Dáil Éireann díospóireacht -
Thursday, 14 Dec 2000

Vol. 528 No. 3

Ceisteanna–Questions. Priority Questions. - Special Areas of Conservation.

Ulick Burke

Ceist:

5 Mr. U. Burke asked the Minister for Arts, Heritage Gaeltacht and the Islands when Dúchas acquired land from Bord na Móna; the area involved in this acquisition; the location of these lands; if she will outline the original agreement between the original land owners and Bord na Móna; if her attention has been drawn to the fact that Bord na Móna had agreed to return these boglands to the original owners if it was not going to develop or utilise these bogs; and the amount Dúchas paid to Bord na Móna in each case. [30051/00]

Miss de Valera

A programme of acquisition of bogland for conservation purposes from Bord na Móna commenced prior to the transfer of certain responsibilities to my Department from Office of Public Works. Since 1996 my Department has continued this programme.

At the outset these lands had been acquired by Bord na Móna for development. The lands were subsequently proposed for designation as special areas of conservation pursuant to the requirements of the EU Habitats Directive, or as natural heritage areas. I will circulate in the Official Report a schedule of the relevant acquisitions since 1996 giving details as required by the Deputy. I am aware of the contention by some of the original land owners that there was an agreement between them and Bord na Móna that the land would be returned to them in the event that it was not developed by Bord na Móna. This is a matter between Bord na Móna and the landowners.

Mr. U. Burke

The Minister's reply is unsatisfactory. How did it come about that lands originally intended to go back to the land owners were designated as being special areas of conservation? The agreement to return the land to the land owners can be verified by personnel in Bord na Móna who are prepared to verify that a verbal agreement was made that the land would be returned in the event that Bord na Móna did not want to develop it. Did money change hands with regard to the transfer of this land from Bord na Móna to Dúchas and if so, what was the source of funding for that transfer? How can Dúchas or the Department have any credibility, if the Department moved in without the land owners or the bog owners in this instance, having the first choice to regain the land as in the undertaking given initially, that if development was not to take place it would be returned to them? Perhaps the Minister could give me all correspondence in relation to an agreement or any correspondence between Bord na Móna and Dúchas on the whole question of acquisition of boglands. There are two major areas and many other smaller ones besides. However, on Mount Bellew in my constituency and in Clara, extensive areas have been acquired in this fashion. We do not know how. In the interests of transparency, it is incumbent on the Minister to come up with answers because there are suspicions and the bog owners are deeply concerned and have been for many years. They are being brushed aside with vague answers. Deputy O'Rourke is on record as stating that the bogs were handed over. Were they handed over by Bord na Móna thus breaking the agreements initially entered into or did money change hands?

Miss de Valera

I will circulate in the Official Report a schedule of the relevant acquisitions since 1996 giving the details required by the Deputy. The contention of some of the original landowners that there was an agreement between them and Bord na Móna is a matter for them and Bord na Móna. I understand Bord na Móna has taken legal advice and is satisfied it is entitled to dispose of the lands. I am advised that the Chief State Solicitor is satisfied that good title has been acquired by the State.

Mr. U. Burke

Did Dúchas pay for the land? What was the source of the funding? I would appreciate it if the Minister would give me copies of any correspondence regarding agreements and minutes of meetings between Dúchas and Bord na Móna relative to the transfer or disposal of lands, as the Minister stated.

Miss de Valera

As I said, this matter is between Bord na Móna and the landowners. If there is a difficulty that is where it needs to be clarified. I will try to get further information in order to clarify the matter for the Deputy.