Regulatory Impact Analysis Johnstown Castle Agricultural College (Amendment) Bill 2014

REGULATORY IMPACT ANALYSIS – JOHNSTOWN CASTLE AGRICULTURAL COLLEGE (AMENDMENT) BILL 2014

1. BACKGROUND

This Regulatory Impact Analysis sets out the background and objective of the proposed Johnstown Castle Agricultural College (Amendment) Bill 2014 to amend the Johnstown Castle Agricultural College (Amendment) Act, 1959 and the Agriculture (Research, Training and Advice Act), 1988. Johnstown Castle Estate is located close to Wexford town and consists of a 19th century castle, ornamental lakes and gardens, surrounded by some 980 acres of farmland. It was gifted to the Nation by private owners under the ‘Johnstown Castle Agricultural College Act’ 1945 on condition that it would be used exclusively as a lay agricultural college and no other purpose whatever. The use of the Estate was later extended to the conduct of agricultural research under the Johnstown Castle Agricultural College (Amendment) Act, 1959 which also transferred ownership to An Foras Taluntais. The Johnstown Castle Agricultural College (Amendment) Act, 1980 provided for the sale or transfer of certain parts of the Estate designated on a map deposited with Ordnance Survey Ireland. A further amendment, the Johnstown Castle Agricultural College (Amendment) Act, 1996 permitted the sale of up to 5% of the Estate for environmental, heritage, amenity or recreational purposes. The Estate transferred to Teagasc under the Agriculture (Research, Training and Advice) Act, 1988 with all the encumbrances attached relating to the use and disposal of Estate land.

2. OBJECTIVE

The existing legislation governing the Estate precludes Teagasc from using the Estate for purposes other than agricultural education and research. It also prevents Teagasc from disposing of Estate land except for the purposes specifically provided for in the 1996 Act. The purpose of the Bill is to extend the use of part of the Estate no longer used for agricultural research and education to “heritage, tourism, amenity or recreational purposes”. The site is focused on 121 acres comprising the castle, stables, lodges, walled gardens, ornamental lakes and pleasure grounds referred to hereafter as the “castle and gardens”. The specific area for which change of use is being made is marked on a map deposited with Ordnance Survey Ireland. The Bill will allow Teagasc to develop the castle and gardens for the purposes specified above and to lease them to third party subject to Ministerial approval. It also adds ‘burial ground’ to the purposes for which up to 5% of the Estate can be sold.

3. CONTEXT

1 Johnstown castle and gardens do not contribute to Teagasc core functions in agricultural education and research. As custodians of the Estate, Teagasc must maintain them at an annual cost of some €300,000 per annum. The castle and gardens attract circa 35,000 visitors each year which is considerably less than might be expected. Teagasc has commissioned a number of Reports to develop the castle and gardens as a visitor destination for the South East. The Reports highlight their potential as a visitor attraction and also emphasise the need for conservation works to restore protected structures. A Conservation Plan prepared with the support of the Heritage Council in 2007 recommended restoration works to ensure that the significance of the castle and gardens is maintained and enhanced. A Report commissioned by Teagasc, the Heritage Council and Irish Heritage Trust in 2009 proposed phased interventions to transform the castle and gardens into a high quality visitor destination and to arrest the deterioration of the property. A more recent Plan commissioned by Teagasc in 2013 sets out a number of options to develop visitor attractions on the Estate. Teagasc is working with the Office of Public Works and Failte Ireland to develop a proposal to transform the castle and gardens into a visitor destination. However, the basis upon which the castle and gardens can be used by the State is governed by legislation restricting use to ‘agricultural education and research’ and that legislation must be amended to facilitate new uses in the tourism sector. In addition, the local community approached Teagasc some years ago seeking to purchase 2.8 acres of Estate land for a burial ground. Teagasc is willing to sell but the existing legislation must be amended to facilitate the transfer.

4. MAIN PROVISIONS

Johnstown Castle Agricultural College (Amendment) Bill 2014 will facilitate development of the castle and gardens as a visitor destination and the sale of land for a burial ground. Section 2 of the Bill amends section 1 of the Johnstown Castle Agricultural College (Amendment) Act 1959 to include reference to the Act establishing Teagasc and the map which has been deposited with Ordnance Survey Ireland delineating the castle and gardens from the rest of the Estate.

Section 3 amends section 3 (2) of the 1959 Act to include burial ground in the list of purposes for which up to 5% of the Estate land may be disposed of. The existing limit of 5% on land disposals remains in place. This provision also extends the use of part of the Estate comprising the castle and gardens to ‘heritage, tourism, amenity or recreational purposes’ and permits Teagasc to lease that area to a third party for those purposes subject to the consent of the Minister for Agriculture. Section 4 provides for depositing the map of the castle and gardens in the Central Office of the High Court and the Circuit Court Office for the County of Wexford. It also provides that the map shall be retained by Ordnance Survey Ireland and made available to the public. Section 5 inserts a new subsection in section 4 of the Agriculture, (Research, Training and Advice) Act, 1988, which outlines the principal functions of Teagasc, to allow Teagasc

2 develop and operate the castle and gardens for heritage, tourism, amenity or recreational purposes. 5. OPTIONS

Since there are issues concerning the maintenance of the castle and gardens, doing nothing is not a viable proposition at this juncture. Failure to legislate would undermine efforts to develop the castle and gardens as a high quality visitor destination centre for the South East. The existing unsustainable status quo would continue with the castle and gardens remaining largely unused. In addition, the lands required by the local community for a burial ground could not be made available.

The Johnstown Castle Agricultural College (Amendment) Bill 2014 will bring legal certainty to the future use of the castle and gardens. At the same time, it is sufficiently restrictive to ensure that the spirit of the gift of the Estate to the nation is respected. The burial ground proposal is not controversial. Teagasc has already accommodated local interests by providing small land parcels for amenity and recreational purposes.

6. COSTS

The Bill is an enabling provision to allow work on developing the castle and gardens to be progressed. Teagasc is working with the Office of Public Works and Failte Ireland to precisely define the project scope and estimate the full cost. A provision of €2.5m has been provided in 2014 to fund any works arising in that year. 7. CONSULTATION

The Department engaged in extensive consultations with Teagasc and the Office of the Attorney General over a significant period of time in order to confirm the most appropriate legal mechanism to develop alternative uses for the castle and gardens and to facilitate the burial ground proposal. The Attorney General’s Office advised that enabling legislation can provide for new uses and to sell some land for a burial ground. They further advised that it would be good practice for Teagasc to inform the descendents of the original donors regarding the change of use. Teagasc have been in contact with family members and they have reacted positively to the planned development of the castle and gardens.

8. IMPACT

Johnstown Castle Estate will remain in State ownership under the care of Teagasc. The castle and gardens are not required for the performance of Teagasc functions in the agricultural sector. They are largely underutilised in their current state and have not been managed as a visitor attraction. It is recognised that preservation of the castle and gardens for future generations requires Teagasc to find alternative uses for them outside the agricultural sphere.

The Johnstown Castle Agricultural College (Amendment) Bill 2014 removes restrictions attached to the use of the ‘castle and gardens’ dating back to the 1940s. The scope of the Bill is narrow and involves minor technical amendments to existing legislation. It is an enabling 3 provision that paves the way to develop the castle and gardens as a visitor destination. Development can be expected to generate positive economic spin offs in enhancing the attractiveness of the area and sustaining jobs in the local economy through increased visitor numbers etc.

Department of Agriculture Food and the Marine May 2014