Patrick O'Donovan (Limerick County, Fine Gael)
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I propose to take Questions Nos. 228 to 233, inclusive, together.

The OPW remains open to negotiations with the new landowners on the subject of securing vehicular access and parking facilities for the public and the staff of the OPW across the subject lands whether through a purchase, a lease or by way of a licence. However, the OPW does not consider that the appointment of a new mediator for negotiations between the parties would serve any function at this time.

The OPW is aware of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 which was brought forward by the Department of Housing, Local Government and Heritage last year. The Deputy appears to be referring to the powers provided under section 188 of this Act. As is clear from subsection (1) of section 188, the powers provided under that section are not freestanding; they can only come into play where one of the statutory authorities under the Act has other functions which need to be supported by the powers set out in section 188. Simply commencing section 188 would not, therefore, add anything to the situation as it currently exists in relation to access by the staff of the Office of Public Works to the property in question. Section 188 would only be of assistance if other provisions of the Act had been commenced, in particular the provisions relating to the Register of Monuments and national monuments (as defined in the Act) and Castletown House made subject to those provisions. I am advised by the Department of Housing, Local Government and Heritage that work is ongoing to put in place the necessary administrative measures to enable commencement of the Act on a phased basis, but as matters stand it would not be possible to commence immediately the provisions relating to the Register of Monuments and national monuments.

As it stands, and as the Deputy will be aware, the State already has access to Castletown in order to ensure the integrity of the heritage site. The official vehicular access, through the Celbridge Gate, to Castletown House was acquired by the State in 1994 along with 13 acres of land.

As the Deputy is aware, one of the community groups has proposed a solution to staff access. My officials have welcome this proposal, with some minor caveats based on compliance with EU procurement rules and access for blue badge holders.

As I have already stated, on many occasions, the Lime Avenue is not for general visitor traffic to Castletown House. My officials will ensure that this is more clearly communicated in the coming days. The use of Lime Avenue as access for blue badge holders must continue.

The OPW have outlined how the system of pedestrian priority has always operated in Castletown House and Estate for access for staff who park at the east of the House and for people with a disability. It is also how Castletown Estate has always operated in regard to vehicles involved in the maintenance of the grounds. This is the same system in place in St. Stephen’s Green, Oldbridge House, Farmleigh, Kilkenny Castle and many other OPW Heritage sites.

On health and safety concerns, the OPW have already made appropriate risk assessments for the use of Lime Avenue are publicly available on www.gov.ie/en/publication/5096a-castletown-house/

The OPW directly employ a Health and Safety Officer to deal with safety matters for occupational health and safety and visitor safety. The approach for visitor safety is informed by the ‘Visitor Safety Group’ of which the OPW is a member. The overall approach to health and safety on all of the OPW visitor sites is audited by the State Claims Agency. The outcome of their annual audit programme informs reviews of health and safety on all sites. This is a vigorous system of continual improvement and review.

However, it is clear that this community group continues to have concerns, my officials will continue to engage to balance the concerns with our duties and responsibilities. The OPW have appointed a health and safety professional from an Office of Government Procurement framework to carry out a specific audit of the use of the vehicular and pedestrian access routes for OPW staff vehicles, people with a disability and external contractors. The OPW will request that the health and safety professional present their report to the Castletown House and Estate Stakeholders’ Working Group, and to answer their questions and queries. The health and safety professional must be the person who finalises the report as it must take account of the OPW’s obligations as an employer under the Health, Safety and Welfare at Work Act. The OPW will take the advices from this health and safety professional

I would urge the community consider an immediate return of the OPW team to immediately start to facilitate immediate benefits for the community such as longer opening hours, based on daylight hours, the reinstallation of bins as staff would be able to empty them, manage the site, reopen visitor toilets; advertise for a café operator so that the café can re-open and undertake cleaning and maintenance works to allow Castletown House to reopen in 6-8 weeks time.

Castletown House and Estate can only be opened to the public, as in previous years, with the return of its experienced staff to preserve and conserve the house and the estate.