Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

Once again, I thank my esteemed colleague, Deputy Durkan, for his long-standing, genuine and heartfelt interest in Castletown House and estate. As I have said previously, it is something on which the Deputy has worked over a considerable period through our parliamentary system, and he has dealt with it publicly as well.

I take this opportunity thank all members of the Castletown House and estate stakeholders working group, of which Deputy Durkan and his fellow public representatives are members. This working group was initiated by my predecessor. I have had three meetings to date on this matter, but I have been in this role for a relatively short period. I want to resolve it. I want to find a proper and normal way to get Castletown estate open to the public. An element of that is getting the staff back in. There is a number of moving parts. It is not straightforward, and Deputy Durkan will be aware of that. I very much value the input of the working group. Anything I have done I have done with input from the working group and public representatives in order to make sure that everyone is aware of what I am doing.

As I have stated previously, the owners of the M4 lands erected a gate across the entrance of the boundary between the section of the privately owned road, the access further up by the local authority. This has been used by the visitors to Castletown House and the staff to access the estate by means of a road and a temporary car park, which was previously used by the OPW under licence with the previous owner. However, the placing of a gate on a private land is not a matter over which the OPW has any control. The owner of the lands is entitled to control access to lands as it sees fit, subject to compliance with the planning process.

I have a couple of points to make. I made a commitment to the working group at the previous meeting that I would approach the landowners, which I have done, and that I would further engage with them, which I am doing. I agreed that once I had met with the landowners, I would re-engage with the working group. That was the agreement for the structure.

I have a couple of comments to make in respect of the specific point the Deputy raised. In fairness, he has been very consistent. This is a matter about which he feels strongly. I want to deal with two components. First, as the Deputy will be aware, the OPW sought legal advice about the right of way over the lands formally managed under licence. As entry to and over lands was by permission, no such rights have accrued and therefore it cannot enforce a right of way by injunction or any other means over these privately owned lands. That is the legal advice we have received.

We are to remain engaged with the working group. The local community has requested that Kildare County Council consider recognising right of way over these lands, but I am not aware of its progress to date. Kildare County Council, with whom I have no doubt Deputy Durkan is in touch, will be best to provide an update on that. At the most recent meeting with the working group, I gave a commitment that I would meet with Kildare County Council about the overall situation at Castletown estate. I am in the process of arranging this. At the meeting to which I refer, I stated that I would engage further with the landowners and that we would then hold a meeting. I provided a health and safety risk assessment, which was carried out by a qualified firm on a limited, time-bound access for a small number of vehicles on Lime Avenue. That was to get staff back in. I provided that for the consideration of the working group. Part of the OPW’s policy is to seek to reunite the historic Castletown demesne with the house and lands in the care of the State. It has had several opportunities to purchase the lands. More recently, it was outbid on the open market value.

On the particular point Deputy Durkan raises, I have further work to do. I thank the Ceann Comhairle for allowing me latitude. Deputy Durkan is probably referring to the commencement order for certain heritage related provisions under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023. That legislation commenced on 31 May, so it has just commenced. My officials have been in contact with the Department of Housing, Local Government and Heritage about any implications relating to the OPW and Castletown House. I again gave a commitment to follow up on this. We have been advised that section 188 of the Act sets out the powers of which relevant authorities, including the Office of Public Works, can avail in order to perform its substantial functions under the Act. However, as section 188(1) sets out, the powers of further relevant authorities under this section can only come into effect when such powers are considered necessary for the relevant authorities to fulfil other functions specified under the Act. Therefore, the commencement of section 188 alone would not automatically permit the Office of Public Works to retain access to the property in question through privately owned land. Section 188 would only be of assistance if other provisions of the Act had been commenced, in particular provisions relating to the register of national monuments as defined in the Act and if Castletown House was made subject to those provisions.

It is all a matter of process. The necessary administrative measures to enable commencing the Act on a phased basis are under way. I realise that substantial work is required to commence the provisions of the Act, particularly those pertaining to the register of national monuments. It is unlikely to commence immediately. We are told that powers, including by way of compulsory purchase order, are provided for in the Act. Again, however, Castletown House would have to be entered into the registry of monuments.

I know I am relying on the indulgence and patience of the Ceann Comhairle. I want to go through a process. At the most recent meeting, I committed: first, to continue to engage with the landowners; second, that I would look at Batty Langley Lodge as an access point for staff; third, to follow up with Kildare County Council; fourth, to look at the feedback on the proposal I put out on the health and safety risk assessment regarding temporary access only for staff; and, fifth, to look at the other Act to see what might be available to us in the context of securing right of access.

I want to stick with process but I very much take on board the Deputy's points, so I await his observations.

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