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

It is a condition of the cessation of turf cutting compensation scheme that applicants must sign a legal agreement with me as Minister. These legal agreements are required under the scheme to give legal certainty to people regarding their long-term compensation. It binds the State to deliver on the compensation they have been promised. The signing of agreements also means the applicant undertakes to no longer cut turf on special areas of conservation. The scheme sets out clearly the obligations placed on the recipients and on me as Minister. As announced in the Dail debate in March last year, an additional once-off incentive payment of €500 for qualifying cutters is being provided where agreements are signed with the Department.

Under the cessation of turf cutting compensation scheme, three types of legal agreements have been and are being issued by the Department. There is an agreement for qualifying turf cutters who sign up to the annual payment of €1,500, index-linked, for 15 years. There is also an interim relocation agreement for qualifying turf cutters who have expressed an interest in relocation but where no relocation site is available for them. This relocation interim legal agreement provides for the payment of €1,500, index-linked, or a supply of 15 tonnes of cut turf per annum while these applicants are awaiting relocation to non-designated bogs. There is also a final relocation agreement. This agreement has been issued to qualifying turf cutters who have expressed an interest in relocation and where a site has been assessed as suitable for relocation and is ready or can be made ready for use for domestic turf cutting.

The legal agreements are modelled on those which have been agreed with groups of turf cutters from Clara Bog in County Offaly, and from Carrownagappul Bog and Curraghlehanagh Bog in County Galway. The interim legal agreement is required in the case of relocation sites because for the majority of raised bog special areas of conservation the relocation site and the terms and conditions applicable to these sites will take time to finalise. Turf cutters are being asked to sign the interim agreement on the understanding that when a relocation site is sourced, assessed and agreed they will be asked to sign a final legal agreement at that time. If it is not possible to find a suitable relocation site, for example, for reasons of quality or quantity of turf, planning requirements, or issues with regard to the purchase or lease of a site, the Department will consult with turf cutters as to the best option to take at the time.

All of the legal agreements clearly state that title to the property will not change. The existing land ownership or turbary rights held by an applicant will not transfer to me as Minister by the signing of the agreement. As the Deputy is aware from my reply to his question on 25 April last, relocation is a very complex process, in terms of investigating suitable sites for turf quality and quantity; the infrastructure, including drainage works, required; establishing the number who can be accommodated on the site; the cost and feasibility of land purchase or lease; and possible planning and environmental impact assessment requirements.

Of the 2,651 applications for compensation under the cessation of turf cutting compensation scheme received and acknowledged by the Department, 781 applicants have expressed an interest in relocation to non-designated bogs. In collaboration with the Peatlands Council and with the assistance of Bord na Móna, the Department is actively engaging with turf-cutting communities to consider how relocation can be progressed for these applicants.

It is my aim to facilitate, as far as possible, those qualifying cutters who wish to continue to cut turf by putting in place relocation sites for as many cutters as possible in the shortest possible time. The interim agreements are designed to guarantee the delivery of compensation while relocation is being put in place. The national SAC management plan may deliver additional flexibility where relocation is not possible.

The Turf Cutters and Contractors Association could assist this process, and the interests of the majority of cutters who are engaging with my Department, by working with me within the law, rather than encouraging people to work against all our efforts to resolve outstanding issues.

I appeal to the Turf Cutters and Contractors Association to return to the Peatlands Council and engage with the RPS consultants who are now undertaking the scientific work which is essential to underpin the national SAC management plan as well as the review of the national heritage area waste bog scheme.

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