Dáil Éireann Debate, Tuesday - 2 October 2012
331. Deputy Luke 'Ming' Flanagan asked the Minister for Arts; Heritage and the Gaeltacht in view of the publication of the National Raised Bog SAC Management Plan, Proposed Approach if he will make available the EU's reasoned opinion and his reply to same; and if he will make a statement on the matter. [41874/12]
View answerFollowing discussion with the Peatlands Council and with the European Commission, my Department has recently published the proposed approach to the National Raised Bog Management Plan, as recommended by Justice Quirke following the Peatlands Forum and as requested in a unanimously passed Motion of Dáil Éireann in March. The document, which is available on my Department’s website at www.npws.ie , outlines how Ireland will meet its obligations under the Habitats Directive to protect and restore its raised bog SACs, while addressing the needs of turf-cutters who are reliant on these sites for their fuel. It represents, in my opinion, the only lawful approach to maximize the flexibility afforded by the Habitats Directive for those few bogs where there are genuinely no alternatives for relocation to undesignated bogs. I would encourage all turf-cutting groups to engage with me and other affected parties in progressing the preparation of the plan, as outlined in the proposed approach, as quickly as possible.
In terms of making publicly available the Commission's reasoned opinion or the State's response to it in regard to turf extraction, the Deputy will be aware that it is not the practice of the State or of the European Commission to release documents of this nature relating to ongoing infringement action. The Court of Justice of the European Union has considered this issue on a number of occasions and has recognised that such disclosure would undermine the purpose of infringement investigations and procedures, and would breach the confidentiality which the Commission and Member States are entitled to in the context of such investigations and procedures.
