A group of 27 jarvey drivers have lost their High Court challenge to a ban on their driving through Killarney National Park unless they agree to attach dung catchers to their carriages.
Mr Justice Liam McKechnie today ruled the National Park and Wildlife Services 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 had brought their proceedings against the NPWS, 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 bye law 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 15 kilometres of internal pathways within Killarney National Park and 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, Mr Justice McKechnie ruled the imposition of the dung catcher requirement was not made outside the provisions of the relevant 1932 Memorial Park Act.
The jarveys had 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, he also said. It was a matter of regret they had refused to do this.
The judge said the NPWS has 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, he 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 potential problems for wheel chair users and buggies, he added.
The issue of costs of the action will be dealt with in June.