Seanad Éireann debate -
Tuesday, 22 Oct 2024

I move: "That the Bill be now read a Second Time."

I will note the time I start and will leave some time for the seconder. I thank the Cathaoirleach and Leader of the Seanad for affording this time in the Chamber to debate my Private Members' Bill, the Curragh of Kildare (Amendment Bill) 2022. The Bill seeks to amend the Curragh of Kildare Act 1961 to make provision for the management and use of the Curragh plains whereby the Minister may grant a licence to persons for continuous occupation of any part of the Curragh for a specified period of time, and to provide for related matters.

This legislation seeks to arm local Government agencies, such as the Department of Defence, Kildare County Council or An Garda Síochána, with the supports they need to ensure that everyone who uses the Curragh does so in a respectful and legitimate way. It does not seek to prevent the long-term legitimate use of the Curragh plains for legitimate purposes such as sheep grazing, farming, leisure walking, filming, etc. It does, however, seek to ensure that we will no longer see long-term, damaging and illegal encampments, and actions, on the Curragh plains.

The Curragh is home to the Army and the racing industry. It is a place of great importance from an ecological, archaeological and cultural perspective. The Curragh plains is a great place for local people in which to walk and enjoy as it is bordered by Kildare, Newbridge, Milltown, Athgarvan, Kilcullen, Cutbush, Suncroft and, indeed, many rural areas.

Local people have a huge respect for the Curragh. I am joined in the Gallery by Mary Howe Doyle and Pauline Nolan who are very welcome. They are two local residents who have been impacted. In particular, Ms Nolan has a bed and breakfast accommodation, on the edge of the Curragh and at particular times she has had to close her business, which is simply not good enough. For this and other reasons the Curragh should have the highest level of protection while affording the opportunity for people both locally and nationally to enjoy its beautiful surroundings.

Ideally, I would like the Curragh to be declared a national heritage site. I have been in contact about this matter with the office of the Minister of State with responsibility for heritage. Sadly, heritage status has not happened yet but it does not mean I will not pursue the matter. We could seek UNESCO world heritage status for the Curragh because it is an important focal point in County Kildare. Indeed, John Downing mentioned it this morning in his article in the Irish Independent where he outlined his fear that the Curragh of Kildare is sometimes neglected and ill-treated, and that overall could be far better managed for the good of the region and of course the nation generally.

The Curragh has its own unique administrative arrangements enshrined in law in the Curragh of Kildare Act 1961. My Bill seeks to amend the Act. For several years there have been ongoing issues with illegal dumping and encampments on the Curragh, which completely detract from the beauty of the Curragh for those who wish to use it daily. After consultation with authorities and local gardaí it was agreed that there was one possible way of helping to solve one of the problems. One garda with whom I liaised with in Newbridge Garda station suggested that I look at the legislation that protects the Phoenix Park and check whether there was some way we could emulate that for the Curragh. This Bill proposes that anybody who wishes to occupy the Curragh by having "a vehicle, shelter, tent, caravan or other temporary or movable structure" will have to apply to the Minister for Defence for a licence. This measure will give extra protection to ensure there are no illegal encampments on the Curragh.

Illegal encampments have led to a lot of dumping and waste matter, which cost millions of euro to tackle over the past number of years. Sadly, it has become an all too regular occurrence. This summer was the worst in living local memory as there were several different encampments. There were six encampments at the same time each with dozens of caravans and bringing, in some cases, their own generators thus adding a lot of noise. Huge damage was caused to the Curragh and to sports facilities, namely, the Cill Dara Golf Club. In addition to the damage, these encampments caused huge intimidation issues for local people. I received a photograph of one little dog whose owner brought him out for a walk and when the dog encountered waste his tendons were severely damaged thus necessitating immediate surgery. Local residents have therefore been intimidated and scared.

The encampments have also had a negative impact on local businesses and several business owners have been in touch with me about the matter. On one day alone, because I documented it and wrote to the authorities, I took six different calls within the space of two hours from the Curragh race course manager, two local horse trainers, a local hotel owner, a local publican and two residents.

Over the past number of months, I have liaised with the Garda, Kildare County Council and the Department of Defence to keep this issue high on the agenda. We must see progress in tackling the issue and we must protect the integrity of the Curragh.

I have also been in regular contact with the Tánaiste and Minister for Defence, Deputy Micheál Martin, and his senior team both formally and informally to ensure that this issue remains high on his agenda. In formal correspondence that I received recently, the Tánaiste confirmed that he wants to ensure that we move to a modern and sustainable regulatory model to manage this historically important landscape. I was also pleased to have the opportunity to brief him on this Private Members' Bill, and indeed yesterday, to bring him to the Curragh plains to discuss the matter further. He is well aware of the ongoing issue and, most especially, the challenges we have faced this summer and he is investigating legislation to tackle this issue. That probably will happen over the next few weeks as a response to the exhaustive survey that was conducted where almost 3,500 submissions were received.

To show the importance people place on the Curragh, I will mention a letter that I received the other day. Yesterday, a survey was published that said young people felt that politicians were not connected with them because they were not talking about the issues that they spoke about.

I received a really interesting letter from a 16-year old, Tiago Somers, who is in transition year in Newbridge Patrician Secondary School. He did a lot of research and he wrote about his concern about the Curragh. He wrote:

It is way more than just a big, open space; it's full of history and stories that connect us to our Irish roots.

[...]

With its Bronze Age settlements, burial mounds and the legends of Fionn MacCumhail, the Curragh needs to be recognized and preserved for future generations.

[...]

The Curragh isn't just about archaeology; it is also about mythology. It is linked to the stories of Fionn and his warriors hunting and training with Bran and Sceólang.

Tiago goes on to say how important it is to keep these stories alive to allow future generations to learn, thereby turning the Curragh into a living classroom for locals and visitors. When we think about the Curragh, we think of the song, "The Curragh of Kildare", made famous by Christy Moore. As the Chair knows, we sing this song at birthdays, weddings and at funerals. It will be playing in the county GAA grounds on Sunday at the county final. It is sung for the derby. We all know the song and rejoice in it. It is hugely important to us. We need to make sure that the Curragh we are singing about and talking about is protected.

Along with others, I attended a meeting recently - for which I thank Eoin McDermott and others - with senior Department of Defence officials to ensure that they were continuing their work in tackling illegal encampments and ensuring long-term protections for the Curragh. We all agreed that the current Curragh of Kildare Act 1961 is not fit for purpose. New legislation is needed in the area and perhaps another agency, such as the National Parks and Wildlife Service, NPWS, should take over the management and protection of the Curragh to ensure that it gets the expertise, financial support and time required to protect it sufficiently. However, in the meantime, we need greater powers that can be used on the ground.

In the background, work and consultation have been ongoing regarding the Curragh consultancy project. This undertook a conservation management and a branding, way-finding and interpretation plan for the Curragh. It is substantial and the report contains several strong recommendations to deal with the issue in the longer term. As we know, the Curragh is the largest area of semi-natural grassland in the country. It has remained largely uncultivated for at least 1,500 years. Over the centuries, it has evolved its own unique flora. Having been used in ancient times as a place of assembly and ritual, it is rich in archaeological remains. Recent research by Dr.John Feehan and others suggests that the plains may have been cultivated in prehistoric times and traces of the cultivation ridges are to be seen in a number of areas. It is considered to be the oldest and most extensive tracts of land in Europe. It provides the setting for one of Ireland's most significant prehistoric landscapes. The Curragh is the jewel, not just in the Kildare crown, but in the national crown. We must protect it and prosecute with the full rigours of the law those who damage it.

I will continue to do everything in my power as a Member of the Oireachtas to address this issue and to once and for all see the Curragh treated with the respect it deserves.

It is my pleasure to second the Curragh of Kildare (Amendment) Bill 2022, put forward by Senator O' Loughlin and to speak about the Curragh. As a Mayo person, it might seem strange that I speak so fondly of the place but I actually spent quite a lot of time there during my time in the Defence Forces. As an Army reservist I did much of my training in the Curragh. I did my potential officer and young officer courses there. We walked and ran every inch of those Curragh plains, night and day. I got to know it intimately. I spent nights sleeping out on it and digging trenches and all of that. Those are my fond memories of the Curragh. It is a special, unique place. There is nowhere else like it in Ireland.

From Senator O' Loughlin's contribution I learned a lot about the history of the place. I was not aware of its standing, not just nationally, but in Europe, of being untouched for so long. It is a special place and it is not acceptable for people to rock up, camp there and do what they like, whenever they like. There are laws in the State. There are rules in the society in which we choose to live and be part of. It is not okay that people living in the area have been directly impacted and have had to close businesses and that the law is not sufficiently robust to deal with that. I am heartened to hear that the Tánaiste has visited and that the issue is being taken very seriously. Obviously, he would have been working closely with Senator O'Loughlin in any event. It illustrates the importance of having a local representative who knows the area very well and is passionate about the Curragh and Kildare and can represent the views of people in the area. It is unlikely that a Bill like this would come from somebody other than a Member of the Oireachtas from Kildare. That is the importance of having local representatives here with the ability to table legislation and for it to be facilitated.

Senator O' Loughlin made an important point that the Bill seeks to protect not just something that is important to the people of Kildare but to the people of Ireland. She mentioned horse racing, one of our most important industries which employs a lot of people. The Curragh is also the home of the Army and of many soldiers, former and present of Óglaigh na hÉireann, who have gone through there and families living there as well. Many of the defence community living in other parts of Ireland have a huge grá, admiration and passion for the Curragh and what is there and its history.

During the recent European election campaign, I had the pleasure to visit the fantastic museum in the Curragh. Maybe I am saying this as someone who has a interest in the Defence Forces, but I think that any person who visits this museum will be amazed by the collection of artefacts and memorabilia, including old uniforms, and the stories there. There is a fantastic story to be told about the history of the Defence Forces and Ireland's peacekeeping missions over many decades. All of that is on display in the museum.

The Curragh is a very special place. It is deserving of respect. Clearly, there are people not doing so and not respecting the people who live, work, have businesses and employ people there. This needs to be dealt with. It is out of that respect for the Curragh and for those people that I am very happy to support my colleague, Senator O' Loughlin and second the Bill.

I welcome the discussion initiated by my two colleagues and I welcome the Minister of State. I share the view that the Curragh is an extraordinarily important national resource and centre. The horse racing industry is very important with horse breeding being a hugely important sector that is closely associated with the Curragh. We have a huge international reputation in this area and it is a huge part of our heritage and culture.

The Army presence there is of extraordinary significance. Since the report of the Commission on the Defence Forces in 2022, with the implementation strategies now in place, there is a whole new focus on the Army and our defences. Maybe geopolitical events have helped to bring this on and maybe some unfortunate controversies around the Army have sharpened our focus and refocused us. There is a huge, fundamental recognition of the importance of our Army and of its future and of its development of a good culture within it. I have the privilege of being on the foreign affairs and defence committee. We had a report last week on progress to date of the Commission on the Defence Forces. It is all going very well. Many of the proposed reforms have been implemented and hopefully we are moving forward with that.

I have been on field trips to the Curragh and to see the Army's association with the place illustrated in the museum; that is very important and should be recognised. Obviously, the Curragh needs to be maintained and better maintained, there is no question about that. A high standard of maintenance is required.

It needs to be seen as a pearl - a jewel - in our national tourism product, in horse racing, in the Army, in defence and in horse breeding. It is a special place that needs good maintenance and defending.

My colleague, the Minister of State, Deputy Martin Heydon, was in touch with me to say he would like to have it confirmed to the House that a conservation management plan will be unveiled for the Curragh within a short number of days. He is optimistic that will deliver a result.

Returning to the substantive matter, we need substantial plans and recommendations and we need to implement them. That is what is truly necessary.

I have no trouble supporting the Bill. I congratulate both Senators on bringing it forward and I wish it well. I do no think I know of anybody who is reasonably or even moderately sane who does not recognise the importance of the Curragh in our national heritage, for our national tourism product, as the centre for the Army, etc. This is a good discussion and I am happy to be a party to it. I am completely in favour of a new maintenance plan, a new support and a new strategy. Well done to all concerned.

As a proud Lilywhite, I am delighted to be here tonight. I congratulate and thank Senators O’Loughlin and Chambers for bringing forward this important Bill. Senator O’Loughlin said the Curragh is iconic. It is iconic for every Kildare person, not just in this country but throughout the world. When we sing “The Curragh of Kildare” as we did in 1998, which was, unfortunately, the last time and hopefully we will do so again, it brings passion to every Kildare person in this country and abroad as well.

Unfortunately, the jewel that is the Curragh has come under attack in recent years. It is time the talking stopped and we saw action in respect of the Curragh. The illegal use of the Curragh must stop. Senator O’Loughlin spoke about this, as did the Minister of State, Deputy Heydon, and I. Every public representative in County Kildare has spoken about the beauty of the Curragh and the need to protect it. We need to see action. In fairness to Senator O’Loughlin, her Bill is the first step towards seeing that action.

I have been involved with the conservation management plan from the Minister of State, Deputy Heydon, that was mentioned, as has Senator O’Loughlin. An awful lot of people made submissions to it. It is important the conservation management plan is implemented as quickly as possible.

The Newbridge Labour Party has called for national park status for the Curragh of Kildare because protection is the number one issue related to it. Tonight we have Mary and Pauline here. Senator O’Loughlin brought many people in and I could have done so too. People have been in contact with me over the past number of weeks about what is happening there. It is despicable to look at the pictures of what is happening. No Kildare person or public representative can stand over the pictures that have appeared on social media. They have been sent to me by email and I have discussed them with people who have contacted me.

When we talk about the Curragh, we talk about racing and the importance of the racing industry to this country and County Kildare. No one can doubt that. It is imperative that racing stays in County Kildare and the Curragh continues to be used by racing to the extent it has been. We also talk about our Defence Forces. There are issues around the Defence Forces and investment in the Curragh and everything that goes with that. Senator O’Reilly spoke about investment through the Commission on the Defence Forces report. That needs to happen. There needs to be investment in the Curragh. There also needs to be protection, which is what we are talking about tonight. We are talking about the people who live around the Curragh and everybody from County Kildare who uses the Curragh. Only last Sunday, I brought my dog to the Curragh. It is unbelievable to walk in the Curragh and talk to people about what you can do there in its open spaces and the beauty of the area. You meet people who are walking their dogs or are just out for a walk. All they want to talk about is what has happened to the Curragh in the past couple of years. That is what gets them every time.

It is time we stood up. It is time the Government and Opposition parties stopped the illegal use of the Curragh. It is time we came together and made sure the people who have businesses around the Curragh and who live in the area are protected and their lives are not destroyed, as they have been for so long, in particular in recent years, as Senator O’Loughlin said.

I am proud to speak on this. I am passionate about being from Kildare. I know the other public representatives in the area, including Senator O’Loughlin, are passionate about the Curragh. I look forward to the Minister of State’s reply because many people in County Kildare will be listening to it. The Curragh is so important to the people who live there but it is also important to every Kildare person in this country and abroad.

I welcome the opportunity to respond on this matter on behalf of the Tánaiste and Minister for Defence, Deputy Micheál Martin, who is unfortunately not available tonight. I also thank Senator O’Loughlin for tabling this Bill and Senator Chambers for seconding it. The fact that Senator O'Loughlin has proposed these measures shows how necessary they are.

The Minister for Defence is the custodian and guardian of the Curragh lands, pursuant to the provisions of the Curragh of Kildare Act 1961, which the Senator referenced. Under that Act, the Curragh Plains are recognised as a working environment for the State's Defence Forces as well as a place of historical and cultural importance. The Minister remains fully committed to pursuing a modern and sustainable regulatory model in managing the historically important landscape that is the Curragh.

The main occupiers of the plains are the Defence Forces in the Curragh Camp and the Curragh Racecourse, which leases a large tract of land from the Department of Defence. The Curragh is approximately 4,870 acres and is one of the most open and accessible areas in the country. As Members may know, this easy accessibility is due to the fact that most of the Curragh lands are unfenced. Such access brings both considerable opportunities but also challenges, which we all recognise need to be addressed. While none of us wish to see this level of accessibility diminished, it has, however, resulted in the use of the plains for illegal camping and illegal dumping. This issue has become particularly pressing over the course of last summer, which has led to considerable local concern.

For the past several years, the Department of Defence has been working in co-operation with Kildare County Council on the Curragh consultancy project, seeking to develop a suitable future management method to allow the various stakeholders on the Curragh to exercise their rights while, at the same time, allowing public access and encouraging adherence to environmental restrictions. As part of this consultancy project, there were extensive public consultations, which included a survey on the Curragh Plains website, a webinar and a public drop-in event. More than 3,000 submissions were received from the general public, which highlights the level of interest in, and enthusiasm for, the Curragh. The report arising from this process identified a number of measures for consideration. I understand that, as Senator O'Loughlin referenced, the Tánaiste and Minister for Defence visited her last week and has just this week received the final draft, which he intends to publish shortly.

Measures identified by the report include the following. The implementation of the conservation management plan, CMP, will provide the basis for all future decisions concerning the management of the heritage of the Curragh Plains, while providing a clear direction towards sustainable conservation and development. The CMP will also identify a framework of policies and actions around which that significance can be promoted, protected and sustained. Another measure is a review of the Curragh by-laws and the Curragh of Kildare Act with a view to identifying possible amendments that could potentially provide more effective solutions to the issues of illegal encampments, illegal dumping, illegal parking and other key issues.

The potential for either establishing a new agency for the Curragh or assigning an existing specialist State agency to manage the plains was also raised. Such a measure would allow for enhanced engagement with stakeholders and the general public, improved day-to-day management of the plains and better enforcement of the Curragh of Kildare Act, its associated by-laws and other regulations. Another measure identified is the development of the Curragh as a tourist destination, potentially including the development of a Curragh visitor, management and archive centre. Coupled with this would be the creation of an overarching brand concept for the plains. This would maximise the impact of focal points such as the Curragh Military Museum and the Curragh Racecourse.

The Curragh Plains are an important resource, not only for the people of Kildare but for the whole nation.

As such, it is vitally important that we protect this site, while ensuring that future generations benefit from the historic, educational and natural amenities it features. For that reason, I again thank Senator O’Loughlin for bringing forward this Private Member’s Bill, and I assure her, on behalf of the Tánaiste, that while the Government may seek amendments to the Bill on Committee stage, any such proposed Government amendments to the Bill will not only strengthen the protection of the Curragh but will also involve a de novo approach to how we manage the Curragh, ranging from looking at the governance arrangements through to the current and future uses of the Curragh plains.

I thank the Minister of State for his response. To be honest, I am very heartened by it. While he indicated the Government may seek amendments to the Bill, I am only happy for that to happen because at the end of the day, the resources I have are very limited in terms of drafting a Bill. I am only too happy to have resources the Department and the Government can bring to strengthen a Bill. I very much welcome that.

I see we are all on the same page here and that is really important. It is important that every one of us believes the Curragh is a very special place for those of us lucky enough to be from Kildare, for those of us lucky enough to live in Kildare and indeed for those around the country who see the Curragh every day as they pass through it. In his article published today, John Downing wrote about the great Con Houlihan-----

He was a good Limerick man, who talked about going from Kerry on a train to matches just to see what the journey was like and talking about passing the Curragh and what that meant. I know from being in different parts of the world, be it Europe or further beyond, when you are trying to explain where you are from in Ireland and you say I am from the Curragh, people know it straight away. They know because of the racing connections and because of the Army connections. They also know it because of Brigid and the folklore I mentioned about Fionn Mac Cumhaill, Brigid and even because of "Braveheart", which was filmed there as well.

The Curragh has quite iconic status but archeologically, as well as in terms of the flora and fauna we have there, we need to preserve it. This generation needs to build on what we have as an asset and we need to make sure the generations coming behind us have this wonderful place to visit and to experience. We need to make sure they have this place that is home to the best of racing. Kildare is recognised internationally as the thoroughbred county. It is home to numerous trainers and to the Curragh racecourse, as well as to the Defence Forces and the museum, as my colleague, Senator Chambers, has noted.

On what the Minister of State has said about the measures identified by the report, the implementation of the conservation management plan, the review of the Curragh by-laws and the Curragh of Kildare Act, I think we are all agreed that new legislation is needed. The potential for either establishing a new agency for the Curragh or assigning an existing specialist State agency to manage the plains is very welcome. The Department of Defence does a really good job but it should not have to look after the Curragh plains. They obviously need to look after the Curragh Camp and other barracks of which they are in charge. It is another job altogether to look after 5,000 acres of land that is unfenced and to which there is unhindered access.

The Minister of State was right in respect of the development of the Curragh as a tourist destination, including possibly the development of a Curragh visitor management and archive centre. That is something Tiago Somers spoke about in his letter to me in terms of enhancing tourism for Kildare. All of this is really good news. It shows there is great potential for the future of the Curragh plains but the first and premier focus must be to ensure that we protect the Curragh plains from these illegal encampments that have led to waste of every description, type and kind all over the Curragh. We have seen all of that circulating; it is beyond time action is taken.

This is why I have been a thorn in the side of the Department of Defence and of the local superintendent, who I spoke to only last night in this regard. I do not mind being a thorn in the side because I stand up for those who are hugely concerned and impacted negatively and for all of those who treasure this special place. I really look forward to the recommendations that come down the line and I thank the Minister of State and I ask him to pass on the message to the Minister for Defence that we appreciate his support. My party, Fianna Fáil, absolutely supports this and we will ensure we have this in our party manifesto and I am absolutely happy to accept any amendments should we get to the next Stage.