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Killarney National Park, Dung catchers - background note

22/12/09

Killarney National Park – Containment and Disposal of Horse Dung

Background

Killarney National Park is owned by the State and is managed by the Department of Environment, Heritage & Local Government through its National Parks and Wildlife Service (“NPWS”). Killarney National Park is specifically protected under Regulations implementing EU Habitats Directive (SI No. 94 of 1997) and EU Birds Directive (SI No. 31 of 1995) as well as having UNESCO biosphere reserve designation (12 August 1982).

1. Killarney National Park attracts over one million visitors each year. The Park is a place where people come to enjoy the open air, to appreciate some of the highest quality natural heritage in Ireland and Europe, including the beautiful landscapes and scenery and the built heritage particularly at Muckross House.

2. Visitors come from the locality, from around Ireland and from many countries around the world. Some walk and ramble around the pathways and walkways in the park, take a tour of Muckross House, take a jarvey ride, take a boat or water bus ride, pony trek, cycle, picnic, or visit the park restaurant. Many children frequent the park where they can play and run around.

3. The development of the town of Killarney has been largely based on the tourism industry and the national park is the main attraction for tourists. Unlike many parts of the country, Killarney attracts visitors at all times of the year and the National Park welcomes visitors all year round.

4. Balancing the demands of maintaining the natural environment as required under law with visitor demands can be a difficult task. Further, balancing the often conflicting needs, demands and wants of all visitors and users of the park is a complex task. The Department devotes considerable time, energy and resources to achieving this balance.

5. Clearly, given the statutory demands on NPWS and the need to deliver a visitor product of the highest quality, all visitors and users must respect the park and its rules. NPWS is charged with regulating the use of the park by all users to ensure the enjoyment of everybody, the common good, the best quality tourism product and the pristine environment.

6. To achieve this, a range of statutory powers are available to the State to manage the park including the following: The Bourne Vincent Memorial Park Act 1932); Bye-laws made under the Bourne Vincent Memorial Park Act 1932 in 1971; and the State Property Act 1954

7. Jarveys have long been associated with Killarney National Park and the NPWS is content to facilitate the jarveys in making money from the Park by plying their trade therin. While jarvey rides are a tourism attraction, jarveys are in a somewhat privileged position in being facilitated in operating in a National Park with over one million visitors annually, when similar horse drawn rides are not permitted in any other Irish national park. No fee is obtained from the jarveys apart from the annual licence fee of €25.

8. As with any other users of the Park, NPWS believes that such use by jarveys carries with it responsibilities and further, that such use must not conflict unduly with the needs of other park users. It is the role of NPWS under law to manage this issue.

9. Currently, 45 jarveys, operating 66 jaunting cars, ply their trade under licence from the NPWS across a network of some 15 kilometres of internal pathways within Killarney National Park.

10. One of the consequences of so many jarveys plying their trade along the pathways in the Park is that these pathways are consistently fouled with horse dung.

Why Take Action?
11. These same pathways are also used by walkers, cyclists, wheelchair users, people with buggies and children. The presence of this dung on the pathways in the Park has for a long time been a concern from aesthetic, environmental, tourism and health and safety grounds.

12. Over the years, complaints have been made by Irish and foreign visitors about the disgraceful condition of the soiled roads.

13. As managers of the park, NPWS considers that the continuous unrestricted soiling of paths is no longer deemed acceptable for a number of reasons:
 
• Advice from a health and safety consultant indicates that it can give rise to health and safety issues including causing dangerous underfoot conditions and cross- contamination.
• It is unsightly for visitors.
• Visitors' walks are interrupted as they seek to avoid  the dung on the ground.
• The smell of dung pervades the air.
• It is inconsistent with the provision of a quality gold-standard tourist attraction. This is especially so where tourists are becoming more discerning, where tourism numbers are falling in current economic circumstances and where tourists will be aware that this issue is successfully dealt with worldwide by the use of dung catchers.
• It attracts flies which are annoying, may sting and pose health risks.
• In warm weather it is particularly smelly. In wet weather as is often experienced in the South West of Ireland, the dung turns to slurry which runs along the pathways. This is particularly unpleasant and causes unwanted splashing of pedestrians and cyclists. This splashing is caused by the pedestrians themselves and by jarvey horses and carts moving along the pathways. 

14. In considering how to deal with this issue, NPWS believes that there is a need to consider best practice. We must take account of changes in attitudes, understanding and emphasis on health and safety issues.

15. NPWS has endeavoured over the years to facilitate the jarveys and to maintain a good visitor experience by cleaning the pathways. However, it is a battle against the tide - there are 15 kilometres of pathway used by the jarveys. No sooner has a pathway been swept than it may be soiled again. All this cleaning work is carried out at the taxpayers’ expense.

16. Over the years, the NPWS has facilitated the jarveys in other ways such as providing special “stands” for them within the Park including the provision of shelters, water and refuse collection as well as carrying out surface work on the roads to a level which would not be necessary for walkers.


Consultation

17. In terms of finding a solution, the state of the public finances and the restrictions on staffing numbers and financial resources means that even if would work (which it does not), the stepping up of the sweeping regime would not be possible.

18. The Department’s decision to introduce dung catchers was not taken hastily or lightly and followed a long process of consultation with the jarveys, consideration of expert advice, carrying out trials, arranging demonstrations for jarveys.

19. As far back as February 1998, NPWS first met with the jarveys and asked them to consider how they might assist the problem.

20. The NPWS set out to address this problem finally in the context of the Management Plan for Killarney National Park 2005-2009 where, inter alia, there was a commitment given to undertake research and demonstrate best methods for containment and disposal of horse dung and to implement a methodology in consultation with the jarveys. This plan which was in preparation for a number of years, was published in 2005.

21. This Management Plan was drawn up in co-operation and in consultation with the Killarney National Park Liaison Committee which was established to represent the views of the local communities and groups in the management of the park. The Committee comprised representatives from Conservation, Recreation, Commercial, Community and Educational sectors. The committee included a representative from the Killarney Town jarveys and a representative from the Muckross jarveys.

22. In October 2007, NPWS began a process of consultation with the jarveys to see how the dung issue could be dealt with. NPWS wrote to all jarveys on 12 October 2007 requesting suggestions on how containment and disposal of horse dung could be achieved in the park.

23. NPWS arranged a series of meetings with the jarveys commencing in November 2007 and subsequently hosted meetings on 29 November 2007, 14 December 2007, 30 January 2008, 19 February 2008, 5 April 2008, 29 May 2008 and 14 August 2008.

Options Considered during the Consultation Process

24. During the meetings, two clear options emerged for dealing with the dung issue. These were firstly, the use of dung catchers to prevent soiling the footpaths and secondly, routine cleaning of paths using either machinery or manpower.

Road Sweeper
25. On 5th April 2008 as part of the consultation process and in order to consider the road sweeper option proposed by the jarveys, NPWS arranged a mechanical road sweeper trial in Killarney National Park. This was attended by representatives of the jarveys. Although the road sweeper had some merit in collecting horse dung, NPWS was of the view that there were considerable factors militating against its use in Killarney National Park – not least the fact a sweeper would simply not solve the problem because no sooner would the roads be swept than they would be fouled by the jarveys’ horses again. Other issues were the noise levels which were not conducive to a national park and especially in the current economic climate, the cost of purchase, maintenance and manpower required to operate them. 

Dungcatcher Option
26. Throughout the consultation process, the Department tried to understand the concerns expressed by the jarveys about the dung catcher. In particular, the jarveys made a number of arguments against dung catchers to NPWS as follows:-

• Firstly, the jarveys maintained that the terrain in the Park is hilly and is not comparable with the terrain where dung catchers are used in other countries around the world.

• Secondly, the jarveys claimed dung catchers used in Ireland could give rise to animal welfare issues cause a horse to bolt.

• Thirdly, the jarveys contended that technically it would not be possible to use dung catching devices in Ireland on the 2 wheeled traditional cart used by some jarveys.

27. In order to consider these issues which were brought to our attention, NPWS went to considerable lengths to investigate thoroughly the points made:

Expert Advice
28. Firstly, to enable NPWS to make an informed and objective judgement on these issues advice was sought from veterinary and animal welfare experts. Mr. David Muir was invited to KNP to assess the situation and to provide advice. Mr. Muir is an equine consultant with the RSPCA in the UK, and amongst other things, was engaged by Blackpool Council as advisor in the context of that Council's introduction of dung catchers to landau operators. Mr. Muir examined the terrain in KNP where the jarveys operate and also viewed the various jaunting car types used in the park.  He concluded that he could foresee no difficulty in the use of dung catchers in KNP. He has provided ongoing advice and has been available for discussion with jarveys. NPWS also worked extensively with one of Ireland’s leading equine veterinary consultants Mr. Joe Collins, MVB, MRCVS, Cert EP, Cert VR from UCD’s Veterinary Medicine Faculty and President of the European Equine Veterinary Association and Member of the Equine Committee of Veterinary Ireland. Mr. Collins has also been available for discussions with the jarveys. In addition, a representative of the Kerry Society of Cruelty to Animals and also an independent local veterinary surgeon attended trials carried out.

Practical Trials
29. A trap and a number of horses were secured and tests were carried out.  The trap used was the traditional 2 wheeled trap which the jarveys claimed could not be used with dungcatchers

• In October, a four-hour trial by NPWS was carried out using one horse with a dung catcher on various terrains.  The trial was attended by Mr. David Muir, by a representative of Kerry Society for Prevention of Cruelty to Animals and an independent local veterinary surgeon. 

• In November, a further 4 horses of various sizes and temperaments were trialled. Regional management staff at this trial were again accompanied by experts including Mr. Joe Collins.


30. A key point to note is that the device is attached to the jaunting car, never to the horse itself, nor the harness.


Outcome of Expert Consultation and Practical Trials
 
31. The overwhelming outcome of the practical trials and of consultations with experts is that dung catchers:

• work effectively with traditional traps
• work in various terrains
• are easy to attach
• do not compromise animal health or welfare

Mr Collins concluded, inter alia, that "this device was tested under conditions which should equal and exceed those experienced during use on the roads, tracks with licensed operators and horses. Its performance over a full range of terrain, slopes and cambers was comprehensively assessed….On horse health and welfare grounds this devise is considered entirely satisfactory."  As regard safety, it is the view of experts that horses that are suitable for jarvey work in the first place would accept dung catchers.

It is also evident that dungcathers have been used successfully in the US, Europe and Australia.

Decision to introduce Dungcatchers and Practical Demonstrations for Jarveys

32. On 14 August 2008, at a meeting between NPWS and the jarveys, the initial consultation process was concluded and in case the jarveys wished to add anything to the year of talks or amplify any issue, NPWS invited submissions which would be taken into account when arriving at a decision. In the event, one submission was received.

33. On the basis of the options considered and the trials carried out it was decided to proceed with the dungcatcher option as the one which presented the best method of dung containment.  In March 2009, the jarveys were invited to a briefing given by the NPWS recalling the issues raised during previous consultations, options examined and the proposed way forward. A DVD showing the effective dungcatcher trials was presented at the meeting.  A date to introduce dung catchers on 8th June 2009 was established which allowed jarveys 3 months’ notice in order to become familiar with the new devices and to accustom their horses in good time.

34. The dungcatchers have been offered free of charge and the NPWS has provided the necessary infrastructure  in the park to facilitate the collection and disposal of dung.

35. Two practical demonstration days were subsequently organised by NPWS for the jarveys where they could raise any issues or concerns.  The first in April 2009, attended by the NPWS equine expert and veterinary consultant, an independent vet as well as the Kerry SPCA demonstrated the successful use of the device on a moving jaunting car. The second demonstration was held the week before 8th June where the emphasis was on fitting of the device. However, both these days were poorly attended by the jarveys and there was very limited engagement by them.

36. In the event, the jarveys had signalled their complete opposition to the new devices.  However, they have not tried out the devices to show where they perceive the problems to lie. This makes it difficult to pinpoint what their actual reservations are and therefore, to work to overcome any problems with the devices.

37. There had been some discussion with the legal representatives of the jarveys but these were not  fruitful.

Post 8th June target
38. Despite concern expressed from many members of the public as to why the jarveys continued to ignore the 8th June deadline, the NPWS chose to continue with efforts to resolve the matter in a non-confrontational and patient manner. In this regard, the NPWS subsequently wrote to all jarveys following 8th June (on 4 occasions). The jarveys were also advised that they were required to have a valid permit, indicating that they were operating illegally in Killarney National Park without one and that failure to take out a permit would force NPWS to take appropriate enforcement action. In a letter of 18th June, 2009 NPWS tried sending out a permit to each jarvey to be signed and returned by 26th June but none elected to take out a permit.

39. Notwithstanding that the 8th June deadline had long passed, the NPWS were still prepared to allow the jarveys to re-enter the Park straightaway provided they signed the licence, collected their dung catcher and showed a firm commitment in the short term that they would subscribe to the new requirements. This did not happen.

40. None of the jarveys had a valid licence and none had equipped their jaunting cars with a dung catcher which is a now a condition of the permit. As they would not engage with NPWS and continued to operate in an illegal fashion NPWS was therefore compelled to act on Tuesday 14th July 2009 by closing off access to the jaunting cars.

High Court Case

41. The 8th July closure was met by a prolonged period of entrance gate protests by the jarveys culminating in an application for a judicial review by a number of them largely representing the town-based jarveys to the High Court on 17th July. At this stage the jarveys re-entered the national park pending the outcome of the application for an injunction to the High Court.

42. On 29th July the High Court (Judge Charleton) made an Order refusing the application of the jarveys for an injunction which affirmed the NPWS’s authority to erect the bollards.

43. Judge Charleton, after giving judgement, suggested that parties should meet and move forward in a peaceful way.

Events since High Court Case

44.  Rather than blocking entrance to the jarveys again for continued refusal to engage, in an attempt to advance matters in a peaceful manner, the NPWS allowed the jarveys back in and corresponded with the jarveys and agreed to appoint an outside facilitator in order to facilitate the introduction of dung catchers.

45. However, after consulting with the jarveys, the facilitator wrote to the NPWS on  14th  September indicating that he could not advance matters as the jarveys would not engage with him.

46. As affirmed by the High Court, the NPWS is mandated to manage Killarney National Park. As there has been no co-operation by jarveys in relation to the introduction of the dung catcher even with an independent facilitator, the NPWS was once again, on 13th  October compelled to exclude all jarveys from operating as jarveys in Killarney National Park until such time as they begin actively trialling and correctly using the dung catchers and their horses have become accustomed to the device.

47. A DVD has been made by the National Parks and Wildlife Service (NPWS) which shows how to fit and how to use the dung catcher and this is available from NPWS regional management in Killarney. In addition, a facilitated programme of training can be established if required to supplement the DVD. Jarveys would be permitted to enter the National Park once the NPWS is satisfied that their horses are suitably trained in the use of the dung catcher.

48. On 20th  November 2009, the NPWS wrote to each jarvey suggesting they take the opportunity presented by the this time of year when business is quiet, to just try out the dung catcher and to trial it themselves, at a time and a place that suits them. The NPWS fails to understand the jarveys’ current position when there has been no attempt by them to even try to utilise the device. The NPWS feel that if the jarveys were to just try the dung catchers, it would go a long way to allaying any issues there may be and should there be any residual concerns, the NPWS would be happy to discuss such with the jarveys. None of the jarveys has responded to this latest approach by the NPWS.

  • Click on link below to view a short film showing how to use the dung catcher and to view short film showing dung catcher in use.

http://www.youtube.com/user/doehlg

 

CHRISTMAS HOLIDAY OPENING ARRANGEMENTS

Killarney National Park and Muckross Gardens and Arboretum remains open to the public throughout Christmas and the New Year.

Muckross House will close on 24th December 2009 and re-open on Sunday 2nd January 2010.

Muckross House Walled Garden Centre (Restaurant and Shop) will be open 28th-31st December (inclusive) from 11.00am until 3.00pm.

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