Bernard Durkan (Kildare North, Fine Gael)
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I thank the Ceann Comhairle for allowing me to raise this issue again and the Minister of State for coming in to answer questions in the House. I raise the matter on this occasion to ensure the focus remains on the vital issues surrounding access to Castletown House, Celbridge, in my constituency, and the future of the house, which is a stately mansion of historic significance. It is significant architecturally and in terms of local amenities and tourism. It has an historical link with this House because the Speaker of the Irish Parliament came from there.

I welcome the ongoing negotiations. However, there is a worry, namely that while those discussions are taking place, the access that was previously enjoyed by the general public and the State, which owns Castletown House and 227 acres, is not available. People had the right to pass freely in any direction they wanted for the past 15 years, albeit on foot of a licence granted by the neighbouring landowner. That arrangement has now come to a halt and the access has been denied. The longer that access is denied and the State and its agents cannot traverse from the M4 to the house and grounds, as was previously the case, the more a question mark will be raised. I welcome the presence of the Minister of State, Deputy Fleming. I ask that every effort be made to restore access for the public in the shortest time possible. The longer the house remains closed, the greater the chance that it will not be open to the public again in the way we had become accustomed to.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I thank the Deputy for raising this important, sensitive and difficult issue concerning Castletown House, Celbridge. As he and everybody knows, it is an 18th century neo-Palladian country house built within an extensive estate. The Deputy will be aware that there have been many difficulties over this matter recently. I have a very extensive note on the matter but even if I do not get to read it all into the Dáil record, he will be given a copy of the full script.

In 1994, the Office of Public Works took responsibility for Castletown House and estate. Initially, there was only 13 acres of land with the house. It has long been the policy of the OPW to seek to reunite the parts of the historic Castletown estate. In 1997, 100 acres south of the house were acquired. The farmyard adjacent to the house was acquired in 2001. In 2006, lands associated with Batty Langley Lodge were acquired, and former Coillte lands to the north and east of the house were acquired in 2007. Since 2008, the OPW has reassembled 227 acres of the original 580 acres of land that formed the historic demesne.

As part of the policy to seek to reunite the historic Castletown demesne lands with the house and lands in the care of the State, the OPW sought on several occasions to purchase the lands from Janus Securities, including when the lands were offered for sale on the open market in 2022. However, despite the best efforts of the OPW, the State was outbid in the open market process and ultimately, the lands were acquired by a private purchaser.

The OPW entered into negotiations with the new landowners on a licence agreement in May 2023. While the OPW was prepared to pay the significant uplift in the licence fee the landowners were seeking, the OPW could not agree to the unreasonable terms of the licence agreement. The landowners then allowed the use of the M4 access road and carpark until 15 September 2023. In the interest of ensuring access for approximately 25,000 annual visitors to Castletown House and approximately 1 million visitors to the estate, the OPW continued to work with the landowners. During July and August of this year, the OPW sought to buy the land from the new landowners. However, it was not possible to agree to purchase the majority of the land holding. On 31 August, the OPW made a compelling without prejudice offer to the private landowners to specifically acquire the 19 acres of land comprising the carpark, a right of way on the access route from the M4 gate and other lands close to the House. This was rejected by the new landowners.

As it appeared unlikely that agreement could be reached, the OPW developed plans for a small carpark of 70 spaces. While the M4 access may have changed, the State continued to have primary access to Castletown House and estate through the historic Celbridge gate entrance. The purpose of this was to ensure adequate access to Castletown House which is of national and international significance. The proposed temporary car park would have assured the primary, historic access route through the Celbridge gate and over Lime Avenue to Castletown House. It would have enhanced facilities for cyclists and drivers with a disability. After a robust and positive engagement with the local community, the OPW did not proceed with the temporary car park plans. This was after having listened carefully to local community views in Castletown. However, the impact of this was reduced car parking at Castletown House with a smaller number of car parking spaces. The primary access would be through the historic Celbridge gate and Lime Avenue for cars. A concern was raised by residents that the lack of car parking would result in inappropriate parking in neighbouring housing estates. However, this is outside of the role of the OPW

Bernard Durkan (Kildare North, Fine Gael)
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I thank the Minister of State for his reply. While discussions continue to take place, they have not been successful to date. It is opportune at this stage for the State to seek a temporary injunction to gain the access the Minister of State referred to in his reply from the M4 to the estate, including the estate house and the 227 acres the State already owns. It is not an unreasonable request. It does not in any way impact on the adjoining landowner who will continue to have full access to the road, as is his right, but the State should also be accommodated to secure the facilities the State owns, which have historical, architectural and community significance. The State should safeguard its interest as a matter of urgency. That means seeking legal opinion with a view to seeking an injunction to enable the State to safeguard its access and pointing out that the alternative access referred to by the OPW is completely out of reach for the simple reason that the traffic would exit onto the main street in Celbridge, which would be totally impractical in the present climate as there is severe traffic congestion already. Anything more added to it will only make matters worse.

Seán Fleming (Laois-Offaly, Fianna Fail)
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On the specific request for legal action to allow access for OPW staff, agents and visitors, there does not appear to be any legal grounds for this. I understand the sentiments of the Deputy. The compulsory purchase order, CPO, process is long and engaging. It would take a substantial period and we cannot be sure of the outcome. The purchase of land is an obvious option which is being pursued. The OPW has as its major objective for this project to improve the facilities in the grounds and not have overspill into adjoining properties, onto the main street and into the housing estates in the area. The further difficulty is that if access is not permitted, OPW staff cannot clean, maintain and service the house, including the toilets. The OPW has a duty when it has employees on the premises to have adequate facilities available. That is being compromised at the moment and it is making the situation difficult for staff.

All I can say is that we, through the OPW, have met community and elected representatives. The Deputy stated the case clearly here this evening to try to bring it to a conclusion. The OPW is willing to do so, but not at a ransom price when acting on behalf of taxpayers. That is one of the issues with land in private ownership. Most people, including the Deputy, will say there must be a limit and the taxpayer cannot be held to ransom in situations such as this one. The OPW will continue as best it can to liaise with all involved and to work towards a satisfactory conclusion, notwithstanding the current difficulties.