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Seanad Éireann díospóireacht -
Wednesday, 11 Jun 2014

Vol. 232 No. 2

Johnstown Castle Agricultural College (Amendment) Bill 2014: Second Stage

Question proposed: "That the Bill be now read a Second Time."

The last time I was in this House to bring through a Bill, it was a particularly long piece of legislation and I spoke on it for at least ten hours. I expect that this speech will be a lot shorter - closer to ten minutes perhaps. If Members have any questions on it, I will try to respond to them, but it is straightforward legislation that I suspect needs no amendment.

I am pleased to introduce the Johnstown Castle Agricultural College (Amendment) Bill 2014. The scope of the Bill is narrow and involves minor technical amendments to existing legislation on the use and disposal of land on the Johnstown Castle estate. Its primary purpose is to enable Teagasc to develop part of the estate comprising the castle and gardens as a visitor attraction and to permit the sale of a small area of land to the local community for a burial ground. That involves two acres of land.

Johnstown Castle estate was gifted to the nation by private owners under the terms of the Johnstown Castle Agricultural College Act 1945. The estate extends to some 980 acres and has been variously an agricultural college and a research centre. The castle is now vacant following Teagasc's transfer to modern offices in another part of the estate. The gardens and grounds have been maintained and open to the public since 1969 and the Irish Agricultural Museum operates a museum on the estate displaying agricultural artefacts. Both the Department of Agriculture, Food and the Marine and the EPA have office accommodation adjoining the estate.

The bequest of the estate had certain user conditions in the form of a conveyance which provided that the property would be used by the State exclusively for the purposes of a "Lay Agricultural College". In January 1960, following commencement of the Johnstown Castle Agricultural College (Amendment) Act 1959, use of the estate was extended to the conduct of agricultural research, and ownership transferred from the Minister for Agriculture to An Foras Talúntais. The Act of 1959 also included a provision preventing An Foras Talúntais disposing of any part of the estate. During the 1990s, it was found that the statutory prohibition on any disposal of estate land was overly restrictive and provision was made for the disposal of up to 5% of the estate for "environmental, heritage, amenity or recreational purposes" under the terms of the Johnstown Castle Agricultural College (Amendment) Act 1996. The estate transferred to Teagasc in 1988 and is used for farming and agricultural research. Teagasc is exploring the possibility of transforming part of the estate comprising the castle and gardens, which is no longer used for agricultural education or research, into a visitor attraction for the south east. There is potential to develop the castle and gardens into a valuable tourism facility for the people of Wexford and the south-east region generally. The estate currently attracts some 35,000 visitors annually, which is considerably less than might be expected considering its location and proximity to Rosslare port.

Teagasc has produced a number of reports which demonstrate that the estate has potential to attract visitors to the area. However, this potential cannot be capitalised on due to the restrictions contained within the Johnstown Castle Act 1945 and the successive amendment Acts, which require that all 980 acres of the estate including the castle and gardens be used for agricultural education and research purposes. This is one of the reasons that I am bringing forward the Bill.

Separately, the local community in Murrintown urgently requires land for a burial ground and has identified 2.8 acres on the estate that would be suitable. Teagasc wishes to facilitate the request but the existing legislation prevents it from doing so. Again, a change in legislation is required to permit Teagasc to dispose of land for burial purposes. Following examination of the existing legislation governing the estate, the Office of the Attorney General confirmed that enabling legislation can be introduced to extend use of the castle and gardens and to facilitate the transfer of land for a burial ground.

The Johnstown Castle Agricultural College (Amendment) Bill 2014 has six sections. Section 1 provides for a definition of the Johnstown Castle Agricultural College (Amendment) Act 1959, which is the Act being amended in the Bill.

Section 2 amends section 1 of the 1959 Act to define Teagasc and the Act establishing Teagasc. It also defines the map detailing that portion of the estate known as the castle and gardens for which change of use is sought. This map was deposited with Ordnance Survey Ireland on 12 May 2014, where it is available for public inspection. It is also available on the website of the Department of Agriculture, Food and the Marine.

Section 3 incorporates a number of amendments to section 3 of the 1959 Act. Paragraph (a) of subsection (2) provides for the inclusion of burial ground in the list of specific purposes for which land may be disposed of on the estate. There is no change to the existing 5% limit on land disposals. Teagasc has already accommodated local interests by providing small land parcels for amenity purposes, as already permitted under the 1959 Act, as amended. Paragraph (b) is an entirely new provision which provides that the part of the estate delineated on a map and comprising the castle and gardens may be used for "heritage, tourism, amenity or recreational" purposes. This provision provides a statutory basis for the development of the castle and gardens as a visitor attraction. They are largely of no use in their current state and it is recognised that preservation for future generations requires Teagasc to find alternative uses outside the agricultural sphere. There are also significant maintenance costs of €300,000 per annum which are not covered by admission charges to the estate - in other words, it is a very expensive asset to upkeep even though we have a responsibility to do so because it was gifted to the State. Teagasc is preparing an "outline plan" to precisely define the project scope and estimate the full cost of transforming the castle and gardens into a visitor attraction. It is being assisted by the Office of Public Works and Fáilte Ireland to leverage their experience and expertise in developing heritage and conservation projects. The plan will be subject to a full capital appraisal in accordance with Government guidelines before any expenditure takes place.

Paragraph (c) permits Teagasc, subject to the consent of the Minister, to lease the castle and gardens or any portion of that part for "heritage, tourism, amenity or recreational" purposes. This is another new provision permitting Teagasc to lease the castle and gardens or part thereof to another organisation to manage it as a visitor destination on behalf of Teagasc if it deems it the most appropriate and efficient way in which to operate the property as a visitor destination. Any lease will be subject to the consent of the Minister for Agriculture, Food and the Marine. In other words, it is not Teagasc's core business to run a tourism location or a leisure facility. I suspect that, if it is developed for that, it may well be leased to a professional operator of such a business. Paragraph (d) is a re-enactment of the existing provisions. Subsection (3) prevents change of use of the estate from anything other than the purposes set out in subsection (2).

Section 4 inserts a new section 3A into the 1959 Act to set out the provisions in relation to the map showing the area of the castle and gardens for which change of use is being made in order to separate it from the rest of the estate. It provides for depositing of the map in the Central Office of the High Court and the Circuit Court Office for the County of Wexford after the passing of the Bill. It also provides for retention of the map in the office of Ordnance Survey Ireland and that it will be available there for inspection free of charge.

Section 5 inserts a new subsection in section 4 of the Agriculture (Research, Training and Advisory) Act 1988 which outlines the principal functions of Teagasc who own and operate the estate. As currently constructed, the existing provisions do not allow Teagasc to operate and develop the estate as a visitor destination. This amendment provides that, in addition to its other functions in providing research, advisory and education services to the agricultural sector, Teagasc may develop and operate the castle and gardens in the estate for heritage, tourism, amenity or recreational purposes, if it is appropriate for it to do so. Section 6 provides for the Short tTtle and collective citation of this Act.

The Johnstown Castle Agricultural College (Amendment) Bill 2014 brings legal certainty to the future use of Johnstown Castle estate. It is sufficiently restrictive to ensure that the spirit of the gift of the estate to the nation is respected. Teagasc has informed the descendents of the original donors about the Bill and they have not raised any objections in relation to the planned change of use or burial ground proposals. The Bill does not interfere with existing sporting rights and rights of way reserved in perpetuity to the donors. The estate will remain in State ownership and continue to be vested in Teagasc.

The Bill provides a statutory basis for the long-term care, conservation and management of the castle and gardens for the benefit of the south east region. Any such development can be expected to generate positive economic spin offs by enhancing the attractiveness of the area and sustaining jobs in the local economy through increased visitor numbers and so on. Any proposed development will not affect the existing agricultural and farming research that takes place and will continue to take place on the estate.

There is no direct cost to the Exchequer on enactment of the Bill. It is purely an enabling provision to allow the castle and gardens to be developed for tourism purposes and to permit the sale of 2.8 acres to the local community at a market rate. I view the Bill as an opportunity to permit Teagasc to explore the potential of an under-utilised asset and permit the local community purchase land for a burial ground and so I commend the Bill to the House.

The local community in the area and Teagasc requested that I do this. The upkeep of this property is very expensive. Teagasc spends approximately €300,000 per annum on the upkeep of the estate and the gardens. This is a sensible proposal to try to create an economic return from that asset, to maintain the asset into the future, as I believe we have a responsibility to do, given its history and also to create something positive for the broader community both in Wexford and the south east. I hope people will support it.

Debate adjourned.
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