Batt O'Keeffe (Cork North West, Fianna Fail)

I thank the Deputy for raising this matter. The Minister for the Environment, Heritage and Local Government, Deputy John Gormley, is unavailable and conveys apologies for his absence as he has another engagement. I welcome the opportunity to address the issue of the use of off-road vehicles in upland areas. This is an issue of concern because of the damage that such vehicles can cause to sensitive upland habitats, including such places as the Wicklow Mountains National Park and, in particular, to designated habitats.

New powers were taken to address this issue in the European Communities (Natural Habitats) (Amendment) Regulations 2005. These regulations make it an offence to bring onto, or place in, a designated area, any object, or carry out any activity, likely to damage such a site and includes powers of arrest and seizure in the event of non-co-operation by the offender.

The use of such vehicles is a "notifiable action" in upland heath and bog habitats designated as special areas of conservation under the habitats regulation. This means the specific consent of the Minister for the Environment, Heritage and Local Government is required.

The use of off-road vehicles sometimes involves driving in some of the most remote and rugged parts of the mountains, through fragile upland peatlands. This can cause soil erosion and damage to blanket bog and heath. Disturbance to wildlife may also occur. For example, I understand many quad bike riders seek to scale Lugnaquilla, the highest mountain in County Wicklow and barriers erected to prevent entry at certain locations have been damaged and knocked down.

While the Department of the Environment, Heritage and Local Government's National Parks and Wildlife Service organises enforcement patrols, the sheer extent of these upland areas, numerous access points, lack of identification marks on off-road vehicles and their high mobility, make it very difficult to apprehend the offenders. Even if putative offenders are apprehended in such places as forestry car parks, it is generally not possible to establish that a particular person or vehicle was involved in the committing of an offence.

The Department is drafting amendments to the habitats regulations, which are planned to be put in place later this year. It is envisaged these regulations will contain measures to make the control of such vehicles and activities more effective. In this context, consideration is also being given to the introduction of registration and licensing requirements for recreational off-road vehicles.

In the meantime, anyone with information on where and when such activity is occurring should contact the relevant regional office of the National Parks and Wildlife Service.

See this speech in context