Ownership and upkeep of Carlow’s historic graveyards under spotlight

Ownership and upkeep of Carlow’s historic graveyards under spotlight

Stock image of old graveyard. Image: iStock

AN update on the status of Carlow’s historic graveyards was given at the most recent meeting of Tullow Municipal District.

Director of services Michael Brennan told elected representatives that there are between 90 and 100 historic graveyard sites across the county, the majority of which are recorded monuments and, therefore, protected under the National Monuments Act, 1930.

The council currently manages 18 active burial grounds, which provide burial services throughout the county.

“The position regarding historic graveyards is considerably more complex than that of active burial grounds. Ownership and responsibility for maintenance vary from site to site and may rest with private landowners, private bodies, trustees, local committees or community groups,” Mr Brennan explained.

In some instances, Mr Brennan said ownership and maintenance were unclear and could require detailed historical and legal examination.

He said previous investigations into such sites, such as Haroldstown graveyard, had demonstrated that not all historic graveyards are vested in local authorities and that responsibility for maintenance cannot be assumed to rest with the council.

As many of the historic graveyards in the county are protected as national monuments, Mr Brennan said maintenance works such as vegetation clearance and wall repairs, which may appear straightforward, can be quite complicated because they require liaison with the National Monuments Service.

“Carlow Co Council remains committed to supporting the preservation and appropriate management of historic graveyards and is more than willing to work with local communities, burial ground committees and heritage groups who wish to care for these sites,” Mr Brennan added.

Community groups and committees who wish to engage in such conservation work have been advised that they can liaise with the council to receive funding from the Community Monuments Fund, a government initiative that provides grants to conserve and maintain historic sites.

This follows a complaint to the ombudsman by a person who has family members buried in Haroldstown graveyard about Carlow Co Council not taking responsibility for the maintenance and upkeep of the site.

In July, Peter Curran received a response from the ombudsman outlining that it would not uphold his complaint, as it had determined the council was not responsible for the upkeep of the site, citing a number of reasons, including the establishment of the Irish Church Act 1869, which disestablished the Church of Ireland and removed its status as the state church. This altered the ownership and management of the church’s graveyards across the country.

In response to Mr Brennan’s statement, independent cllr Will Paton queried whether it was clear who owns the land at Haroldstown graveyard and whether it was a national or recorded monument.

“My understanding is that it is not in the ownership of Carlow Co Council,” Mr Brennan explained, adding that he needed confirmation about its status as a national or recorded monument.

Fianna Fáil cllr John Pender said that no matter how well-intentioned people’s plans are for the maintenance of these sites, there is a risk of them being against the “spirit of the law”. However, he said the recent establishment of a committee for Haroldstown graveyard was a positive step and should, hopefully, bring clarity to the situation.

Sinn Féin’s Jim Deane agreed that it was important to establish the ownership of the graveyards, as, in his experience, when they close for burials, they can begin to fall into decline.

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