains serving the Camp is being broadened in scope in order to meet present-day requirements.
Section 8 enables the Minister to remove or permit the removal of gravel, clay, turf, etc., from the Curragh as occasion demands. 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 any emergency (Section 3) and the power to lay sewers, cables, pipes, etc. (Section 7).
Section 10 acknowledges and preserves the rights of common 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. Examples of the latter are the site of the racecourse stand and paddock, the Drogheda Memorial Hospital, the sheep-dipping station at Ballymany and some houses, stables, gardens; etc., which do not in the aggregate occupy a significant proportion of the Curragh area.
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 enclosed 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 enclosed. At present the number of sheep (7,957) for which rights exist is somewhat less than twice the number of acres available for grazing in common.
Section 12 provides for the publication of notice in the Press of intention to inclose, specifying the area concerned and the date from which the inclosure will operate. I propose to move an amendment to this section on the Committee Stage providing for the deletion of the words "the Minister proposes" and the insertion in lieu thereof of the words "it is proposed". The purpose of this amendment is to bring the section into line with subsection (1) of Section 11.
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. Section 14 preserves existing contracts, agreements, leases, tenancies, etc. Similarly Section 15 provides 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. It may seem to Deputies that the maximum penalty proposed (£20) is rather heavy for breach of a bye-law but experience has shown that the existing maximum of £5 prescribed in the original 1868 Act bye-laws is quite inadequate as a deterrent against unauthorised grazing. The existing bye-laws will continue in force until new ones can be made.
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 simply the short Title.