Dáil debates

Thursday, 25 April 2013

Ceisteanna - Questions - Priority Questions

Special Areas of Conservation Designation

4:25 pm

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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5. To ask the Minister for Arts, Heritage and the Gaeltacht with regard to the cutting of turf on special area of conservation bogs, the number of SAC designated bogs that have now been resolved to the satisfaction of all stakeholders, including the turf cutters; and if he will make a statement on the matter. [19725/13]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Last April, I secured the agreement of the European Commission for the development of a national raised bog special area of conservation management plan, in keeping with the recommendations of Mr. Justice Quirke. My Department has now engaged a team of specialists who are undertaking the necessary scientific work to underpin the national plan and to inform the future restoration and management of each of the SACs. This work is being overseen by an independent steering group with input from the Peatlands Council. The detailed exploration of relocation sites is a key element in progressing the national plan.

In collaboration with the Peatlands Council and with the assistance of Bord na Móna, my Department is actively engaging with turf-cutting communities to consider how relocation can be progressed. The aim of my Department is to facilitate, as far as possible, those qualifying cutters who wish to continue to cut turf by putting in place relocation sites for as many cutters as possible in the shortest possible time. Given the complexities of the process it can take time to resolve all issues to finality even as new sites come on stream. The provision of financial payments or deliveries of turf is available to those awaiting relocation. My officials will continue to work with local groups on these issues within the principles of the relocation scheme.

Arrangements for the relocation of turf cutters to non-designated bogs have been made for groups from Clara bog in County Offaly and from Carrownagappul bog and Curraghlehanagh bog in County Galway. My Department also envisages that qualifying turf cutters from Ballynafagh bog will be able to commence cutting in the relocation site during this turf cutting season provided that final agreement is reached with relevant cutters.

Of the remaining 49 raised bog SACs, potential relocation sites have been identified for a further 32 bogs and work is ongoing on identifying and investigating sites. Relocation is unlikely to be required or is likely to be small scale for another 16 raised bog special areas of conservation.

I am determined that, in collaboration with the Peatlands Council and local turf-cutting communities, substantial progress will be made on the plan over the coming months.

Additional information not given on the floor of the House

My Department has stepped up contact with turf-cutting groups to seek long-term solutions to the issues for their particular bogs, in compliance with EU and national law. I hope the plan can be completed by November, in time to submit an application to the European Commission under Article 6(4) of the habitats directive, if required, prior to the 2014 cutting season.

However, the engagement and agreement of turf-cutting communities to its proposed approaches will be essential to meeting this timeline, and to unlocking the potential flexibility it offers. The clear majority of domestic turf-cutters on these sites are engaging with my Department. The door is still open for the Turf Cutters and Contractors Association to engage in this process with me and with other stakeholders to address the needs of turf-cutters and other interested parties.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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I thank the Minister for his reply. My question was to find out the number of SAC-designated bogs that have now been resolved to the satisfaction of stakeholders, including turf-cutters. The answer is zero. Seventeen years later, none of this has been resolved.

I refer to a press release on Deputy Paul Connaughton's website last February which stated, "Mountbellew bog relocation can be replicated". I suggest the Minister does not replicate what happened there because he will never get it resolved. He cannot expect people to move out of their land and to move to another area - to be good enough to do it - and then to be told that in 65 years time, which will eventually come, that they will have to leave that place and they will have no more rights. I said it here before and I will repeat it. If anyone came to a person in Dublin or in any other county and told them, "We meant to tell you a few years ago that you were going to have to move out of your house. We forgot and we never bothered to tell you. However, now you have to move out and you have no choice, otherwise you will be a criminal. By the way, you will be run out of the new house in 65 years time as well." That is not the way to solve this problem.

A plan and proposals were voted through this House. Everyone agreed with them. The Minister will say the Government went along with them but that has not happened. I am beginning to wonder whether it is the strategy to drive every single turf-cutter in this country through the courts and to sit them beside people who have robbed their neighbours' houses and others who have beaten up old people, and to drag them through that system. Is that the way the Minister plans to resolve it? It is a bit strange when my ten year old daughter knew that the Minister's neighbours in Kerry were being dragged through the courts before he did. How does the Minister plan to resolve this issue? His method is not working. There is one thing for sure; we will be vindicating our rights again this year. It is my understanding that turf has already been cut on one of these bogs that the Minister keeps trumpeting as a success.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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This is a legal matter governed by European and Irish law. It is obvious Deputy Flanagan has no respect for that law; otherwise, he would not be promoting that people break that law. More has been achieved in the past two years than was achieved in the previous 17 years and to which the Deputy referred. We must do what the European Commission and the European Union has told us to do otherwise we face being fined. Ireland will also suffer reputational damage and face a fine of €25,000 a day, amounting to €9 million every year. We accepted this law and it was transposed into Irish law. Deputy Flanagan wants to break that law. It is not acceptable that he is encouraging people to break that law. It is now in the hands of the Garda Síochána and the Director of Public Prosecutions. It is out of our hands. People will be prosecuted. That is the way the law operates in this country. Deputy Flanagan wants more people to break that law so that they, in turn, will be prosecuted. This is a complicated process. Progress has been made on four bogs.

Last year, this House agreed a motion. I went to the Commission with that proposal and it was accepted. We have appointed RPS consultants at immense cost to the State. I appeal to everyone concerned. It is obvious that Deputy Flanagan has no intention of co-operating with these people and to give this process a chance. That is all I ask everyone to do.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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Deputy Flanagan has 20 seconds because we are over time on this question.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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I am not advising anyone to break the law. What I am advising people to do is to vindicate their rights. There is no need for me to encourage the Minister's neighbours to vindicate their rights. Regardless of whether I went down to support them because their local Deputies had abandoned them, bar Deputy Tom Fleming and Deputy Michael Healy-Rae, they are going to vindicate their rights in any case. I remember the Minister's slogan in that election, "The People's Champion". People's champions do not jail their own people for keeping their houses warm.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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I call the Minister for a very brief reply.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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I thought there was only 20 seconds of time left.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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Order, please.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Thanks to people like Deputy Feighan, Senator Kelly and others in Roscommon there has been a significant take-up of the compensation scheme in Roscommon.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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One man lives in Australia. How can he cut turf?

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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More than €1.1 million has been paid to date in the Deputy's constituency. A total of 759 people have co-operated with the scheme.

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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He has €1,500 to buy fuel in Canberra.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Minister and also Deputy Flanagan.