Sandra McLellan (Cork East, Sinn Fein)
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Question 15: To ask the Minister for the Environment; Heritage and Local Government his plans to allow an exemption for domestic turf cutting on 75 national area sites; and the date on which he will introduce an agreed code of environmental practices [6920/11]

Peadar Tóibín (Meath West, Sinn Fein)
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Question 21: To ask the Minister for the Environment; Heritage and Local Government his plans to establish an independent mediation between relevant stakeholders in order to facilitate resolution to 55 Special Area of Conservation designated bogs [6926/11]

Peadar Tóibín (Meath West, Sinn Fein)
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Question 27: To ask the Minister for the Environment; Heritage and Local Government his plans regarding the voluntary bog purchase scheme and other compensation schemes for commercial and domestic turf cutters who have been obliged to cease activities with designated bogs [6927/11]

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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Question 29: To ask the Minister for the Environment; Heritage and Local Government his plans to establish an independent mediation to resolve outstanding issues associated with turf cutting on blanket bogs; and the date on which this will be established [6909/11]

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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Question 32: To ask the Minister for the Environment; Heritage and Local Government his plans to seek an extension of the Raised Bog Natural Heritage Area derogation beyond 2013 [6908/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 15, 21, 27, 29 and 32 together.

Between 1997 and 2005 Ireland designated 55 special areas of conservation and 75 natural heritage areas for the conservation of raised bog habitat.

In 1999, the then Minister announced a ten year national derogation during which domestic turf cutting could continue subject to certain restrictions. This applied to 31 raised bog sites designated at that time. A similar ten year derogation was applied to the SACs and NHAs designated subsequently.

In May 2010, the previous Government confirmed the end of the derogation for domestic turf cutting in these 130 raised bog conservation sites on a phased basis, with an effective cessation of turf-cutting being implemented on 31 raised bog SACs from 2010.

We must develop a strategic approach to how we manage our peatlands in Ireland. To that end the programme for Government committed to three actions in relation to peat conservation issues: an exemption for domestic turf cutting on 75 NHA raised bogs subject to an agreed national code of environmental practices; an independent mediation mechanism to facilitate resolution on the 55 SAC raised bogs; and an independent mediation mechanism to resolve issues on blanket bogs.

The European Commission has been critical of Ireland's approach to the protection of peatland habitat and initiated infringement proceedings against Ireland in January this year. I have already twice met EU Environment Commissioner Potocnik to discuss the matter since taking office.

The Government intends to act in accordance with the commitments in the programme for Government to address the European Commission infringement proceedings, and respond to the need to give full effect to the decision of May 2010. I will announce details of the Government's intentions on these matters in the coming days and these announcements will also address the position in respect of NHAs.

The voluntary bog purchase scheme is currently, and will remain, closed to new applicants. The Department will write shortly to current applicants under the scheme to update them on their options arising from the Government's intended approach for the future.

It is our intention to resolve the long-standing issues regarding peat extraction on protected sites by working with turf-cutters and local communities to address legitimate concerns while ensuring that Ireland is in compliance with EU environmental legislation. We are putting in place a range of measures which will be designed to meet these twin aims.

Brian Stanley (Laois-Offaly, Sinn Fein)
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The Minister's reply deals with some of the issues I have raised but in Laois-Offaly there are 15 bogs that will be directly affected by the ending of the derogation. Many people depend on these bogs for fuel and it is imperative the Minister ensures they are not left without fuel. They have no access to piped gas and the price of oil is rising rapidly. This cannot be put on the long finger, the derogation has ended. People were told informally to continue cutting. Fair enough but the programme for Government states that the Government will allow for the continuation of turf cutting in these areas subject to the introduction of environmental guidelines the Minister mentioned. We must have clarity on this. When will the guidelines be introduced and will it be done by ministerial order or legislation? The guidelines are not mentioned in the legislative programme.

Europe is bearing down heavily on us on this issue. If we must preserve habitats, there are bogs with very poor quality peat that could be retained as habitats instead of bogs that have three or four metres of fuel on them. When will the guidelines be issued and when will the mediation process be fully explained?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I understand the confusion about these matters, particularly in the run up to elections, when these matters become clouded. We are dealing with the EU habitats directive that is the law of the land and that must be implemented to preserve biodiversity and meet environmental obligations. We have been in the courts, and will be brought before them again unless we deal with this issue as soon as possible. I assure the Deputy that his forthright questions on this issue have been noted because I share his concerns and I will shortly introduce proposals that will eliminate any confusion about this issue.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I congratulate the Minister and Ministers of State on their appointment. On the special areas of conservation and natural heritage areas, can the Minister produce a copy of the scientific evidence that led to the designation of those areas? The Minister knows there were many areas designated as SACs in the past and when scientific evidence for designation was requested, none existed. As an example, along the banks of the River Nore and the River Barrow, long stretches on both sides that ran as far as the edge of the second adjoining field, almost 200 metres, were designated as special areas of conservation. The IFA kicked up against this because it was a major imposition and, lo and behold, scientific evidence was produced and the SACs were reduced to within a couple of metres of the riverbank on the basis that there was no scientific evidence to designate the original boundaries. Someone drew a line on a map without scientific evidence when this should only be done on the basis of proper evidence. The Minister spoke about a scientific basis for planning and there is a duty to ensure such evidence exists. If it exists, we will stick with it but if it does not we should re-examine the boundaries.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank Deputy Fleming for his remarks. We enjoyed a good working relationship when he was chairman of the Oireachtas Committee on Environment, Heritage and Local Government in the last Dáil and I look forward to working closely with him again.

I have a great deal of sympathy for his comments on scientific data. In the national heritage areas, in particular, there is scope to look at the scientific data to assess them properly and to allow for stakeholder consultation and involvement when coming to terms with the data. I also agree that if the data dictate that an area is necessary to meet our EU obligations under the habitats directive, it will be designated. Equally, if there are national heritage areas where the scientific data do not stand up to scrutiny, we should not designate those areas.

I have sympathy with the idea the EU scrutiny committee should have been more active in the past when we were negotiating many of these areas that have now passed through the system. In May 2010, 31 such areas were approved by the European Commission in conjunction with the Department on this issue. I suspect everything was in order there for the scientific data but we will deal with many more of these in the coming years so we must have a system in place that will give clarification on the issue in the scientific data while offering the opportunity for stakeholders to be satisfied that the data stands up and that the designation that will ultimately be applied is legitimate.

Brian Stanley (Laois-Offaly, Sinn Fein)
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We are being told bogs cannot be cut away but there is evidence that cut away bogs are habitats for wildlife. When will the mediation process mentioned in Question No. 21 be established and who will do the mediating? What outcome would the Government like to see from that mediation - compensation or the relocation of turf cutters?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am in a position to inform the Deputy that we will make an announcement on these matters shortly. I am coming to conclusions on these matters in terms of mediation. I am keen to see stakeholder involvement in respect of devising management plans for each bog with an independent chairman, as outlined in the programme for Government, and I am keen for this to take place sooner rather than later. There is great uncertainty and confusion as present and the matter requires clarity as the Deputy correctly pointed out.

In the context of mediation, I have no wish to prejudge any outcome by a particular body that might be in place to engage with stakeholders to achieve outcomes in respect of any bog. Some of it might involve compensation, more of it might be alternative arrangements. However, I am conscious of the Deputy's earlier remarks on fuel costs. One size will not fit all but there may be an opportunity, through discussions and negotiations, to meet the requirement of our environmental obligations and implement the EU habitats directive and to meet the genuine concerns of people involved in turf cutting.