Brian Stanley (Laois-Offaly, Sinn Fein)
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7. To ask the Minister for Arts, Heritage and the Gaeltacht if he will outline in detail the bogs where turf cutting has traditionally taken place will be preserved this year as National Habitat Areas; if he will outline the engagement that has taken place with turf cutters from these bogs, what flexibility his Department has regarding the NHAs; and if he will make a statement on the matter. [26105/13]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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A total of 75 raised bogs have been formally designated as natural heritage areas - NHAs - under the Wildlife Acts. The Wildlife Acts provide protection to NHAs through a requirement for certain activities to require ministerial consent before being undertaken. As with the case of special areas of conservation, a ten-year derogation was applied to allow domestic turf cutting to continue on NHAs. In May 2010, the previous Government decided that turf cutting should come to an end on all raised bog NHAs at the end of 2013.

However, the current Government undertook to review the situation. This review is now under way. To assist in this task, my Department has engaged a team of scientific specialists to underpin the review, which I hope will be completed in the autumn. NHAs are not subject to the same legal regime under the habitats directive that apply to raised bog special areas of conservation, SAC. However, the approach to peat extraction on NHA raised bogs has been raised by the European Commission in the same reasoned opinion that was addressed to Ireland on turf cutting on raised bog special areas of conservation, SAC. The issue relating to NHAs concerns adherence to the requirements of the environmental impact assessment, EIA, directive.

It should be noted that the NHA raised bogs were formally designated as part of a resolution to a case where Ireland was found against in the European Court of Justice in regard to inadequate application of the EIA directive regarding peat extraction. This judgment was made against Ireland in 1999. Therefore, while the Government has more options in regard to the management of NHA raised bogs we need to work closely with the European Commission to ensure we meet our legal obligations. The review will provide clarity for turf cutters and landowners in advance of the 2014 turf cutting season and my Department will contact individual landowners and turf cutters on the outcome of the review. Issues in relation to NHA raised bogs have also been discussed with stakeholders represented at the Peatlands Council as part of its remit.

Sandra McLellan (Cork East, Sinn Fein)
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I thank the Minister. Is he aware that there are lots of difficulties with 53 special areas of conservation bogs and that there is also concern with bogs in the natural heritage areas? Could the Minister inform the House how many bogs are designated under Irish law and how flexible is the law? In how many natural heritage areas is turf cutting taking place? What meetings have been held with turf cutters? What meetings have been held between turf cutters and the National Parks and Wildlife Service? Is there a possibility of lifting the designation on some or part of the bogs in the natural heritage areas?

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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Under Irish law there are 75 designated bogs that are referred to as natural heritage areas, NHAs. Under EU law, there are 53 special areas of conservation, SAC, and that law has been transposed into Irish law. We have more flexibility on the NHAs. The previous Government decided in a Cabinet decision in May 2010 that turf cutting would cease in all 53 SAC bogs and all 75 NHA bogs. Turf cutting can take place this year but the Government was given until 2014 to cease cutting turf on NHA bogs. We gave a commitment in the programme for Government that we would review the decision on NHA bogs because we have more flexibility on the issue at national level.

Consequently, the Department has taken on consultants to do this job. At present, they are examining the various bogs and are considering alternatives on a scientific basis, within the context of the habitats directive, as whatever proposals will be made to the Commission must be within that framework. Those involved are engaged in consultations, obviously working with the Peatlands Council, but in general as well. An entire process is under way with the consultants and the National Parks and Wildlife Service. This consultation will be extremely important in the effort to get solutions for this issue which, as all Members are aware, is highly sensitive.