TWENTY-SEVEN JARVEY drivers lost their High Court challenge to a ban on driving through Killarney National Park unless they agree to attach dung catchers to their horse-drawn carriages.
Mr Justice Liam McKechnie yesterday ruled the National Park and Wildlife Services (NPWS) was entitled, as part of its duties to manage and maintain the park, to insist the jarveys use the dung catchers. It was a matter of regret the jarveys had refused to operate the dung catchers even on a trial basis, the judge added.
The jarveys brought their proceedings against the NPWS, part of the Department of the Environment and Local Government, for an order quashing the ban imposed last year. They argued the NPWS had no lawful authority to impose the condition of attaching dung catchers and claimed no bylaw existed to impose such a restriction.
They also argued the dung catchers were dangerous and could result in a horse bolting.
The NPWS denied all those claims. It also told the court there are some 15km (10 miles) of internal pathways within Killarney National Park. One of the consequences of so many jarveys plying their trade along those pathways was they were “consistently fouled” with horse dung.
In his judgment, the judge ruled the imposition of the dung-catcher requirement was not made outside the provisions of the relevant 1932 Memorial Park Act.
The jarveys also failed to make out a case of any attack on their constitutional rights, including their right to earn a livelihood, or of discrimination.
The best way to prove their concerns on these issues would have been to use the device concerned on a trial basis in a controlled environment, the judge said. It was a matter of regret they had refused to do this.
He said the NPWS had a duty to manage and maintain the park for the enjoyment of the public.
There is a much higher level of environmental awareness now than 20 years ago and those with responsibility had to respond, the judge said. Tourists were now much more discerning than in the past and the product being offered to them must reflect this, he added.
The judge also referred to the potentially hazardous conditions posed by dung on hard surfaces in the park when it rained. There were also problems with flies which, he said, constituted potential issues for health, welfare and safety.
The presence of dung posed also potential problems for wheelchair-users and buggies, he said.
The issue of costs of the action will be dealt with in June.
Set of clean heels: Ruling widely welcomed
THERE HAS been a positive reaction in Killarney from the Minister for the Environment and among senior National Parks and Wildlife Service officials to yesterday's High Court decision.
The court ruling allows the service to insist that jarveys who ply their trade along the most- visited tourist spots within the Killarney National Park must use dung-catching devices.
Minister for the Environment John Gormley praised his staff and said Killarney National Park, visited by one million tourists a year, deserved the highest standards being maintained.
"A dung-free landscape can only improve the attractiveness of the park for visitors," he said.
Eamonn Meskell of the service said: "The dung gives rise to health and safety concerns and can cause cross-contamination from children's buggies, bringing dung into family cars and the Muckross restaurant. We just want to keep the park safe and clean."
Jarveys locally were disappointed. Their solicitor Paul O'Donoghue said:"We must consider all the implications of the judgment and will also be actively considering an appeal to the Supreme Court."