Dáil Éireann Debate, Thursday - 6 March 2014
29. Deputy Luke 'Ming' Flanagan asked the Minister for Arts, Heritage and the Gaeltacht the number of turf cutters who applied for the turf compensation scheme that were refused; and if he will make a statement on the matter. [10744/14]
View answer34. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the steps he is taking to introduce an appeals process to the turf cutting compensation scheme; and if he will make a statement on the matter. [10559/14]
View answerI propose to take Questions Nos. 29 and 34 together.
The qualifying criteria for the cessation of turf cutting compensation scheme, administered by my Department, are that:
- The claimant must have a legal interest in one of the 53 raised bog special areas of conservation – ownership or turbary right;
- The claimant must have been the owner or entitled to exercise turbary rights on the land in question on 25 May 2010;
- The turbary on the site must not be exhausted;
- The claimant must have been cutting turf on the land in question during the relevant five year period; and
- No turf cutting or associated activity is ongoing on the property.
In the event that an applicant is informed that an official of my Department has decided that he/she does not fulfil the qualifying criteria of the scheme, the applicant may request an internal review of this decision. An internal review involves a reconsideration of the matter by a more senior member of staff of my Department.
In the event that the decision that the applicant is not eligible for compensation under the cessation of turf cutting compensation scheme is upheld at the internal review stage, the applicant may appeal against the decision to the Peatlands Council.
The Peatlands Council may make recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, in relation to decisions of my Department that applicants are not eligible for compensation under the scheme.
A total of 2,883 applications under the cessation of turf cutting compensation scheme have been received and acknowledged by my Department A total of 4,124 payments and 442 turf deliveries have been made to applicants at a total cost in the region of €7.4 million.
Establishing ownership rights is particularly complex and my Department is working with owners of land and turbary right holders to assist them in this regard while at the same time working to ensure that only those who are entitled to compensation receive it.
I am advised that, at this stage, 17 applicants have been informed by my Department that they do not fulfil the qualifying criteria of the cessation of turf cutting compensation scheme.
In attempting to assist applicants my Department has put in place a process of accepting affidavits where it is difficult to prove ownership or turbary rights. Other issues are being worked through.
While it may be anticipated that there will be further instances where applicants will be informed that they do not fulfil the qualifying criteria of the scheme, current priority is being given to providing payments to those who clearly appear to fulfil the qualifying criteria on the basis of the information they have provided.
In addition, a number of applicants are not being provided with compensation under the scheme as the areas on which they have been cutting turf are not within one of the 53 raised bog special areas of conservation.
