A Dublin man told the High Court yesterday that he wants the Minister for Agriculture to "do the decent thing" and provide land for the hundreds of urban children who own horses.
Mr Justice Morris said he felt for and could "sympathise an awful lot" with the children.
But the judge told Mr Robert Draper, of Rowlagh Avenue, Clondalkin, that he could not give him permission to seek judicial review of the Government's approach to the matter. In his application for leave for judicial review, Mr Draper said the Government was "ignoring the principles of social justice" in relation to horses in urban areas.
Mr Draper said the Control of Horses Act, 1996, was "very hard" on hundreds of children who "have a genuine love for their horses". It provided that a local authority "shall not grant a horse licence to any person who fails to satisfy it that the horse will be properly maintained". Part of the maintenance included providing a stable 12 feet long by 12 feet wide by 12 feet high, and a means of exercising the horse.
Those buying horses in future would know what was required of them but children who already had horses could not meet the new conditions, Mr Draper said. They would lose their horses.
Mr Justice Morris said he sympathised with Mr Draper's comments. It was good that children had outlets and they had a right to enjoy themselves.
But it was not in the court's power to direct the Minister what to do, the judge said. The court's power was limited to acting in a situation where it was perceived that the Minister was not acting in accordance with the law. Mr Justice Morris said Mr Draper had failed to satisfy the court that the Minister, in failing to provide the open space sought by Mr Draper, was acting otherwise than in accordance with his duties.
Mr Draper said the children would not only lose their horses but would also be affected by the fact that their horses, when taken, would probably be killed and eaten by people in France or Belgium.