Ulick Burke (Galway East, Fine Gael)
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I thank the Ceann Comhairle for selecting this matter. I propose that the derogation that will cease in December 2008 be extended beyond that date. Taking the current costs of fuel into account, it is reasonable to expect the Minister to reconsider the situation that has developed since 1997, when the directive was introduced, and when the then Minister, Deputy Dempsey, verified the extension of the derogation in the Wildlife Act.

During the recent referendum campaign, it was clear that issues such as this were a major factor in the "No" vote. The Minister of State at the Department of the Environment, Heritage and Local Government is familiar with the situation in Shragh community centre, where those voting in a small rural area voted overwhelmingly "No", primarily because of this situation. The Minister, Deputy Gormley, has been asked if he will extend the derogation beyond that period. It is clear that the people are sick to the teeth of overregulation, especially from Europe. At a recent public meeting, 200 people indicated that they wanted to continue to harvest peat for domestic purposes as they had always done in Clonmoylan bog, outside Woodford.

It is important to note that the designation of certain bogs as SACs and national heritage areas, NHAs, in 1997 and in 2000 was based on unsound interpretation of the habitats directive in 1992. In 1997 and in 2000, the relevant Ministers designated SACs and NHAs exclusively on scientific grounds. The Minister who designated certain bogs as SACs in 1997 told Dáil Éireann on 13 March 1997 that "the habitats directive is a conservation measure and only allows for objections to proposed designations on scientific grounds". That view was sustained by the subsequent Minister, Deputy Noel Dempsey, when he introduced his Wildlife (Amendment) Act of 2000.

The Wildlife (Amendment) Act was signed into law on 18 December 2000. Both Ministers ignored a number of important provisions in the 1992 directive, which was published on 21 May 1992. The EU habitats directive declares that its central aim is to "promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements". In committing itself to the "general objective of sustainable development", the habitats directive acknowledges that "the maintenance of such biodiversity may in certain cases require the maintenance, or indeed the encouragement, of human activities".

The Ministers responsible for the 1997 and 2000 designations did not take into account the economic, social, cultural or regional requirements of the people of rural Ireland. They focused exclusively on the scientific grounds. The 1997 designation does not reflect the EU habitats directive's requirement for the "maintenance and encouragement of relevant human activities".

The harvesting of turf is a major part of life in rural Ireland, especially for domestic purposes. No one wants to see the commercial use of those bogs. When the Minister of State, Deputy Michael Kitt, was in the Chamber I pointed out that the "No" vote in certain parts of rural Ireland was a direct response of the people in rural Ireland who wanted to harvest turf. I gave an example of the polling booth in the Clonmoylan area where harvesting turf is restricted.

This is happening at a time when we have an increase of 30% in electricity prices. In 1997, oil cost $24 per barrel and it is now $140 per barrel. The Minister cannot turn his back on the situation and condemn many people who depend on the bog for winter heating and domestic purposes. It is the Minister's prerogative and within his capacity to extend the derogation beyond the current limit, allowing a redemption and an extension of time for those people.

John Gormley (Dublin South East, Green Party)
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I welcome the opportunity to clarify a number of issues regarding the cessation of turf cutting on a relatively small number of designated bogs, which is due to come into effect at the end of this year. Of the 1,500-1,600 raised bogs, only 139 are designated and only 32 of these are subject to the derogation that lapses this year. While a similar ten-year derogation period will apply to the balance of the 139 designated bogs, turf cutting may continue as before on the vast majority of bogs. That message must be sent out loud and clear. The number of bogs affected by the ending of turf cutting in 2008 is, therefore, very limited.

The Deputy refers to the interpretations by previous Governments of the habitats directive in 1997 and 2000. Ireland is required to protect habitats of European importance under the habitats directive 1992. This directive was transposed into Irish law by the European Communities (Natural Habitats) Regulations 1997 and the Wildlife (Amendment) Act 2000. Ireland has nominated certain raised and blanket bogs, which are priority natural habitats under the directive, as candidate SACs. In addition, Ireland has also designated other raised and blanket bogs as NHAs under the 2000 Wildlife Act.

Ireland's raised bogs are of European importance. Almost all of the active raised bogs in western Europe have disappeared or been severely damaged. Within Ireland too, most areas of bog have been severely damaged, mainly by turf cutting, but in more recent times by afforestation and overgrazing. Less than 1% of Ireland's original active raised bog — bog on which the indigenous flora are still growing and forming peat — remains. However, this tiny proportion represents 60% of western Europe's remaining raised bogs.

This bogland is a priority habitat under the EU habitats directive. Ireland is obliged under Articles 2 and 4 to protect and, where possible, restore it. When arrangements were announced for cessation of turf cutting in designated bogs in 1999, a ten-year grace period was granted to domestic turf cutters to allow them to find an alternative source of fuel. This ten-year period is now coming to an end on 32 designated raised bogs.

Ulick Burke (Galway East, Fine Gael)
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What was the price of it then?

John Gormley (Dublin South East, Green Party)
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A similar ten-year derogation applies to bogs designated after 1999. When NHAs were designated in 2004, under an agreement with the farming organisations, another ten-year derogation was put in place, allowing cutting in NHAs until 2014. In the meantime, a review of the state of our bogs has revealed severe and continuing damage by domestic turf cutting. In the ten years since commercial cutting was ended in designated areas, approximately 35% of the remaining area of this priority EU habitat has been lost. We are losing a further 2% to 4% of our remaining active raised bog per annum.

The overall scientific assessment of this habitat is "unfavourable, bad", which is the worst of three categories for EU reporting purposes. It is clear that, at the minimum, such unfavourable habitat status must be addressed by measures to ensure improvement. In the light of the scientific evidence, it would not be appropriate to extend the ten-year periods for the ending of cutting.

Since 1999, the Government has actively encouraged the cessation of domestic cutting by buying the traditional turf-cutting rights through a voluntary scheme of compensation. This covers both SACs and NHAs. It is the Government's responsibility to ensure that Ireland meets its obligations with regard to protecting at least a portion of what remains of this valuable element of Irish and European natural heritage.