Tom Sheahan (Kerry South, Fine Gael)

I raise this issue because it was brought to my attention by landowners in the Kenmare area that the Minister for the Environment, Heritage and Local Government, Deputy Gormley, who I am disappointed is not here, sought approval from the EU to designate 5,000 acres along the Kenmare river as a special area of conservation, SAC. This is an extension of the area, to the tune of 5,000 acres, designated in 2003. What the Minister has done is illegal and I find it shocking that a Minister is doing something illegal. No notice of this was given to landowners, no maps were made available to anybody and no discussions took place with farmers, landowners or interested parties. In particular what is illegal about it is that, because the proposal was sent to Europe for approval, the right of appeal of the landowners has been taken from them. When the 2003 designations were made, maps were printed and landowners were informed of the proposed designations. They had a right of appeal and they did appeal. In 2008, however, nobody has been informed and the landowners and farmers have been kept in the dark.

I must ask why it is proposed to designate as a SAC 5,000 acres along the banks of Kenmare river. It was seen fit in 2003 to designate so much ground along the river and now, five years later, without any consultation with landowners, this further designation is taking place. Unfortunately, the Minister is not here, but I ask him to withdraw or defer this proposed designation that has gone to Europe and to make the maps available. When this issue was raised in Kerry, the farming bodies asked to be provided with the relevant maps, but these have not been forthcoming. If the maps could be made available, farmers would at least know who is to be affected and to what extent. I also ask the Minister to afford to farmers the right to appeal this proposal. Who does the Minister think he is to designate the land of landowners and farmers as an SAC without any consultation whatsoever and send the proposal directly to Europe? Why was this done in such an underhand manner? I would like a clear answer to these questions.

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