Jimmy Deenihan (Kerry North-West Limerick, Fine Gael) | Oireachtas source

I welcome this opportunity to address Seanad Éireann on the issue of turf cutting. Many Senators have a deep interest in and concern for this issue, as I do, and I look forward to hearing their perspectives.

The issue of the management of Ireland's bogs is a very complex one. It concerns the management of raised bogs and blanket bogs, areas protected under EU and national law, non-designated areas and the future of cut-away bogs. In terms of the most difficult issue we face at the moment - the management of our raised bog special areas of conservation - it is necessary to outline the background to the position in which we now find ourselves. In 1992, Ireland and all members of the then European Community negotiated and agreed the habitats directive, which set out a way for member states to act together to tackle the continuing loss of Europe's endangered habitats and species. The cornerstone of this effort is the requirement for member states to designate and protect areas of scientific and environmental importance, the special areas of conservation - SACs. Ireland has 429 SACs, including forests, rivers and lakes, uplands, estuaries, marine areas and bogs. Ireland initially proposed 31 sites for designation for the protection of raised bog habitat. The choice of sites for selection as SACs arose from an extensive survey of habitats and the application of the scientific criteria specified in annex III of the directive. The criteria used included the degree of representivity of the natural habitat type on the site; the area of the site covered by the natural habitat type in relation to the total area covered by that natural habitat type within the national territory; the degree of conservation of the structure and function of the natural habitat type concerned, and the restoration possibilities; and the global assessment of the value of the site for conservation of the natural habitat type concerned. The scientific rationale behind the nomination for designation of each individual site is contained in the Natura 2000 standard data form, which can be viewed on my Department's website, npws.ie. These forms also list the scientific assessments and reports that informed the selection of each site.

Following the initial proposals for designation as put forward by EU member states, the European Commission convened a series of regional biogeographic seminars to assess each member state's approach to site selection. The process was put in place to ensure that member states with comparable ecology took equivalent measures in terms of including endangered habitats and species within SACs. The biogeographic seminar for the Atlantic region, which includes this country, reported in 2002, and concluded that Ireland had proposed an insufficient proportion of its raised bog habitat to be included within the SAC network. To meet its obligations under the directive, Ireland was required to increase its number of sites proposed for designation and, in consequence, 22 raised bogs were added. We now have 53 raised bog SACs nominated between 1997 and 2002. At the time, notices were placed in local media and almost 5,000 individuals were notified directly and given an opportunity to appeal. More than 600 people availed of that opportunity.

Turf extraction from designated raised bogs is damaging to the SACs and incompatible with their conservation or with Ireland's legal obligations. While commercial cutting was brought to an end, the then Minister granted the so-called "derogation", allowing the continuation of domestic turf-cutting for ten years. However, this domestic cutting carried out by contractors with modern machinery was very damaging. Since 1995 we have seen a 38% decrease in the area of active raised bog on these SACs. On my first day as Minister, I was presented with a file on this issue. It included a letter sent in January 2011 from the European Commission to the then Minister for Foreign Affairs, Deputy Micheal Martin, warning that Ireland faced infringement action before the European Court of Justice for failure to protect our SAC bogs. This could have resulted in a lump sum fine of up to €9 million, and daily fines of up to €25,000. This warning came after years of inaction in protecting our bogs. By 2011, the European Commission had run out of patience and Ireland had run out of time. The risk of fines is a serious matter. Only last December, a fine of €2 million with a daily penalty of €12,000 was applied to Ireland on a different environmental issue -septic tanks - another problem this Government inherited from the previous administration. When I entered office it was clear to me that the country had no strategic approach in place to address this issue. Since becoming Minister, my priority has been to ensure that we fulfil the legal commitments that we, as a country, made more than 20 years ago.

Although failure to protect our SAC raised bogs risks financial and reputational damage, more fundamentally we risk losing a unique and valuable part of our natural heritage. We all have an interest in protecting what is a relatively modest proportion of the raised bogs from destruction. However, this Government also knew the undeniable imposition the cessation of cutting would have for turf-cutters, some of whom have been sourcing fuel to heat their homes from these bogs for generations. We have therefore also worked to put in place compensation and relocation options for affected turf-cutters. On entering office, the Government introduced a new compensation scheme which, to date, has paid in the region of €6 million to affected turf-cutters. This scheme involves a tax free payment of €1,500 each year for 15 years and a one-off sign-up payment of €500, totalling €23,000. Turf-cutters can also opt for relocation, where we will seek to provide them with long-term access to a non-protected bog where they can continue to cut turf. While this bog is being sought they can access the €1,500 of compensation or have 15 tonnes of turf per annum delivered to their home. The majority of affected turf-cutters have joined this compensation scheme, with almost 2,800 applications received by my Department. Under this scheme, turf-cutters are not selling their bogs to the State. They will retain their property rights in the bog and I hope the will become long-term partners in the management and restoration of these valuable sites.

We also acted immediately to bring about the dialogue that had been lacking for so long. We established the Peatlands Council, bringing all parties together. My officials, the IFA, Bord na Móna, the Turf Cutters and Contractors Association, or TCCA, and representatives of rural and environmental groups all took their seats at the Peatlands Council under an independent chair. All parties, including the TCCA, signed an agreement in June 2011, confirming that cutting would end on these bogs. Unfortunately, this agreement was not kept by the TCCA and that organisation has chosen to absent itself from meetings of the council for the past two years. There is a place at the table for it should it choose to return.

The Government also decided that a national peatlands strategy should be drawn up for all of Ireland's peatlands, including areas chosen for conservation purposes. The strategy will set out broad principles for the wise use of our peatlands which is intended to inform sectoral policies and plans. The Peatlands Council has been working with my officials on this strategy and I hope to be in a position shortly to bring a draft to Government. In an effort to resolve outstanding issues, I organised a peatlands forum last year, presided over by Mr. Justice John Quirke.

He recommended that a national raised bog SAC restoration plan be drawn up. This was accepted by the Government and accorded with the motion subsequently agreed unanimously by Dáil Éireann on 8 March 2012. The motion called for my Department 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.

Following that I immediately secured the agreement of Environment Commissioner, Mr. Potocnik, to the development of a national raised bog SAC management plan. The plan will set out the approach to the future restoration and management of each of the SACs, and may unlock some flexibility, within the terms of the habitats directive, to address the most difficult of sites, where relocation alternatives may be limited. My Department has engaged a team of specialists who are undertaking the necessary scientific work to underpin the plan.

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 in progressing the delivery of relocation solutions. Arrangements for the relocation of turf cutters to non-designated bogs have been made for a group from Clara Bog in County Offaly and a group from Carrownagappul Bog and Curraghlehanagh Bog in County Galway. Progress has been made with a view to the relocation of seven qualifying turf cutters from Ballynafagh Bog special area of conservation in County Kildare to Timahoe North, County Kildare, which is in the ownership of Bord na Móna. Progress has also been made with a view to the relocation of a small group of three qualifying turf cutters from Ballynamona Bog and Corkip Lough special area of conservation in County Roscommon to Togher, County Roscommon, which is also in the ownership of Bord na Móna.

Of the remaining 49 raised bog special areas of conservation, 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.

It is a complex process that can take time. However, through close collaboration and strong leadership from local communities, my Department, Bord na Móna and turf-cutters have delivered the first of these relocation bogs where turf-cutters have just spent their first turf-cutting season on their new bog. Similar arrangements are advancing in other locations. Potential relocation sites have been identified for each of the SACs where relocation is likely to be required. However, assessing and progressing these solutions requires the engagement of turf-cutters. I hope the publication of the draft SAC raised bog management plan, which is envisaged for November, will provide a focus for turf-cutters and land-owners to engage with me and my Department in reaching a shared approach to the future of these sites.

In May 2010, the previous Cabinet decided that turf cutting should come to an end on all raised bog natural heritage areas at the end of 2013. However, as set out in the programme for Government, the current Government undertook to review the situation with regard to raised bog NHAs. This comprehensive review is currently under way and the future of turf cutting on such sites is being considered as part of that review. It is my intention that 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 these sites in due course.

I have always been clear that any damage to our SACs is against the law. A number of cases are before the courts and will take their course. I have consistently called on people to obey the law and to engage with me and with other stakeholders to seek solutions to any difficulties that may arise. Certain groups and individuals have decided to turn their face from discussion and engagement and appear to be intent on confrontation. This is regrettable. While I can only speculate as to their motivation to take such an approach, I know that these issues are most effectively addressed through dialogue. We are making steady progress within the Peatlands Council and with turf-cutting groups around the country. My door is open to any other group who wishes to work with me.

It is worth noting that 2013 saw unauthorised cutting on the SACs drop to just over half the levels of last year. A total of 250 plots were cut on 24 of the protected bogs this year compared to the 453 plots cut last year on the same number of bogs. The vast majority are working with me and I would ask the minority who are not to come on board. I avail of the opportunity to thank all those people who are compliant with the law. These people make a huge sacrifice. They have ceased to cut turf where they did so for generations because it is the law and we agreed with the European Unionnto implement this law. The directive has been transposed into Irish law.

Resolving this complex issue was never going to be either quick or easy but clearly the majority of domestic turf-cutters on the raised bog special areas of conservation are now engaging with my Department in finding acceptable solutions within the law. My role as Minister is to uphold Irish and European law, preserve these bogs for future generations and provide compensation and relocation to affected turf cutters. I have outlined the progress being made. The door is still open for others to engage in this process with me, my Department and other stakeholders. I appeal, once again, to everyone in the turf cutting community to avail of this opportunity. I look forward to hearing the contributions from Members.