Willie Penrose (Westmeath, Labour)
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I will share my time with Deputy Paul McGrath. This is an extremely important issue which was raised at a meeting we both held with the IFA in Mullingar two or three weeks ago. It has provoked strong responses from approximately 75 people with turbary rights in the geographical area covered by Carn Park and Crosswood Bogs in south Westmeath near Athlone and Mount Temple.

The proposal is for special areas of conservation in accordance with the 1997 habitats regulations. People who make these decisions seem to have very little understanding of their impact on turbary owners in such areas, who require bogland to harvest turf as a source of fuel for domestic use. While these areas might have been proposed as SAC areas in December 2002, the people impacted on heard and saw nothing more until physical action was taken by officials of the Department on the turf bank.

Surely the Department uses the agreement between the Government and farming organisations, copies of which both Deputy Paul McGrath and I have, on the review of the implementation of the habitats regulations 1997, whereby it should notify affected persons in writing, explaining in clear language the scientific reasons for the designation, and hold follow-up discussions with them. That is the least to be expected when turbary land, which people are using effectively, is to be confiscated and sterilised.

Appendix C deals with the compensation for turf-cutting under the agreement and states that, in the case of raised bogs and where it is necessary to prohibit turf cutting in blanket bogs, save in exceptional circumstances, people will be allowed to continue domestic cutting on their plots for up to ten years. After the ten-year period the Department would review whether there were particular circumstances under which domestic turf cutting could continue on raised bogs without damaging them. Based upon a simple interpretation of this agreement, Deputy Paul McGrath and I concluded that the 75 turbary owners based in Carn Park and Crosswood Bog should have until 2015 to continue utilising their bog areas for the purpose of harvesting turf for domestic consumption.

It was the suddenness and the pre-emptory nature of the Minister's action that aroused the ire of the turbary owners in the area. Why not have some consultation with the groups so severely impacted by these proposals? Why could these people not be offered alternative areas in close proximity to allow them to harvest their turbary requirements? Why has the agreement between the Government and the farming organisations, particularly the IFA, which included two meetings with the former Minister for the Environment, Heritage and Local Government, Deputy Cullen, been totally disregarded in this important process? I ask the Minister to revisit the decision and enter discussions in consultation with the affected people in this geographic area. It is not too late to do so.

Paul McGrath (Westmeath, Fine Gael)
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I thank the Ceann Comhairle for allowing Deputy Penrose and me to raise this important issue. As someone brought up in the city, the Minister of State will not fully appreciate the huge impact of taking away turbary rights from people in rural areas. Many people in rural areas have had turf-cutting rights on bogs for generations and they guard this right very jealously. Not only does it provide them with a source of fuel over the winter months, but it is also a great form of therapy. Many people enjoy their long evenings spent in the bog. I was brought up in a country area and spent many evenings in the bog. While I did not appreciate it at the time——

Willie Penrose (Westmeath, Labour)
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The Deputy got whelks on his hands.

Paul McGrath (Westmeath, Fine Gael)
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——my father ensured we were there and looking back we had some enjoyable times. However, 75 people in south Westmeath with turbary rights are now being cut off and told they no longer have those rights. Deputy Penrose and I recently attended an IFA meeting where we witnessed these people's anger. We met greater anger from the IFA officials present who had negotiated with the Government on behalf of such farmers around the country who would be affected. They gave us a copy of the document entitled "Agreement between the Government and Farming Organisations on Review of Implementation of the Habitats Regulations 1997". It outlined what was decided in the 2003 Sustaining Progress partnership agreement. It stated that the designation process should "be brought to completion as speedily as possible, while having full regard to the need for consultation with land owners and users, in order to meet legal obligations and to remove uncertainty for land owners and users".

Deputy Penrose quoted from Appendix 3 of the document which, in respect of compensation for turf-cutters, under the heading of "Additional incentive payment" stated:

The following applies in the case of Raised Bogs and also applies where it is necessary to prohibit turf cutting in Blanket Bogs.

Save in exceptional circumstances, people will be allowed to continue domestic cutting on their plots for up to 10 years.

The IFA official present who negotiated that agreement with the Government was very much of the opinion that this would mean the ten years up to 2015. Deputy Penrose tabled a parliamentary question to the Minister, who stated these rights would cease next year and they would need to stop cutting then. We need to resolve this issue. The people who negotiated the agreement believed they had ten years from that point. The Government is now interpreting it as a two-year deal, which is not satisfactory. We need an interpretation on the matter. I ask the Minister of State to talk to the farmers concerned. Some compromise needs to be reached.

Noel Ahern (Dublin North West, Fianna Fail)
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I am answering on behalf of the Minister, Deputy Roche. Carn Park and Crosswood Bog were designated as special areas of conservation in December 2002. SACs are the prime wildlife conservation areas in the country. They are important on both a European and national level, and must be protected for future generations. Both these bogs comprise raised bog, which is a rare habitat in the EU and is becoming increasingly scarce and under threat in Ireland. As Ireland has more than 60% of the total EU resource of raised bog, we have a special responsibility for its conservation at an international level.

Although these bogs have been designated as SACs, turf cutting for domestic use only will be permitted on less sensitive areas of the bogs until the end of 2008, subject to the condition that so-called "sausage machines" are not used.

Paul McGrath (Westmeath, Fine Gael)
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Does the Minister of State know what they are?

Noel Ahern (Dublin North West, Fianna Fail)
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The Deputy already made reference to my upbringing and I apologise.

Willie Penrose (Westmeath, Labour)
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Perhaps the Minister of State was lucky. He need not apologise.

Noel Ahern (Dublin North West, Fianna Fail)
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I appreciate the impact the cessation of turf cutting at the end of 2008 will have on turbary right owners in these and other SAC designated bogs. In view of that impact the previous Minister agreed in 1999 that domestic turf cutting could be permitted on less sensitive areas of bogs designated as SACs for a period of up to ten years. This was to allow cutters the opportunity to make alternative arrangements for their domestic heating supplies and as I have indicated it was also subject to the condition that so-called "sausage machines" could not be used.

Regard for the impact on local turf cutters was also the reason my Department introduced the cessation of turf cutting scheme. Under this scheme my Department purchases either freehold title or turbary rights in raised bogs in designated areas. This approach ensures the survival of the bog and provides a financial resource for those availing of the scheme to purchase an alternative source of energy, including the purchase of non-designated bogs.

My Department will purchase turbary rights at a cost of €2,975 for the first acre or part thereof and €2,550 for each subsequent acre. Higher rates are available to those who sell full title. A generous bonus scheme is also in place in recognition of the impact the cessation of turf cutting may have on those concerned. I intend to keep this scheme open at least until the expiry of the ten-year derogation period.

While turf cutting in areas designated as national heritage areas may continue until 2014, SACs such as Carn Park and Crosswood Bog are the prime conservation sites in the country, important at both EU and national level, and it would not be appropriate to allow a further extension of the period for ending turf cutting in these areas.