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

To ask the Minister for Arts, Heritage and the Gaeltacht the reason that he did not propose or seek a phased transition period for the implementation with the EU Commission of the Turf Cutters and Contractors Association report in view of (details supplied); and if he will make a statement on the matter. [42240/12]

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

The motion relating to raised bog special areas of conservation, SAC, agreed unanimously by Dáil Éireann on 7 March this year, called on the Government to “engage actively with the European Commission to seek a resolution within the terms of the Habitats Directive, and to prepare and submit a National Raised Bog Restoration Plan to the Commission as a matter of urgency”. This is exactly what the Government did. In April, I secured agreement from Commissioner Potočnik to the drafting of a national raised bog SAC management plan, which could unlock the flexibility that is available within the terms of the habitats directive where relocation is not possible. A document outlining the approach to this plan is available on my Department’s website at www.npws.ie. The motion agreed by the Dáil did not call for a continuation of turf cutting to be allowed while such a plan was being drafted. The Government's position was absolutely clear on this point, as set out in my speech on the motion.

Three weeks later, and a week before I met Commissioner Potočnik, Deputy Luke 'Ming' Flanagan handed me a submission, which he also forwarded to the Commission, which sought a continuation of cutting on the majority of raised bog SAC sites over a number of years. Such proposals were clearly outside both the terms of the Dáil motion and of the habitats directive. The Turf Cutters and Contractors Association, TCCA, would have been aware from its own discussions here and in Brussels that such a continuation could not have been sanctioned by the Commission or by the Government.

In response to questions posed in the European Parliament in July, Commissioner Potočnik made the following reply: “The Commission can confirm that it received a submission from the Turf Cutters and Contractors Association in early 2012. Continued peat extraction on Ireland's 53 raised bog sites of community importance, while a national management plan is being prepared, would be contrary to the provisions of the applicable EU legislation.” The Commissioner went on to state: “The Commission did not give TCCA, or any other party, reason to believe that such continued extraction was possible. Moreover, the Commission does not believe that the Irish authorities have the legal discretion to agree to it either."

There is no need for people to break the law. The vast majority of turf cutters have refrained from cutting and are now engaging with my Department in pursuing alternative arrangements. The objectives of the Dáil motion are being achieved by the Government and turf cutters working together, within the law. However, the TCCA has suspended engagement with the Government and the Peatlands Council. This is regrettable as it would be easier and quicker to realise the objectives of the Dáil motion, through finding solutions for each site and finalising the national plan, with all parties at the table. The TCCA might find that such an approach would better serve its members’ interests. I appeal to the TCCA to return to the table to continue the discussion.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

There is a problem with the Minister's response on a number of counts, not least the fact that most turf cutters have cut their plots over the past year and the Minister is well aware the problem is continuing because of the Government's inaction. The motion we passed unanimously in the Chamber took on board and incorporated the very detailed work carried out by the TCCA on developing alternative sites. Immediately after that motion was passed, members of the Peatlands Council contacted representatives of the TCCA and asked them to identify on a phased basis how those propositions could be developed over a three year period. Those representatives came up with the plan that could make it a reality in that time. The Minister went to Brussels without their knowledge, along with the Minister for the Environment, Community and Local Government, and did not bat for the objective discussed in this Dáil, the plan outlined by them. The turf cutters know from people who were at the meeting that the Minister did not put forward the proposition as discussed in the Dáil over three hours. It is all very well to quote the European Commission statement from July, but when the Minister was there in April he did not put forward the proposal mandated by this Chamber. All of the issues identified in March are still unresolved and will not be sorted out unless the Minister engages with those involved. He had the opportunity to implement the proposal but walked away from it.

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

It is simply not true the majority of turf cutters continue to break the law. We received 2,400 applications for compensation or relocation or for the supply of turf. To date, 1,461 payments have been made, 58 deliveries have been made and there is general compliance across the country. I thank many Deputies in this House for encouraging their neighbours to comply with the law. I recognise that and sincerely thank those who have complied with the law and prevent the levying of huge fines on the country.

I represented this Parliament exactly as was set out in the motion passed here. I do not have time to read out the motion but it was clear from Justice Quirke's remarks at the forum that we would go to Europe to look for permission to draw up a national plan for 53 raised bogs, with the possibility of cutting turf in a small number of these bogs where relocation was not possible. That is exactly what I did.

The first I heard of the plan the Deputy referred to was in Rindoon in Roscommon, when Deputy Ming Flanagan handed me a proposal that he subsequently e-mailed to the Commission and which the Commission refers to in its reply in the European Parliament. That is the process. I was never aware of that plan until it was handed to me. If anything, in the past 16 months I have been totally up front with the turf cutters, contractors and everyone concerned with the entire challenge for the country. I have met hundreds of people and will continue to meet people. It is not too late. I want to engage with the TCCA, as I did at the beginning, so my door is still open to the association and I would like it to engage.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

Do I have a supplementary question in response to that reply?

Peter Mathews (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

We have used up the time.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

Everyone else gets a supplementary question.

Peter Mathews (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy had a question in response to the Minister's response.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

I have the right to come back for a minute and the Minister then comes back for one minute.

Peter Mathews (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

No, for priority questions, the rules are different. That was not an oral question; it was a priority question. The rules are now changing for the oral questions.

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context | Oireachtas source

So I have fewer rights because it was a priority question?

Peter Mathews (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

No, there are four minutes in total available for the exchange of questions.

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

There are other questions relating to bogs coming up that will allow the Deputy the opportunity to ask further questions.