Mary White (Carlow-Kilkenny, Green Party)
Link to this: Individually | In context

I am delighted that my debate was selected because I am very concerned about what is happening in special areas of conservations, SACs, particularly in my own area, the Blackstairs Mountains on the Carlow-Wexford border, and also on the upland areas of County Wicklow. Quads, sports utility vehicles and scramblers are using these beautiful upland commonage areas for recreational use. These lands are farmers' fields. They use the lands for commonage grazing and they collect financial payments for that. Unfortunately, some people using quads, SUVs and scramblers are destroying the habitat on which these farmers graze their sheep. Under the EU habitats directive, farmers will be penalised, and I believe the Government will be also penalised unless it brings in by-laws or national legislation to protect these wonderful upland commonages. They are the most magnificent habitats, not only for sheep but for a wide diversity of flora, fungi and extraordinarily beautiful grasses.

I am concerned that unless we do something to protect these habitats we will be in trouble with Europe. I know that the national parks and wildlife service has conservation rangers who patrol the area Monday to Friday and in some areas they do so 365 days a year, particularly in the Wicklow uplands. Unfortunately much of this damage takes place at weekends and bank holidays. While a person must have a licence and must tax a quad, a SUV or a scrambler while it is in use on public roads, when such vehicles are used on the upland commonages many are without tax designation. Nobody knows who owns them and it is very hard to track down these people.

I am delighted there is ranger cover in some of the national parks but there is a need for by-laws where there is no cover. We know that there are by-laws in parts of County Wicklow and County Louth but I believe there is a specific need for a dedicated area for the use of quads in order to get them away from these wonderful areas, the SACs. The drivers could then indulge in their sport in a safe way that will not impact negatively on the uplands nor impinge on the farmers' livelihood.

Coillte has a recreational policy position but I do not believe that such on its own is enough to address this issue. There must be, in tandem with the legislation, visible signals and a willingness to enforce the legislation. Otherwise our habitats will suffer and we could be left open to a charge from the European Union for not protecting these special landscapes. I live in one of these landscapes. There are penalties for unauthorised activities including the seizure of vehicles, fines of up to €3,000 and imprisonment of six months. However, detection and identification are virtually impossible. There are no prosecutions pending, although notices of special area of conservation designation have been served on several users. We need a concerted effort to protect our mountains and habitats. The Minister for the Environment, Heritage and Local Government, Deputy John Gormley, launched a position paper on protecting our bio-diversity, the loss of which would be significant. EU Directive No. 43 of 1992 obliges Ireland to protect these uplands.

In parts of England there are quad bike liaison groups which have done tremendous work in tandem with users and local authorities and have cut the unauthorised use of quad bike in SACs, mostly in sand dune areas. We should examine the option of this type of partnership the success of which was spectacular. I ask the Minister, Deputy O'Keeffe, if there are funds available to increase the number of wildlife rangers. Will the Minister encourage local authorities to enact by-laws or is there a form of national legislation that could protect these wonderful upland commonage areas? We owe it to farmers who graze sheep there and to the landscape to protect it from improper, recreational use of quads, scramblers and sports utility vehicles.

Batt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

I thank the Deputy for raising this matter. The Minister for the Environment, Heritage and Local Government, Deputy John Gormley, is unavailable and conveys apologies for his absence as he has another engagement. I welcome the opportunity to address the issue of the use of off-road vehicles in upland areas. This is an issue of concern because of the damage that such vehicles can cause to sensitive upland habitats, including such places as the Wicklow Mountains National Park and, in particular, to designated habitats.

New powers were taken to address this issue in the European Communities (Natural Habitats) (Amendment) Regulations 2005. These regulations make it an offence to bring onto, or place in, a designated area, any object, or carry out any activity, likely to damage such a site and includes powers of arrest and seizure in the event of non-co-operation by the offender.

The use of such vehicles is a "notifiable action" in upland heath and bog habitats designated as special areas of conservation under the habitats regulation. This means the specific consent of the Minister for the Environment, Heritage and Local Government is required.

The use of off-road vehicles sometimes involves driving in some of the most remote and rugged parts of the mountains, through fragile upland peatlands. This can cause soil erosion and damage to blanket bog and heath. Disturbance to wildlife may also occur. For example, I understand many quad bike riders seek to scale Lugnaquilla, the highest mountain in County Wicklow and barriers erected to prevent entry at certain locations have been damaged and knocked down.

While the Department of the Environment, Heritage and Local Government's National Parks and Wildlife Service organises enforcement patrols, the sheer extent of these upland areas, numerous access points, lack of identification marks on off-road vehicles and their high mobility, make it very difficult to apprehend the offenders. Even if putative offenders are apprehended in such places as forestry car parks, it is generally not possible to establish that a particular person or vehicle was involved in the committing of an offence.

The Department is drafting amendments to the habitats regulations, which are planned to be put in place later this year. It is envisaged these regulations will contain measures to make the control of such vehicles and activities more effective. In this context, consideration is also being given to the introduction of registration and licensing requirements for recreational off-road vehicles.

In the meantime, anyone with information on where and when such activity is occurring should contact the relevant regional office of the National Parks and Wildlife Service.