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

The motion relating to raised bog special areas of conservation, SAC, agreed unanimously by Dáil Éireann on 7 March this year, called on the Government to “engage actively with the European Commission to seek a resolution within the terms of the Habitats Directive, and to prepare and submit a National Raised Bog Restoration Plan to the Commission as a matter of urgency”. This is exactly what the Government did. In April, I secured agreement from Commissioner Potočnik to the drafting of a national raised bog SAC management plan, which could unlock the flexibility that is available within the terms of the habitats directive where relocation is not possible. A document outlining the approach to this plan is available on my Department’s website at www.npws.ie. The motion agreed by the Dáil did not call for a continuation of turf cutting to be allowed while such a plan was being drafted. The Government's position was absolutely clear on this point, as set out in my speech on the motion.

Three weeks later, and a week before I met Commissioner Potočnik, Deputy Luke 'Ming' Flanagan handed me a submission, which he also forwarded to the Commission, which sought a continuation of cutting on the majority of raised bog SAC sites over a number of years. Such proposals were clearly outside both the terms of the Dáil motion and of the habitats directive. The Turf Cutters and Contractors Association, TCCA, would have been aware from its own discussions here and in Brussels that such a continuation could not have been sanctioned by the Commission or by the Government.

In response to questions posed in the European Parliament in July, Commissioner Potočnik made the following reply: “The Commission can confirm that it received a submission from the Turf Cutters and Contractors Association in early 2012. Continued peat extraction on Ireland's 53 raised bog sites of community importance, while a national management plan is being prepared, would be contrary to the provisions of the applicable EU legislation.” The Commissioner went on to state: “The Commission did not give TCCA, or any other party, reason to believe that such continued extraction was possible. Moreover, the Commission does not believe that the Irish authorities have the legal discretion to agree to it either."

There is no need for people to break the law. The vast majority of turf cutters have refrained from cutting and are now engaging with my Department in pursuing alternative arrangements. The objectives of the Dáil motion are being achieved by the Government and turf cutters working together, within the law. However, the TCCA has suspended engagement with the Government and the Peatlands Council. This is regrettable as it would be easier and quicker to realise the objectives of the Dáil motion, through finding solutions for each site and finalising the national plan, with all parties at the table. The TCCA might find that such an approach would better serve its members’ interests. I appeal to the TCCA to return to the table to continue the discussion.

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