The Dáil motion of 7 March 2012, which the Government supported, called on the Government to “- engage actively with the European Commission to seek a resolution within the terms of the Habitats Directive, and to prepare and submit a National Raised Bog Restoration Plan to the Commission as a matter of urgency”.
As a result of this, in April 2012, I secured the agreement of the European Commissioner for the Environment for the development of a national raised bog SAC management plan, in keeping with the recommendations of Mr. Justice Quirke. The approach of the national plan may unlock some flexibility, within the terms of the Habitats Directive, in regard to the most difficult of sites, where relocation options are limited.
My Department has now engaged a team of specialists who are undertaking the necessary scientific work to underpin the national plan and to inform the future restoration and management of each of the SACs. This work is being overseen by an independent steering group with input from the Peatlands Council.
In collaboration with the Peatlands Council and with the assistance of Bord na Móna, my Department is also working with local communities to arrange for relocation of those who wish to continue turf-cutting to nearby bogs. The provision of financial payments or deliveries of turf is available to those awaiting relocation.
I hope the plan can be completed by November, in time to submit an application to the European Commission under Article 6(4) of the habitats directive, if required, prior to the 2014 cutting season.
I assume that when the Deputy refers to a “phased transition plan” he is referring to the Turbary Rights Transfer Programme for Irish Raised Bog Special Areas of Conservation submitted by the Turf Cutters and Contractors Association (TCCA) some weeks after the passing of the Private Member’s Motion. This document is clearly thought out and I believe it represents an honest and genuine attempt to find an acceptable resolution to this difficult issue. In fact, many of the suggestions made in this document, and in previous documents submitted by the TCCA and by other groups were subsequently incorporated into my own document, the National Raised Bog SAC Management Plan – Proposed Approach, which was published in September last.
However, there is one crucial element contained in the TCCA proposal that is clearly not within the terms of the Habitats Directive. The proposed continuation of turf-cutting on many of the SACs for several years while a national plan is put in place is clearly at variance with EU law, and in particular Article 6 of the Habitats Directive. The European Commission and the Government have concluded that we simply do not have the legal discretion to follow that path. In face of our current infringement proceedings, to do so would be to invite certain litigation against the State, including potential injunctive action and substantial fines.
At no point did my officials or officials of the European Commission give the TCCA any reason to believe that a “phased transition plan” could be acceptable. The clear majority of domestic turf-cutters on the raised bog SACs are now engaging with my Department in findings acceptable solutions within the law. The door is still open for the Turf Cutters and Contractors Association to engage in this process with me and with other stakeholders to address the needs of turf-cutters and other interested parties.
