asked the Minister for Finance whether he is aware of the serious despoliation of the Phoenix Park, Dublin, caused by horse traffic; and what redress is available to any person who may be injured by one of these horses.
Ceisteanna—Questions. Oral Answers. - Phoenix Park Despoliation.
19.
I am aware that there has been a considerable increase in the number of horses using the Phoenix Park in recent times and I share the Deputy's concern for the effect this is having on the condition and appearance of the park and on other users of the park. The adequacy of the exising bye-laws to meet the demands of the present day user of the park is under consideration and any revision of the bye-laws will have regard to the horse traffic problem.
The redress available to any person who may be injured in the Phoenix Park by one of the horses would of course depend on the circumstances of the particular case. Prima facie, if a ridden horse injured a person, the rider would be liable if he had been negligent and so caused the injury, but other people's negligence might have contributed to the accident. In other words, the ordinary law relating to accidents would obtain.
The Commissioners of Public Works are advised that generally speaking they have no liability for any accident of this kind in the Phoenix Park.
I would be concerned about circumstances where you may have a person who has no more than the 15s he is paying for the horse ride injuring somebody else in the park while horse riding. It seems the Board of Works would be co-operating with that person and must take some responsibility.
I have the bye-laws and this is covered in bye-law No. 6. I do not think I should read it out because it is quite a lengthy document. The conditions under which a person may ride a horse in the park are quite detailed. The Phoenix Park Act, 1925 vests the control and management of the park in the State and State property is not in effect Office of Public Works property. In this connection, in the present state of the law, the Commissioners would be entitled to plead the State's immunity in tort. The matter of bye-laws is under active consideration. These are quite extensive and it may be necessary to amend them.
I accept Deputy Tunney's concern in this matter but I should say that a far greater danger to the Phoenix Park arises from the Parliamentary Secretary's enthusiasm for development of the park. I hope the Park continues to remain intact without this development.
I do not know what development the Deputy has in mind except, perhaps, the provision of another garden for blind people.
I was thinking of extensive concrete plans.
Would the Parliamentary Secretary give an assurance that in any revision of the bye-laws the position of those who train horses in the Phoenix Park will not be prejudiced? They have been there for a very long time and the present trouble arises from the unduly large number of hacks that are used in the park, not from the racehorses.
Under the existing bye-laws no person should train or exercise any racehorse in the park save with the permission in writing of the Commissioners.
(Interruptions.)
Since they already have the permission will the Parliamentary Secretary give us——
I am considering withdrawing that permission in certain circumstances.
That would be very unjust.
The matter is under review in relation to experiences in other States. Contrary to what Deputy O'Leary suggests I am most concerned with preserving the amenities of the park for the vast majority of the people using it.
(Interruptions.)
In view of the importance of the horse industry generally I assume that in any proposed revision of the bye-laws adequate consideration will be given to and account taken of the employment provided as well as the amenities?
It is not the intention to do away with horseriding but it has expanded to a very considerable extent in recent times so as to cause me some worry about the matter and the park attendants——
Adequate insurance.
The administration of the park in effect is a matter for the park authorities who are under the jurisdiction of the Board of Works.
Some members of the Fianna Fáil Party should learn a little about horseriding so as not to fall off.
20.
asked the Minister for Finance if he will make a statement on the bow and arrow and gun shot attacks on the deer herd in the Phoenix Park, Dublin; and why the gates are not being manned up to 11 p.m. and closed then.
Last December two deer in the Phoenix Park herd were killed by arrows, and recently one deer was found with a bullet wound in its side. Because of its condition the animal had to be "put down". In an effort to trace those responsible some of the park constables have attended for duty at daybreak on a number of occasions and in addition the gardaí were notified. I regret, however, that so far the culprits have not been traced.
The herd of fallow deer in the Phoenix Park is one of the major attractions of the park and it is deplorable that anybody should seek to kill or injure any of them. I would appeal to the general public to help protect this beautiful herd by reporting any unauthorised interference with it which they may observe.
I am conscious of the need for maintaining proper control of the park and manning of the gates is an important factor in this. Some improvement in the gatekeeping was effected during the past year with the recruitment of three additional gatekeepers. The adequacy of the existing service is being studied in conjunction with other aspects of park control. It is doubtful, however, if any increased gatekeeping service would, of itself, eliminate the type of vandalism referred to by the Deputy.
Does any suspicion attach to members of an illegal organisation, could the Parliamentary Secretary say?
(Interruptions.)
Would the Parliamentary Secretary say——
I am calling Question No. 21.
A Cheann Comhairle——
I am calling No. 21.