Brian Leddin (Limerick City, Green Party) | Oireachtas source

I thank the Chairman and welcome our guests. At the outset, I will repeat the point I have made a number of times that I believe it is remiss that we do not allow our guests to read their statements into the record. We are unique among committees. All committees are operating under the same Covid regime with the two-hour limit but guests generally are allowed to read their statements into the record. We are skewing the discussion by not allowing that.

With respect to his characterisation of the statement from the Department of Environment, Climate and Communications, Deputy Carthy said its view is that "there is no problem at all". That is absolutely not true in respect of Mr. Nugent's written statement. I have significant sympathy for Deputy Carthy and his constituents in County Monaghan. It is a serious issue and a crisis that requires all hands on deck. To be fair to our guests, we should accurately represent what they have sent into us.

What I am reading in Mr. Nugent's statement is that the Department is "acutely conscious of the supply difficulties being experienced by the horticulture sector." It goes on to state that its remit "relates to one aspect of the existing regulatory regime that applies to peat extraction on sites of over 50 hectares." It talks about:

A history of widespread non-compliance with this dual consent process, with many operators in the peat extraction sector lacking planning permission and / or an IPC licence while others have failed to engage or been slow to engage with these regulatory processes at all.

It goes on to state that:

Industrial scale peat extraction absent planning permission constitutes unauthorised development, [and] the onus has been on operators to first regularise their past activities and then secure the necessary consents before any recommencement can take place.

It states further that:

Not all of the relevant peat extractors have engaged, as required, with the planning system as they are required to do initially before seeking an IPC licence if successful in obtaining the necessary planning permissions.

The next point in Mr. Nugent's statement is perhaps the most important and I would like him to elaborate on that, if he could. He said that:

It is not open to the State to simply remove the requirement that operators must regularise their past unauthorised development, as this requirement is derived from EU law.

That is perhaps the bind that we are in. If I am to take Mr. Nugent's words at face value, the situation appears to be that there has not been a proper engagement between the sector and the regulatory system and that is the principle reason why we have the advice that we have. Our guests so far have suggested that there are interim solutions, particularly with regard to the sub-30 ha possibilities. Perhaps, however, Mr. Nugent might elaborate further on the bind the State is in with respect to its obligations under EU law.