Tag Archives: jarveys

Killarney Town Council agrees list of draft jarvey byelaws

15 Jun

Killarney Town Council has approved a list of draft byelaws for jarveys, including the compulsory use of dung catchers, in the town. It follows an unsuccessful High Court challenge by jarveys which has resulted in them trying out the controversial devices on their jaunting cars for a trial period. Mayor of Killarney Michael Gleeson said the introduction of the byelaws had been postponed to allow for the High Court proceedings to finish. Councillor Gleeson paid tribute to the jarveys for agreeing to use the dung catchers on a trial basis. However, Councillor Sean Grady said the byelaws were superfluous in the light of the High Court ruling. The byelaws will now go out for public consultation for a period of two months and will then come back before the Council in September. If they are passed at that stage they will be put in place for the 2011 season. Town Manager John Breen urged business people and residents to have their say on the byelaws adding Killarney needs to say what it wants. He said discussions between jarveys and the Council had been positive and the jarveys now wanted to move on.

Jarveys relent and attach “dangerous” dung catchers

27 May

A group of Killarney jarveys say it’s too early to say how dung catching devices are working. A number of the jarveys returned to work in the National Park today with the devices attached to their jaunting cars. They had been banned from the park by the National Parks and Wildlife Service after they refused to use the dung catchers.

Earlier this month the 27 Killarney based jarveys lost their High Court battle with the NPWS. The jarveys claim the dung-catchers are a health and safety risk – a claim disputed by the NPWS who say the devices are used in a number of countries already. The NPWS said a ban was necessary as the horses were soiling roads and paths. Today the jarveys returned to the National Park with the dung-catchers attached to their jaunting cars. Chairman of the Killarney Jarvey Association, Pat O’Sullivan, says it’s too early to say how the devices are working.

This move by jarveys is being done on a trial basis without prejudice to a Supreme Court appeal to the High Court ruling. A written judgement from the High Court still has to be completed and it’s understood that after this is received an appeal to the Supreme Court could be lodged by the jarveys.

via Radio Kerry News

Killarney Jarveys Lose High Court Challenge

13 May

A group of jarveys who brought a legal challenge to a ban on them using Killarney National Park in a row over the use of dung catchers for their horses have lost their High Court Case.

Mr Justice Liam McKechnie ruled that the National Park and Wildlife Services was entitled to insist that the jarveys use dung catching devices as part of its duty to manage and maintain the park.

The judge also said it was a matter of regret that the jarveys had refused to operate the dung catchers even on a trial basis.

27 jarveys took the High Court action after being refused access to the park last year for refusing to use dung catchers on their horses.

They argued in court that the National Park and Wildlife Services had no power to ban them from the park.

They also argued that it was an attack on their property and personal rights, was discriminatory and infringed their constitutional right to earn a living.

The judge ruled against them on all points.

They had also argued the devices were unsafe and raised concerns for animal welfare.

However the judge remarked that the best way to prove their concerns on these issues was to use the devices on a trial basis in a controlled environment.

Mr Justice McKechnie said the NPWS had a duty to manage and maintain the park for the enjoyment of the public.

He said there was a much higher level of environmental awareness now than there was 20 years ago and those with responsibility for this had to respond.

He said tourists were much more discerning than in the past and the product being offered to them must reflect that.

He cited the potentially hazardous conditions posed by dung on hard surfaces of the park in the rain, the smell and flies, which all constituted potential problems for health, welfare and safety.

He also cited the potential problems for wheel chair users and buggies.

Jarveys & NPWS invited to appear before Committee

7 May

An Oireachtas Committee is to invite Killarney based jarveys and the National Parks and Wildlife service to make presentations to it. The Joint Committee on the Environment, Heritage and Local Government says this will happen when judicial proceedings have finished.

The invitation follows requests by Kerry County Councillor Michael Healy-Rae and South Kerry Deputy Tom Sheahan. A judgement is due on May 13th on the case brought by 27 Killarney based jarveys after they were banned from Killarney National Park by the NPWS. The jarveys refused to attach dung catching devices to the horses’ carts on the grounds of health and safety.
However, the NPWS rejected this, saying paths in the park were consistently fouled by the jarveys’ horses.

Reserved judgment in jarvey drivers case

12 Feb

The High Court has reserved judgment in a challenge brought by a group of jarvey drivers to ban them from driving through Killarney National Park unless they agree to attach dung-catchers to their horse-drawn carriages.

The 27 jarveys, who claim the dung-catchers are dangerous, are seeking a court order quashing the ban imposed last October by the National Parks and Wildlife Service.

The case concluded after two days this week before Mr Justice Liam McKechnie who reserved judgment.

The jarveys claim there was no lawful authority for imposition of the condition of attaching dung-catchers or to refuse them permits to access the park on grounds they would not agree to the dung-catchers.

via The Irish Times

Jarveys locked out of Killarney National Park

14 Oct

Up to 40 jarveys have once again been locked out of Killarney National Park. The National Parks and Wildlife Service said it had no choice after the jarveys continued to refuse to attach dung-catching devices to their jaunting cars in the park.

The NPWS said it was compelled to take this action as a very last resort. In a statement issued this morning, the NPWS says the park remains open to everybody

In July, jarveys were stopped from entering the park because none of them were using the obligatory dung-catching device. Protests followed and the jarveys made an application for a judicial review which is still before the High Court.

In the meantime, the NPWS let them back into the park in the hopes that a resolution would be found with the help of an independent facilitator. However, the facilitator has now indicated that no progress has been made because the jarveys would not engage with him.

Jarveys banned from Killarney National Park

14 Jul

Jarveys, who operate jaunting cars Co Kerry, have been banned from Killarney National Park following their refusal to use so-called dung-catching devices on their horses. The National Parks and Wildlife Service says the soiling of pathways in the park by the jarveys’ horses is unacceptable.

They have offered to pay for the dung-catching devices, but the jarveys’ claim they are unsafe and dangerous.

45 jarveys have licences from the NPWS to operate 66 horse-drawn jaunting cars in Killarney National Park. They offer tours of Muckross, Torc and Ross Island on 15km of internal roads and paths to almost 1m people who visit the park every year. But the soiling of those roads and pathways by the jarveys’ horses has consistently been a contentious issue and the NPWS has said it is no longer acceptable.

After 18 months of consultations and negotiations, the NPWS closed the jaunting car entrances to the park at 6am this morning. The parks service says the decision was taken as none of the jaunting cars hold a valid permit which requires the use of dung catchers to operate within the park.

They say jarveys will be banned until they sign up to using the dung-catching devices.

Killarney National Park remains open to the public.

via RTÉ News.