Mr. John Neenan:

A number of questions have been raised. Deputy Flaherty asked whether the legislation that GMI submitted to the Government was fact-checked. The working group submitted it to each of the Departments, namely, the Departments of the Environment, Climate and Communications and Housing, Local Government and Heritage, in order that their legal representatives could check it. That was probably at the end of April or early May and there has been no response to that.

Deputy Carthy and the Chairman asked about a timeframe for primary or secondary legislation. Emergency legislation can be prepared in a very short period by way of secondary legislation., although ideally, the longer-term solution should be by way of primary legislation. Our legal advisers have submitted heads of those two Bills to both Departments, and we have no difficulty submitting them to the committee after this meeting as well, if members wish.

To respond to Deputy Leddin, the situation has been ongoing since 2012 or 2013. It came to a head in February 2018, when operators first learned of a difficulty with the long-standing exemption from planning. GMI and many others believe it was an unintended consequence of an Act of 2011. In December 2018, operators learned that this difficulty would not be resolved by an appeal to the Court of Appeal. In January 2019, they learned the State had resolved the difficulty by removing peat harvesting from planning control and transferring the responsibility to the Environmental Protection Agency. In October 2019, the court ruled that the legislation was not correct and that there were issues with it and in July 2020, operators learned they could not lawfully resolve the issue within the substitute consent process, which was another problem. In December 2020, operators learned the State had passed a law to remedy the public participation defect in the process. One of our members has had an application in with An Bord Pleanála for more than 14 months, seeking leave to apply for substitute consent, and that has not been dealt with. Another member got leave to apply but that is likely to be challenged in the courts.

I listen to these issues as a member of the working group. The company I work for, Klasmann-Deilmann, was offered grant aid by the State to develop the bogs in Rathowen, County Westmeath. Part of the grant aid was given on the basis that the company could not sell its product in Ireland or the UK but rather in Europe. Questions are now being asked as to why the State fulfilled that. It was the same with Bord na Móna. People do not know the history of these issues. The board was set up to develop the boglands and create much-needed employment in those rural areas, and to supply energy peat as well. Things move on, and we seem to forget all those aspects and they need to be pointed out. There was nothing wrong with companies exporting peat. As I said, they were encouraged by the State to do so. Klasmann-Deilmann was funded to improve our facilities and our training for all our employees, which we availed of. Now, some companies have commitments to supplying peat, having entered into contracts with some of the multiples. They have to continue with that but it will finish soon.

Deputy Fitzmaurice knows more about the sub-30 ha provision than I do. My understanding is that the point about the sub-30 ha provision was raised in the context of moving some turf cutters from one bog to another and they were brought to areas of under 30 ha. The sub-30 ha provision, as Mr. Dunne said, will be a very short-term solution. Imagine the dairy farmers of Ireland were told they could operate with their dairy herd only on 30 ha or less. Would Avonmore, Kerry Group, Lakeland or whatever remain in Ireland doing that? It is crazy when we consider that just over one tenth of 1% of boglands in Ireland are for horticulture.

I am not a legal expert but we are happy enough with the legislation. I would respectfully suggest that it is not Growing Media Ireland that should be providing to the State the solution for a problem. However, we have offered a solution, as well as outlining it.