Dáil Éireann debate -
Tuesday, 11 May 1999

Vol. 504 No. 4

Adjournment Debate. - Turbary Rights.

Mr. Connaughton

There is total confusion on the implementation of the new rules governing turf cutting on SAC bogs and there is wholesale opposition from bog owners to the Department directive which provides that each bog owner must seek a permit to cut his or her domestic supply of turf. Many bog owners see this as a gross violation of their property rights and feel that their constitutional entitlements are being trampled upon.

A number of technical questions were asked by the SAC Alliance, which is a group that co-ordinates the activities of all the bogs of Ireland. That group feels it is getting very poor information, if any, from the Department of Agriculture and Food, which is leading to all sorts of misunderstandings. I accept that there have been major changes in the sense that bog owners will be allowed to cut for ten more years on their own property in certain conditions. However, many of their questions have not been answered by the Department, such as the matter of compensation to be paid to bog owners who traditionally sold turf to supplement their income. I know a number of people whose income would come primarily from the sale of turf just as others depend on crops of barley or wheat. With the restrictions placed on SAC areas only their domestic supplies of turf can be cut.

I have asked Department officials to let me know the exact details of compensation. Would audited accounts of the amounts lost be necessary? How many years could these people expect to be compensated for? It is not enough to compensate them for this year and next, as many of them would have continued to cut turf all their lives. This matter has not been answered to anyone's satisfaction.

In the case of farmers owning bog plots within a SAC area and who are also in the REP scheme, are they allowed to cut turf even with a permit? If, according to the regulations, they inadvertently cut turf and were then barred from receipt of their REPS payments, it would be a huge penalty for a small matter.

The permit issue is another problem. The gobbledygook of the Department refers to permits but the wildlife rangers give the impression – and I have no reason not to believe them – that all bog owners need do is write a note to them to the effect that they are cutting their own supply of turf. They feel that will suffice but I get a different story when I ring the Department. The Minister should clarify this matter as it is creating huge problems. It is quite foreign to owners of bog plots to have to seek a permit.

I understand that public notices were placed in the newspapers outlining various schemes and the SAC Alliance claims it requested the Minister to withdraw those notices to give time for further consultation. What is the Department's reaction to that?

Dr. Moffatt

Under Statutory Instrument no. 94 of 1997, made under the European Communities Act, 1972, and in accordance with the obligations inherent in the Council Directive 92/43/EEC of 21 May 1992, the Habitats Directive, the Minister for Arts, Heritage, Gaeltacht and the Islands has an obligation to protect, among others, habitats of raised bog, cutaway bog and bog woodland which have been proposed as special areas of conservation.

Raised bogs, in particular, are very rare in a European context. Ireland has the best examples of active, i.e. still growing, raised bogs in all of Europe. We are therefore under great pressure to preserve these habitats, which are regarded as priority sites. To preserve these bogs it is necessary to cease turf cutting, as cutting, along with the associated drainage works, will eventually dry out the entire bog. The Ministers are conscious of the social and economic impact immediate cessation would have on small communities and have decided to make exceptional arrangements in the case of cutters for domestic use. These cutters will accordingly be given a period of up to ten years to make new arrangements.

In order to compensate cutters for the losses resulting from this activity, a series of consultations with the farming organisations and the bog alliance group was instigated by the Minister for Arts, Heritage, Gaeltacht and the Islands, and the Minister of State at her Department. In spite of protracted negotiations and great effort from all sides, a consensus was not reached on the amounts of compensation which should be paid. The Ministers therefore decided to make an offer based on current prices for similar land. Details of the compensation scheme were released to the press by the Minister and Minister of State. The main elements of the scheme relating to raised bogs are: £1,300 per acre for outright purchase of the bog; £ 1,100 per acre for purchase of turbary rights; a bonus of £1,000 to be paid to those who have been cutting regularly for the last five years who cease cutting in a raised bog SAC permanently, before the start of the 1999 cutting season; and an offer of another plot in the area, if available, as well as a once-off payment of £500.

Great interest has been shown in the scheme with many offers of sale coming in to Dúchas. This has been helped by the formation in most areas of local liaison committees. These committees are being set up for all special areas of conservation but it was decided to proceed with the raised bog areas first. The main purpose of these committees is to have a direct line of contact between Dúchas, the heritage service of the Department, and the local landowners. Dúchas has also prepared a system whereby payments can be released without delay. They are also prepared to pay the £1,000 bonus immediately to those who opt to cease cutting from this season.

Both local and head office Dúchas staff are available to clarify any details where necessary. Overall from the cutters there appears to be an acceptance of the need to conserve these priority habitats and agreement to co-operate with the Department. A date of 31 May is the final date to avail of the bonus of £1,000 and most people are anxious to meet that date.

Commercial cutting must stop immediately unless formal agreement has been received from the Minister. Compensation will be paid to commercial operators for actual loss of income from areas of bog owned by them. The use of "sausage" machines is banned on SAC bogs because of the damage done by them. Other forms of machine cutting may be allowed.

While the Minister's preferred option, from a conservation point of view, would be to cease cutting immediately she is well aware of the hardship this might cause. She was, therefore, pleased to announce the option of continuing cutting for a further ten years.

I trust this explains the current position regarding turf cutting in special areas of conservation. I may not have addressed all the questions posed by the Deputy but they will be brought to the Minister's attention.