Dáil Éireann díospóireacht -
Tuesday, 11 Dec 2001

Vol. 546 No. 3

Written Answers. - Special Areas of Conservation.

Paul Connaughton

Ceist:

319 Mr. Connaughton asked the Minister for Arts, Heritage Gaeltacht and the Islands the method she used to notify the bog owners in Monakeeba East Bog, Ballyshrule, Ballinasloe, County Galway, that their legally held bog plots were to be designated as special areas of conservation; if she notified each bog owner individually; if she attached a name and address to each plot as numbered on the site maps; and if, on 23 August 2001, she knew all the names and addresses of those bog owners who carried out routine maintenance work on their plots at this location during August 2001. [31874/01]

Paul Connaughton

Ceist:

320 Mr. Connaughton asked the Minister for Arts, Heritage Gaeltacht and the Islands the reason in August 2001 she indicated she would seek a High Court injunction against a person (details supplied) in County Galway; the reason she did not seek a High Court injunction against the legal owners who were carrying out the routine maintenance work on this site; when she proposes to lift the threat of her intention to seek a High Court injunction against the person; when she proposes to make a payment of compensation to the person for earnings lost as a result of the intervention by Dúchas and her officials; the reason it was necessary for Dúchas to use the services of An Garda Síochána to accompany its officials to visit the person to obtain the names and address of those who had contracted him to do work for them on Monakeeba East Bog; and if she will make a statement on the matter. [31875/01]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

I propose to take Questions Nos. 319 and 320 together.

The townland of Monakeeeba East lies wholly within candidate special area of conservation, Barroughter Bog – Site Code 231 – in County Galway. Section 4 of the European Communities (Natural Habitats) Regulations, 1997 (S.I. 94 of 1997), specifies the procedures in respect of the manner of notification of candidate special areas of conservation. Considerable efforts were made to locate the address of and notify in writing every occupier/owner of land in the proposed site. A total of 135 landowners were notified in writing of the proposals to designate Barroughter Bog. Such notification included details of compensation arrangements, appeals mechanisms and a description and a detailed map of the site.

In addition, advertisements appeared in the local press – Connaught Tribune 13 March 1997, Galway Advertiser 13 March 1997 and Connaught Sentinel 11 March 1997 – detailing the townlands affected by the proposed designation of Barroughter Bog. This advertisement provided contact names and telephone numbers of conservation rangers who might be contacted for further clarification. In addition, maps of the pSACs were displayed in one or more local Garda stations, local authority offices and local offices of the Department of Social, Community and Family Affairs, the Department of Agriculture, Food and Rural Development and Teagasc.

On 23 August 2001, all the names and addresses of the bog owners who carried out maintenance work on their plots at that time were unknown to my Department. The person referred to by the Deputy was involved in works within Barroughter Bog cSAC that were considered damaging to the environmental objectives of the cSAC. He was asked to cease these operations by local staff of Dúchas, the heritage service of my Department, and a letter issued from Dúchas head office advising him of the unauthorised nature of these works. The letter also warned him that if he continued with these works a High Court injunction would be sought against him to prevent further damage being done to the cSAC. At the time the letter was issued to the person, the individual owners of the plots involved were not known to my officials. Contact was subsequently made with representatives of the local bog committee and, following a meeting with Dúchas officials, agreement was reached on what works would be acceptable.

My officials contacted An Garda Síochána to assist it in carrying out its duties, as the person was not co-operating with its requests to cease operations. A garda was asked to arrange a suitable time and place for the person to meet with my officials, but the person chose not to attend. The person had indicated to one of my officials that he would provide a list of the bog owners. However, he subsequently stated that he was precluded from doing so by the Data Protection Act, 1988. No further attempts were made by my officials to obtain this information from the person.

I am not aware of an entitlement to compensation as a result of intervention by Dúchas officials in this matter. However, if the person mentioned feels that he has a case for compensation, he should submit a written application outlining the basis of his claim and the nature and amount of compensation sought. On receipt of this information his application will be fully considered.