Alan Shatter (Dublin South, Fine Gael)

I welcome the opportunity to affirm the reasons for the Garda involvement in relation to the matters in question.

It speaks volumes that the Deputy has raised the matter by referring to "the use of State forces in Clonmoylan Bog". By referring to the Garda Síochána in this manner she shows an extraordinary lack of respect for the Garda Síochána and for the work it does. This is no more than an emotive attempt to denigrate public servants who are simply doing their job. Let me say with absolute clarity that I support fully the efforts of members of the Garda Síochána to deal with a difficult situation not of their making, but encouraged by Deputy Luke "Ming" Flanagan and other Deputies, who seem to believe there is an Àla carte menu of laws, some of which they can choose to comply with and others which they and ordinary citizens may reject. The gardaí recognise the strength of feeling of those involved in the protests and had no desire for a confrontation with them but, as guardians of the peace, they have a duty to see that the law is observed.

Of course, carrying out this difficult duty is not helped by Deputies in this House who consistently act as if obeying the law is a matter of choice; that if persons do not approve of a law they have no obligation to obey it. However it is dressed up, that approach flies in the face of democracy and the rule of law. The Deputies are simply fooling those whom they claim to support by implying that a failure to obey the law will change the facts of the situation.

The background to these most recent events is well known. Further to Ireland's obligations under EU law to protect rare and threatened habitats, it has been overwhelmingly clear for some time that turf cutting of Ireland's 53 raised bog special areas of conservation, SACs, could not continue. The Government has put in place a compensation package for those affected, involving the option of a financial payment over 15 years or relocation. This process is in place under the independently chaired Peatlands Council and I understand the vast majority of those concerned are engaging constructively along these lines, which is very much to be welcomed.

My colleagues, the Ministers, Deputies Jimmy Deenihan and Phil Hogan, have also met the European Commissioner for the Environment and secured his agreement that a national raised bog SAC management plan should be developed in the coming 12 months. This was a major step forward and in keeping with a motion adopted in this House to which the Deputy referred. The plan will be wide-ranging and address each of the 53 sites, looking at the practical aspects of conserving, restoring and managing the affected bogs. It will also allow solutions for affected turf cutters to be explored in detail, including continued cutting in exceptional circumstances if the tests of the habitats directive can be met.

Notwithstanding these developments and the unambiguous legal position, cutting has continued in a number of what seem to be organised instances. This activity is misguided but I dare say encouraged by grandstanding by some Members in this House and elsewhere. In these instances, the National Parks and Wildlife Service has a duty to uphold and enforce the law and has endeavoured to do so in a sensitive fashion and with care to avoid unnecessary confrontation. The Garda has maintained close liaison with the service to ensure the law and public order are upheld.

Turning to the events near Portumna, I understand the National Parks and Wildlife Service legally impounded some equipment at Clonmoylan bog giving rise to protest. In view of the circumstances and the large number of people involved, a significant number of gardaí have been present there to ensure the law is upheld. Policing is an operational matter for An Garda Síochána and in situations such as that which occurred it is a matter for the Garda authorities to decide on the appropriate deployment of personnel and the relevant policing strategy. As Minister, I have no direct role in such matters, but I have every confidence that the Garda has carried out its duties in a fully professional manner.

The House will appreciate that the situation at Clonmoylan has evolved. However, the latest briefing I received before coming into the Houses indicated that the Garda, in the discharge of its duties, had removed a piece of equipment for the purposes of technical examination, with a view to preparing a file for the Director of Public Prosecutions. On conclusion of that examination it is intended to return the equipment to its owners on the basis that it will not be used in breach of the law. I also understand the protest has ended.

Neither the Garda nor the Government has any difficulty with peaceful protest, but people do not have a right to break the law or obstruct those implementing it. I encourage those involved in protests to step back from unlawful activity and engage, as others have done, with the process in place. The Government maintains an open door for engagement to find an accommodation for turf cutters within the law. Apart from anything else, this would allow the Garda to get back to meeting the ordinary policing needs of communities, for which it has my support and that of the public at large. It is a bit rich of the Deputy to make reference to gardaí being deployed at this location where people were engaged in serious illegality and then criticise gardaí for not being elsewhere.

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