Dáil Éireann Debate, Tuesday - 28 May 2013
436. Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he has addressed the concerns of turfcutters in respect of special areas of conservation; if an alternative bog is an available option; when he expects a final and satisfactory conclusion to the issue; and if he will make a statement on the matter. [25778/13]
View answer441. Deputy Caoimhghín Ó Caoláin asked the Minister for Arts, Heritage and the Gaeltacht if he will provide an update in the situation regarding the redesignation of the approximately eight difficult bogs; if consideration has been given to the phased transition model as proposed by the TCCA; if he will provide an update on same; and if he will make a statement on the matter. [25934/13]
View answerI propose to take Questions Nos. 436 and 441 together.
Following the Dáil motion of 7 March 2012, which 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” 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 to nearby bogs of those who wish to continue turf-cutting. Arrangements have been made for the relocation of turf-cutters from Clara Bog in County Offaly, who have now commenced turf-cutting on their relocation bog, and from Carrownagappul Bog and Curraghlehanagh Bog in County Galway who will be cutting in their bog next year.
In the remaining 49 raised bog special areas of conservation, the Department has identified potential relocation sites for a further 32 bogs and work is ongoing on identifying and investigating sites. Relocation is unlikely to be required, or is likely to be small-scale, for another 16 raised bog special areas of conservation. The provision of financial payments or deliveries of turf is available to those awaiting relocation and to those awaiting the finalisation of the National Plan.
Relocation is a complex process requiring the investigation of suitable sites for turf quality and quantity, assessment of infrastructure/drainage works required, establishment of the number of turf-cutters who can be accommodated on the site, assessment of the cost and feasibility of land purchase or lease, and in certain cases securing required planning and environmental consents. Accordingly, it will take a number of years to bring this process to a conclusion in respect of all the relocation sites.
If it becomes apparent, following detailed analysis, that no relocation possibilities exist for a particular SAC, then a case can be made to the EU Commission for a more flexible approach, as provided for in the Habitats Directive. I hope that the National Raised Bog SAC Management 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.
The Turbary Rights Transfer Programme for Irish Raised Bog Special Areas of Conservation was submitted by the Turf Cutters and Contractors Association (TCCA) to me and to the European Commission in March 2012, some weeks after the passing of the Private Member’s Motion. This document 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.
The clear majority of domestic turf-cutters on the raised bog SACs are now engaging with my Department in finding acceptable solutions within the law. The door is still open for the Turf Cutters and Contractors Association to engage in this process with me, my Department and with other stakeholders to address the needs of turf-cutters and other interested parties. Such engagement would, I am sure, help to address the needs of turf-cutters more speedily.
