Brian Stanley (Laois-Offaly, Sinn Fein)
Link to this: Individually | In context

Question 10: To ask the Minister for Arts; Heritage and the Gaeltacht the procedure for lifting the designation of Knockacollier bog as a special area of conservation; if he will consider pursuing this action in view of the fact that there is a neighbouring bog, Coolrain bog, already designated as an SAC; and if he will make a statement on the matter. [36572/11]

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

Any decision to declassify a special area of conservation is one for the European Commission in accordance with Article 9 of the habitats directive. Furthermore, the article provides that the Commission may only consider the declassification of a special area of conservation where it is warranted by natural developments. As this does not arise in regard to the bog referred to in the Deputy's question, it is difficult to see how a case for declassification of the site could be made.

Regulation 14 of the European Communities (Birds and Habitats) Regulations 2011 transposes Article 9 of the habitats directive into Irish law by providing for the de-designation of special areas of conservation where the agreement of the European Commission has been obtained. However, as I stated, the decision to declassify is, in the first instance, is one for the Commission.

Brian Stanley (Laois-Offaly, Sinn Fein)
Link to this: Individually | In context

If the Minister had been going home before the new motorway was built, he would have passed by Pike of Rushall between Mountrath and Borris-in-Ossory. On each side there is a small bog, namely, Knockacollier bog, the larger of the two, and Coolrain bog, the smaller of the two. The problem is that they have been designated as special areas of conservation. Locals would be happy if the designation was lifted on either bog, even the smaller one, such that Coolrain bog would stay operational. The Minister stated he could lift the designation only if it were warranted by natural developments. The problem in south County Laois is that there are no options for relocation.

The three methods the Minister has set out to deal with this issue are compensation, relocation and redesignation. Compensation is a non-runner for turf cutters. Relocation is also a non-runner, not because people want to be inflexible but because there is no suitable alternative bog within a radius of 20 km or 25 km.

Designation has never been explained properly. When were the people from the European Commission over on Knockacollier bog, or, as it is known locally, Butterisland bog? Have they done tests on it, examined and re-examined it? What straitjacket are we in? Neither I nor the turf cutters have a problem working with the Department in seeking redesignation. We can find other bogs that could be designated as special areas of conservation. The problem is that in the small area in question both bogs have been designated. People would be happy to use the smaller one only.

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

I can perfectly understand where the Deputy is coming from. When the bogs were first designated, the designation was based on science, not economics or social implications. I am sure that if the designator of the bog had realised the turf cutters would not be able to cut turf on it and would have to travel for miles if the adjacent bog was also designated, he or she would have considered the matter further. I said this to the Commissioner when I met him and was very forceful in stating adequate consultation had not taken place at the time in question and that the people affected had not been sufficiently involved. The result is the problem I am faced with today. The practicalities in closing a bog without providing a real alternative to cut turf within an acceptable distance from the house of the people affected were not taken into consideration.

I also raised the issue of redesignation when I met the Commissioner and it was just ruled out of order. We signed up to the habitats directive 20 years ago. We gave commitments to the European Commission that we would close all the bogs in question. The discussion taking place should have taken place 20 years ago, at which time the Deputy was not in the House to raise the issue. There is no doubt that people took their eye off the ball and did not realise the full implications of the directive for those using the bogs. We are now threatened with injunctions. I am convinced that there will be an injunction, judging from what we have all read following the petitions event last Tuesday. The matter is serious.

My officials have visited bogs around the country. Any time I am driving home from the Oireachtas, I would not mind meeting the people affected by the designation with the Deputy and other colleagues to see at first hand the circumstances on the ground, if my doing so would be of any use to them.

Brian Stanley (Laois-Offaly, Sinn Fein)
Link to this: Individually | In context

I thank the Minister. We are anxious to solve the problem.