Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)

I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"recognises:

— the innate value of Ireland's unique natural habitat and the necessity to protect it from harm;

— the need for a balance to be struck between habitat conservation and the freedom of the people of Ireland to benefit from their local natural resources;

— the full impact of the habitats directive, not just on the holders of turbary rights but also on the communities which surround designated areas;

— the significant concerns of turf cutting communities, farmers in particular, in relation to potential threats of flooding or bogland growth;

— the need to treat fairly the citizens of Ireland who have been affected by the habitats directive, including the need to address concerns in relation to proper planning and consultation, the impact on income and the value of properties, the security of fuel supply and the protection of cultural heritage; and

— the need for the trust and goodwill of ordinary land owners and turf cutters to be restored and strengthened through consultation and effective communication from the Government regarding measures to protect and restore raised bog special areas of conservation, SACs;

acknowledges the proposals from the Turf Cutters and Contractors Association, TCCA, entitled, The TCCA Proposals on 57 Raised Bog Complexes to EU Commission and Irish Government, dealing with the various issues surrounding SACs and natural habitats areas, and which, inter alia, propose that:

— in a small minority of bogs, domestic turf cutting and conservation should co-exist with the consolidation of turf cutting into smaller areas, in conjunction with all possible mitigation measures;

— in the vast majority of bogs, turbary rights should be relocated to a nearby bog of similar quality and infrastructural access;

— compensatory habitat exchange should be completed in one instance; and

— additional raised bogs should be designated areas of high conservation value by way of "compensatory habitat" to compensate for areas of co-existence and habitat exchange;

further recognises the potential of the proposals, particularly in light of the fact of this being the most comprehensive consultation process to engage with affected communities and land owners in line with the approach set out in the European Commission document LIFE-NATURE: Communicating with Stakeholders and the General Public in relation to Natura 2000 sites, which states:

The principle of collaboration is enshrined in the Habitats Directive, requiring that conservation measures take account of the economic, social and cultural requirements as well as the regional and local characteristics of the area. The manner in which Natura 2000 will be implemented is very important - the involvement of the owner of private land is crucial. LIFE shows that contracts are preferable to constraints;

recognises the steps taken by the Government to address longstanding issues, including establishing the Peatlands Council under an independent chairman, and the putting in place of compensation and relocation schemes to help address the needs of turf cutters;

commends the contribution of the Peatlands Council, the TCCA, the Irish Farmers Association, IFA, Bord na Móna, environmental non-government organisations and all other relevant parties, for their work on developing solutions to address the needs of turf cutters affected by the requirements of the habitats directive;

further acknowledges and accepts the report of Mr. Justice Quirke on the proceedings of the Peatlands Forum, held in Athlone between 28 February and 2 March;

notes Mr. Justice Quirke's recommendation regarding the need for a national plan for Ireland's SAC raised bogs;

further notes Mr. Justice Quirke's concerns in relation to consultation, communication and trust between the State and those affected by turf cutting restrictions;

welcomes the commitment of Government to act on the recommendations of Mr. Justice Quirke and, in particular, to:

— work with all parties to develop a shared understanding and future for the SAC raised bogs, including with Bord na Móna, the IFA, the TCCA, environmental nongovernment agencies and, in particular, the individuals and communities who are affected by the requirements of the habitats directive and its implementation in the State;

— work in particular with local interests to find local solutions, based on the report of the Peatlands Forum; and

— prepare a national raised bog SAC management plan, as recommended by Mr. Justice Quirke, and engage, on the basis of such a plan, with the European Commission as a matter of urgency to seek an overall resolution within the terms of the habitats directive;

and further welcomes the decision of Government to enhance the compensation package for affected turf cutters, including a new commitment to introduce greater flexibility in relation to the supply of free turf."

I join Deputy Flanagan in acknowledging the late Paddy Concannon. When I was involved in a Seanad campaign 29 years ago, Paddy Concannon gave me a very good reception when I called to his house in County Roscommon, for which I will always remember him.

I thank Deputy Flanagan for raising this important issue in the House and hope he accepts the Government's bona fides in proposing the amendment. The main difference in substance between his motion and our amendment to it is that we are taking on board the recommendations made in the report of Mr. Justice Quirke which was considered by the Government this morning and published on the website of the Department of Arts, Heritage and the Gaeltacht this afternoon. The motion and amendment otherwise share many of the same sentiments.

Mr. Justice Quirke agreed to chair the peatlands forum, which was held over four days in Athlone last week. All communities affected by the cessation of turf cutting on the 53 SAC raised bogs were given an opportunity at this forum to make a submission to Mr. Justice Quirke, and then to discuss the particular circumstances of their bog with a technical committee. This comprised of staff from my Department and Bord na Móna, with the assistance of independent facilitators.

I pay a sincere tribute to Mr. Justice Quirke for taking on this task at short notice and for carrying it out with diligence, notwithstanding the fact that his official retirement took place over the course of the forum. I also pay tribute to all other participants, namely, the IFA, the Turf Cutters and Contractors Association, the Irish Environmental Network and my own staff. Bord na Móna provided an invaluable contribution, as recognised in the judge's report. I thank Mr. Conor Skehan, chairman of the Peatlands Council, who instigated the idea of holding such a forum, together with the team of independent facilitators and the support staff who worked together to ensure the smooth running of the forum. Most importantly, I pay tribute to the representatives from the raised bog communities up and down the country who came to report on their own cases, and who engaged with my staff to see how their issues could be resolved.

As stated by Mr. Justice Quirke, "those most affected by the restrictions are the turf cutting communities who for generations, and in some cases for centuries, have enjoyed ownership, property and turbary rights on the relevant bogs." His report makes sobering reading for all involved in this case. While making the point that it was not his function to adjudicate on the submissions made before, he stated the following, which Deputy Pringle also quoted. "What is undeniable is that there has been a breakdown of communication and a breakdown of trust between the relevant parties which may be difficult to restore." He went on to state that "Mutual recrimination between the State and its citizens cannot be in the national interest and the State must not become embroiled in a quagmire of disputes and legal challenges by its citizens, at a time when it is facing severe sanctions for alleged non-compliance with a European directive arising from the same set of facts and circumstances." The Government agrees with this analysis and we are committed to working with all parties to address the issues of communication and trust, mindful all the time of the commitments we have also given to ensure that we are in compliance with the requirements of the EU habitats directive.

The first recital in both motions tonight states that Dáil Éireann "recognises the innate value of Ireland's unique natural habitat and the necessity to protect if from harm." There is no more unique habitat in Europe than our remaining examples of functioning raised bog. We are legally bound to protect the relatively small amount of raised bog habitat remaining in Ireland that we have nominated as special areas of conservation. In effect, we are asking that the communities affected by the designations sacrifice, or change, part of their cultural heritage, so that we maintain a representative sample of this very valuable part of our natural heritage for future generations. Not to do so would be unforgivable. This then places an obligation on the State to compensate fairly or otherwise look after the needs of those whose traditional rights are being curtailed. This Government is committed to that principle.

If there is one overall message in the motions before the House and in the report from Mr. Justice Quirke, it is that things could have been so different if we had confronted our difficulties when we had the time, instead of leaving it until the last minute. The habitats directive was agreed by the European Community over 20 years ago with the objective of protecting endangered European habitats and species. It applies to all member states and each must meet its own responsibilities under its terms. It was very clear from the earliest days of the directive's implementation in Ireland, and indeed during the period leading up to it, that there would be significant implications for turf cutters on Ireland's raised bogs, over and above almost any other category of landowner in Ireland.

Significant education and consultation campaigns were put in place as the directive began to be introduced in Ireland. These included numerous local consultation exercises as well as much national level negotiation with interests such as the IFA. Action was taken to end commercial cutting on raised bogs, and the voluntary bog purchase scheme was put in place. However, in the face of opposition to ending cutting by domestic cutters, the then Government introduced the ten year derogation. It was then conveniently forgotten. Everyone else forgot about the issue and hoped that it would go away, but it did not. Meanwhile, scientific studies demonstrated that there was continued and dramatic decline in the health of our raised bogs. These reports should have galvanised everyone to action, but again nothing happened.

By the time everyone was forced to confront the issue, due to the threat of major fines in the European Court of Justice and further reputational damage to Ireland, there were no answers and there was no understanding, no communication and no trust in which to build a shared solution.

An interdepartmental committee was established in 2009 to consider the issues in the run up to the ending of the derogation. However, the response to its report was inadequate and the last Government did not provide the certainty or the route map to deliver the long-term solution that was necessary.

When this Government came into office, we had found that we had already run out of road, with legal proceedings already taking their course against Ireland. We were determined to take a different route. While we were obliged to bring Ireland into compliance with EU law, we also put in place new responses to address both the concerns of individuals and the wider need to build a shared future and understanding. These responses included compensation schemes, relocation schemes, and most importantly the consultative Peatlands Council, under independent chairman Mr. Conor Skehan, to bring all parties together to build that shared understanding. This has been a difficult process. That is why, on the suggestion of Mr. Skehan, the Government asked Mr. Justice Quirke to chair the peatlands forum last week.

I believe that the forum may be seen as the critical initiative where we begin to turn the tide of mistrust that was evident in its plenary sessions. We saw some significant progress at the plenary sessions and in the technical sessions, as well as in the other bilateral meetings that took place over the four days.

Following the first day's proceedings, Mr. Justice Quirke took the initiative to see if some manoeuvrability could be delivered through developing a national plan for our protected SAC raised bogs. This is the central recommendation in Mr. Justice Quirke's report. Therefore, the Government decided today to develop a national SAC raised bog management plan, which will set out how we propose to manage our SAC raised bog resource. In the context of such a plan, it may be possible to bring some limited flexibility for a few of the most difficult bogs where there are no alternative solutions. It should be stressed that this can only be done within the framework of the EU habitats directive.

The bar is set very high. Any case made must show that it stands up in terms of being for imperative reasons of overriding public interest, and any such proposals must obtain the consent of the European Commission. It is also clear that there will be a requirement for compensatory habitat to meet the requirements of the directive. In fact, the preparation of this plan will require the closest ongoing consultation with the European Commission. Such a plan will not be acceptable and will have no credibility if cutting continues this year on the affected bogs. I therefore appeal for patience and understanding as we develop the plan over the coming year. Furthermore, it would be wrong to expect that such a plan could allow any cutting in the future on more than a very small number of bogs. Nonetheless, it holds out the possibility of finding solutions in those cases where none appears credible at present, although further work needs to be done first to exhaust the possibility of alternatives.

While that overall plan is being prepared, I believe we are now in a position to begin to roll out solutions, over the coming months, to many of the communities who came to the forum. There are legal, planning and land purchase issues involved in many of these cases and it will take some time to deliver new relocation bogs as we work through all these issues. We have models which work. In both Clara, County Offaly and Mountbellew in Galway, my Department and Bord na Móna have worked with the local community to put in place re-location bogs. I understand that the former Member of this House, Mr. Paul Connaughton Snr., who raised this issue on several occasions in the House, explained at the forum how a relocation project was developed for his community. More importantly, he explained the journey from mistrust to trust as this was delivered over the past six months.

As starkly illustrated in the Quirke report, this is a journey we must replicate in many more communities. This is the challenge ahead of us. For my part, I can assure the House that we will make all efforts within our resources to build that trust. Referring to the fact that the work on which we are embarking will take time, Mr. Justice Quirke stated:

Innovation is required because resolution of these difficulties cannot be achieved within the time presently available to the parties. Some means must be found to overcome this problem.

In response to this need to respond innovatively, the Government is improving both the monetary compensation package and providing additional flexibility in terms of turf delivery as relocation issues are sorted out. The Government has, therefore, agreed to enhance the compensation package as follows> The annuity payment will be increased from €1,000 to €1,500 per annum, index linked, for 15 years; an additional once-off incentive payment of €500 for qualifying cutters will be provided this year where agreements are signed with my Department; the quantity of cut turf to be delivered, as an interim measure, to those opting for relocation will be increased, from 10 tonnes to 15 tonnes. Extra turf will be also provided where multiple users have sourced from one plot and where the total cut is more than 15 tonnes per annum. Claimants must provide evidence to back up the claim, and this issue will be discussed further with interested parties. The enhanced package will be available to those who already applied to date under the schemes. I can assure the House that my Department will work with all individuals and communities to ensure those who are entitled to have turf in their grates continue to do so.

I have also directed my Department to put in place measures to expedite payments to applicants, subject to proportionate checks and appropriate audit controls. Most applicants with signed forms, and who have certified their compliance with the requirements of the scheme, will receive their payment in the coming weeks. The only way in which we can get ourselves out of the current situation is to work hard together, as Government, turf-cutters, community leaders, landowners and non-governmental organisations, to find solutions to our problems. The work of the IFA and the TCCA has been invaluable in helping us all find a way around what appear like insurmountable challenges. I am committed to working closely with them, and with all groups represented on the Peatlands Council, including the environmental non-governmental groups, to work through all the issues in the months and years ahead. Our focus will be on those citizens who are being expected to bear the burden of these measures on behalf of the wider community.

I thank Deputy Luke 'Ming' Flanagan for putting this motion to the House. It is opportune, before the turf-cutting season normally commences. I also thank Deputies Pringle and Clare Daly for their contributions. In response to Deputy Clare Daly, regarding consultation and my involvement in that process, there has been more consultation and communication in the past 12 months than in the previous 20 years. The first action I took when I got this job was to go to Roscommon and Galway and take a helicopter ride with Deputies Luke 'Ming' Flanagan and Naughten and the chairman of the TCCA, Mr. Michael Fitzmaurice. Unfortunately, there was not room in the helicopter-----

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