Luke Flanagan (Roscommon-South Leitrim, Independent)
Link to this: Individually | In context

Question 3: To ask the Minister for Arts; Heritage and the Gaeltacht the overall sums of money that have been set aside to resolve the issues arising from the designation of 54 bog complexes as special areas of conservation under the Habitats Directive; if he will provide a breakdown of moneys which will be allocated to the various resolutions put forward, that is, to relocation expenses including the purchase of non designated bogs and the expenses of developing access to those bogs, to de-designation of certain bogs, and to the minority of turf cutters who will accept compensation as offered by him; if he will also make known the funds being made available to pay the 500 or so turf cutters who have entered into agreements with him to sell their bogs but to date have not received any payment; and if such funds will now be ring fenced and held specifically for the purpose of resolving the issues arising out of the implementation of the Habitats Directive. [36712/11]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
Link to this: Individually | In context

In April, the Government announced a redress package for those affected by the cessation of turf cutting on these sites. The package offers qualifying turf cutters the option of a financial payment over 15 years or their relocation to non-designated bog, where they can continue to cut turf. Those wishing to relocate can avail of a financial payment or the delivery of cut turf while relocation sites are identified and prepared. The costs of acquiring and preparing relocation sites will be met by the State.

The Government is committed to achieving a solution to this issue that protects the interests of those who have relied on these bogs for their fuel needs. I have held discussions with the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, in recent weeks to ensure that sufficient funds can be made available to meet the various schemes which we have put in place for the cessation of turf cutting on special area of conservation, SAC, raised bogs. I assure the Deputy that this Government will make available the funds necessary to meet our commitments in this regard.

These funds will come from central Exchequer sources and from my Department's share of the environment fund. Final allocations between the various schemes have not yet been made but I am satisfied that the total amount available to me will be sufficient to meet the demands over the coming years. Decisions relating to the allocations for the various schemes will depend on the expected demand for these schemes. My Department will give consideration to that matter over the coming weeks. More than 520 applications have now been received for compensation, through the financial payment over 15 years or through relocation under the cessation of turf cutting compensation scheme.

The remit of the Peatlands Council includes an opportunity to review the compensation and relocation arrangements and to make recommendations to me. For example, the idea for the free delivery of turf arose at the council and was accepted by me as an interim measure while relocation arrangements were being put in place. My Department has 348 applications relating to SACs not yet finalised. The Department will write very shortly to these applicants to offer them the opportunity to transfer to the recently announced compensation scheme as an alternative to completing the sale of their land or turbary right. Those who decide to remain in the purchase scheme will have their applications dealt with in due course.

Additional information not given on the floor of the House

Any decision to declassify an SAC is a matter for the European Commission in accordance with Article 9 of the Habitats Directive, where it is warranted by natural developments, such as those caused by landslides, erosion, climate change or other natural phenomena. As this does not arise with Ireland's raised bog SACs, it is difficult to see how a case for declassification could be made. With regard to the voluntary bog purchase scheme, around €26 million has been paid to date since its launch in 1999 and more than 1,000 individual transactions have been completed.

Luke Flanagan (Roscommon-South Leitrim, Independent)
Link to this: Individually | In context

There is no point in saying there are obvious differences between us on the issue and we will not go through them today because I am not asking about them. It is important to say that when the Minister mentions 15 years of compensation or the delivery of turf, that delivery is not for 15 years. Although we may be happy about aspects of that provision, it is an issue for another day.

Time will tell if we agree on the following issue. The last thing we want is people who have not been cutting turf applying for compensation to help them with burning turf or getting alternative fuel in their files. I flag this as a potential problem because the only people who have contacted me about the compensation package have turned out not to be entitled to the package because they have not cut turf for years. I only discovered this on delving into their requests. I told them there was no point in applying for the scheme but the vast majority said they would apply for it anyway because they might get it. Whatever about what we disagree on, I presume we agree there is a shortage of money in the State and if we are to pay compensation to people - if people want compensation it is their own business, knowing the pitfalls around it - we must be wary of people taking advantage of the scheme who are not entitled to it when it was meant for others.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
Link to this: Individually | In context

I thank Deputy Flanagan for his welcome contribution and for the advice he has given me. I totally agree with him that the compensation that has been made available will have to go to those people who are going to be seriously inconvenienced by having to relocate. I am the first to accept that. I totally agree with that.

I am sure Deputy Flanagan is aware that I have been left with no option. When I was given the responsibility for this matter I contacted the European Commission to see whether we could renegotiate or if there was any wriggle room. I was told there was not. I got advice from the Attorney General's office. I was told there was no place to go. As Deputy Flanagan is aware, we had given the commitment 20 years ago. The European Commission wants us to enforce the law.

There was a reference to the matter in a newspaper article today. Commissioner Potocnik was clear at the Petitions Committee last Tuesday - we can all read the transcript of it - that the Commission will move against this country and issue an injunction against us. This could be the first time ever for the European Court to do it, if we do not implement the law. It is very serious.

All I can do for people at this time is to ensure they are compensated properly and that we provide relocation options so they can continue to cut turf. If either of those two solutions do not suit, we will deliver 10 tonne of turf to their house. I assure Deputy Flanagan that I will do everything possible to help those people, including cousins of mine who are cutting turf on the one bog in Kerry that was designated.

Deputy Flanagan was quoted in a newspaper as saying that 75% of people who cut turf on bogs with which he is familiar are willing to relocate and that it is only in a small number of cases that problems arise. I would like to engage with the Deputy as much as possible to try to resolve the matter in whatever way we can. I mean that sincerely.

As Deputy Flanagan is aware, I have met with turfcutters and contractors and I am available to meet them anytime. I went to Galway and Roscommon by helicopter last March. I am available to help out in every way possible but, unfortunately, as a country we are left with no room for movement. Everyone realises that at this stage. We could be severely embarrassed and punished as well if we do not comply with EU legislation that we have transposed into Irish law in this House.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context

I thank the Minister. I will be in serious trouble if I do not apply the rules. There are only six minutes per question. Unfortunately, they are the rules.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
Link to this: Individually | In context

It is Thursday evening. You should give us some latitude, a Cheann Comhairle.