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

8. To ask the Minister for Arts, Heritage and the Gaeltacht the new bogs that are to be closed to turf cutting on foot of the publication of the review of raised bog natural heritage areas; and if he will make a statement on the matter. [24412/14]

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

14. To ask the Minister for Arts, Heritage and the Gaeltacht the extent to which agreement has been reached with traditional turf cutters throughout the country who have been discommoded by special area conversation orders and national heritage areas; if he is satisfied that all options have been vigorously pursued in the context of resolution; and if he will make a statement on the matter. [24462/14]

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

22. To ask the Minister for Arts, Heritage and the Gaeltacht the number of alternative bogs that have been sourced for turf cutters forced to relocate; the number of turf cutters that have been accommodated; the number that are yet to be accommodated with a relocation option; and if he will make a statement on the matter. [24413/14]

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

Eight hundred and six people have applied to the Department to be relocated on foot of the ban on turf cutting on SAC-designated bogs. They were designated 17 years ago, but to date a maximum of one eighth of those people can be accommodated by the actions that are being taken by the Department. Can I ask the Minister how long one must wait until people have realistic alternatives provided to them?

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

I propose to take Questions Nos. 8, 14 and 22 together.

The Review of Raised Bog Natural Heritage Area Network, published by my Department, provides details on future arrangements regarding turf cutting on each of the 75 raised bog natural heritage areas, NHAs. The review has concluded that Ireland could more effectively achieve conservation of threatened raised bog habitat through focused protection and restoration of a reconfigured NHA network. This will entail the phasing out of turf cutting on certain NHAs by 1 January 2017 and the partial or complete de-designation of certain NHAs.

To compensate for the loss of habitat within sites where it is proposed that turf cutting can continue, 25 undesignated raised bogs, which are currently in public ownership or where there is reduced turf cutting pressure, will be designated as NHAs. These sites will be proposed for designation later this year, when all the necessary preparatory work which is under way at present is complete.

Any turf cutter required to cease turf cutting on an NHA is being offered compensatory measures similar to those available to turf cutters from raised bog special areas of conservation, SACs. Such compensation will be available to qualifying persons with effect from 2014.

A total of 2,959 applications for compensation under the cessation of turf cutting compensation scheme, introduced for raised bog SACs, have been received and acknowledged by my Department. Of these, 820 applicants have expressed an interest in relocation to non-designated bogs. Almost 4,600 individual payments have been made since the commencement of the scheme and more than 1,100 persons have signed legal agreements with my Department. Some €8.36 million has been spent to date on direct payments to turf cutters and on deliveries of turf.

In addition, my Department has issued in the region of 250 compensation forms in relation to NHA sites, and 50 completed forms have been received. My Department has also received 129 permit applications in relation to category 1 NHA sites, resulting in 90 permits being issued to cut turf until the end of 2016. Five permits to cut turf have also been issued to contractors.

Progress in relocating turf cutters is being achieved and is most advanced in those sites where turf cutters and their representatives have engaged with my Department in finding local solutions. In some sites, it has been difficult to progress arrangements, as representative groups have not engaged sufficiently to establish the requirement and preference for relocation amongst local turf cutters. Details of investigations to find potential relocation bogs are available on a site-by-site level in the draft national raised bog and SAC management plan, which can be viewed on my Department's website.

Examples of progress in this area include the following: Clara bog SAC, County Offaly, where a group of 25 cutters were relocated; Carrownagappul and Curraghlehanagh bog SACs, County Galway, where a group of 23 cutters were relocated; Ballynafagh bog, County Kildare, where a relocation site was identified for a group of nine cutters; Moyclare bog SAC, County Offaly, where a group is to be accommodated on a relocation site from the 2015 season; Monivea bog SAC, County Galway, where three sites have been identified for possible relocation; and Mouds bog SAC, County Kildare, where a potential relocation site was identified for a group of at least 19 cutters. Sites assessed as suitable for relocation include Ardgraigue bog SAC, County Galway, Moanveanlagh bog SAC, County Kerry, and Redwood bog SAC, County Tipperary.

I am advised that, of the remaining 43 raised bog SACs, potential relocation sites have been identified for 28, and work is ongoing on investigating site suitability. Relocation is unlikely to be required, or is likely to be small-scale, for the remaining 15 raised bog SACs due, for example, to the small numbers cutting on these sites during the relevant five-year qualification period.

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

I thank the Minister for his response. The reality is that in the vast majority of cases, potential relocation sites have not been found. While the Minister talked at length about the issue of compensation, as he will know, for the vast majority of genuine turf cutters the issue of compensation does not arise because all they want is to be able to continue to cut turf.

On 28 January I asked the Minister when we would have the list of the further 25 NHA-designated sites. He told me on that occasion that public notices would issue shortly. It is now June and they have not issued. He has said it will be some time before the end of the year. When will people know what additional sites are to be designated?

Second, in the light of the review carried out and the report published at the beginning of the year which clearly showed that some of the designations as NHAs were flawed and in the light of the fact that the Department has allowed 117 individuals to cut turf in Tullaher Lough SAC in County Clare, will the Minister now agree that we must review the complete ban on turf cutting in SACs and go back to the drawing board?

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

I am sure the Deputy will accept that major progress has been made on this issue in the past three years. Ireland signed up to the habitats directive in 1992 and it was transposed into Irish law in 1997. A total of 53 SAC bogs were accepted by the Government and they were designated by 2004. After this, there was a type of moratorium in protecting these bogs and on my appointment as Minister I was faced with a legal case in Europe. The next step would have been taken in the European Court of Justice. There was no other option available and there could be no more procrastination, delaying or bluffing as the European Commission had run out of patience.

We have made extraordinary progress in the past three years. I thank the people who are compliant with the law, despite being pressurised in many cases not to be so. They have accepted compensation. Relocation is proving to be challenging, but where there is co-operation, it is happening. I visited Clara bog and went to the relocation bog at Ballyhenry. Also, I compliment the leadership of former Deputy Paul Connaughton. Carrownagappul bog and Curraghlehanagh bog SACs have worked very well. A group of 23 turf cutters have been relocated and they are very happy with the bog to which they have been relocated. Despite the problems, this is working and we are making progress.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Will the Minister indicate the attempt, if any, which was made to relocate from the SACs or the NHAs where particularly contentious issues arose with local traditional turf cutters, as opposed to turf cutters who may have been compensated and who may not have been practising turf cutting for several years? With regard to the Mouds and Ballynafagh bogs, to what extent have all traditional turf cutters been accommodated and are they satisfied with the outcome in both cases?

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

The Deputy is aware that three scientific reports have been issued for consultation. We have received a very encouraging response, with over 1,000 people responding. There are the reviews of NHAs and SACs. Having gathered the responses and with the co-operation of the Turf Cutters and Contractors Association, TCCA, - I am glad that there was a recent meeting between the TCCA and my departmental officials - if there is total agreement, we can return to the European Union with a proposal that would include the changes to the NHAs. Although the NHAs are governed by Irish law, they are part of the overall package because some of them will be compensating for the loss of active raised bogs in the SACs for the past ten years. We can return to the European Union with a new package if this consultation takes place and there is agreement. This is still open for movement. There is still an opportunity for the Government, on behalf of the turf cutters, to go back to the European Union with proposals that are reasonable and obviously will be minimalistic in a sense. We are working on them, having received a large number of submissions in response to the three documents, particularly to two of them, that we issued for public discussion.

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

On 29 January the Minister told me that the public notice would be issued shortly. We have gone through another turf cutting season and that has not happened. People do not know what additional bogs are to be designated. I agree with the Minister that this issue is not of his making. Members of this House sat on their hands for 15 years prior to the Minister taking office. However, not being up-front and transparent with people is undermining any credibility that there is. Also, is it not the case that staff have abandoned their role in the relocation process because of the lack of support and resources within the Department to ensure they can source alternative bogs? If we are to build confidence between communities, this must be a priority and the resources of the Department must be put in place, 17 years on, to try to facilitate relocation.

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

I confirm for the Deputy that people will receive notices shortly. I agree with him that they must know well before the next turf cutting season the 25 bogs that will be designated. There will be a public notice and there is a procedure to be gone through. There is also an appeals system. The notices will be issued. On that occasion I believe I confirmed that it would be towards the end of this year that the notices would be issued and that people would be informed. They will be informed. That was always to be the case. We are going through a major process and I pointed out that it would not happen before the summer. I simply could not give that commitment. However, it will happen in the autumn. People will be well informed and receive notice before the next turf cutting season. I accept the Deputy's point in that regard.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To what extent has the Minister finalised agreement in respect of the Mouds and Ballynafagh turf cutters? Have all of the traditional turf cutters there had an agreement concluded to their satisfaction? If not, why not? Also, with regard to the proposal to return to Brussels with a revised option, when is that likely to happen?

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

My officials have been working with the people on Ballynafagh and Mouds bogs and progress is being made. As regards referring back to Brussels, it would be futile unless there was agreement between the TCCA and everybody concerned. I am glad that a meeting took place recently between the TCCA and my officials. This matter can be resolved. It is difficult, as everybody knows, but we have made considerable progress. Where there is a genuine will and people are sincere that they wish to settle this matter which has been ongoing for too long, we can reach a solution. Good examples of how a solution has been achieved are working on the ground in the instances I mentioned. I hope that following the consultation we are undertaking and the responses we have received and with the TCCA and other interested groups, including the Irish Farmers Association, IFA, we can put together a package and refer back to Brussels under Article 6.4 of the habitats directive and make the case that there should be some accommodation for turf cutters in a very small number of cases where no relocation is possible. I have committed to doing this.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

This year.

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

It will depend on the level of co-operation, for which I do not wish to set a deadline. If people co-operate, are sincere about it and do not change their minds, it will be done.

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

I acknowledge the Minister's last comment and the significant movement it suggests. The Minister has told the House that he is prepared to revert in cases where an alternative is not available and make the case that in limited circumstances people would be allowed to cut turf. Is it not the case that we have ended up in the mess we are in because the Department's focus for the last 17 years has been on compensation and it was not focused on facilitating alternative bogs or allowing consent for turf cutting in the hard cases where alternatives were not available? Does the Minister acknowledge that and recognise that the lack of direction at senior ministerial level over those years has led to the debacle today?

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

I agree with Deputy Naughten that if there had been political will in 2002 to 2004, the matter would be resolved by now. As with so many other European issues, the matter was landed on the current Government's table. In this case, I was given the responsibility for resolving it. As the Deputy knows, I have worked very openly with people on this and made a great deal of progress. There is more progress to put into effect. Certainly, we are moving in the right direction and people are willing to co-operate as evidenced by the numbers who have accepted compensation.

We have an opportunity in response to the number of people who have made submissions to put a package together in full consultation with the cutters and contractors and to revert to Brussels with a realistic proposal which has a chance of succeeding.