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

A total of 75 raised bogs have been formally designated as natural heritage areas - NHAs - under the Wildlife Acts. The Wildlife Acts provide protection to NHAs through a requirement for certain activities to require ministerial consent before being undertaken. As with the case of special areas of conservation, a ten-year derogation was applied to allow domestic turf cutting to continue on NHAs. In May 2010, the previous Government decided that turf cutting should come to an end on all raised bog NHAs at the end of 2013.

However, the current Government undertook to review the situation. This review is now under way. To assist in this task, my Department has engaged a team of scientific specialists to underpin the review, which I hope will be completed in the autumn. NHAs are not subject to the same legal regime under the habitats directive that apply to raised bog special areas of conservation, SAC. However, the approach to peat extraction on NHA raised bogs has been raised by the European Commission in the same reasoned opinion that was addressed to Ireland on turf cutting on raised bog special areas of conservation, SAC. The issue relating to NHAs concerns adherence to the requirements of the environmental impact assessment, EIA, directive.

It should be noted that the NHA raised bogs were formally designated as part of a resolution to a case where Ireland was found against in the European Court of Justice in regard to inadequate application of the EIA directive regarding peat extraction. This judgment was made against Ireland in 1999. Therefore, while the Government has more options in regard to the management of NHA raised bogs we need to work closely with the European Commission to ensure we meet our legal obligations. The review will provide clarity for turf cutters and landowners in advance of the 2014 turf cutting season and my Department will contact individual landowners and turf cutters on the outcome of the review. Issues in relation to NHA raised bogs have also been discussed with stakeholders represented at the Peatlands Council as part of its remit.

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