Lorraine Higgins (Labour) | Oireachtas source

I thank the Minister for attending this debate on turf cutting issues. Does he have concerns about the legality of the turf cutting compensation scheme set up to address the bogs located in special areas of conservation, SACs? People are prohibited from cutting turf on them by virtue of the EU directive. The scheme devised by the Department offers a lump sum payment of €1,500 per year over 15 years, but it does not take into account the number of acres over which a turf cutter has rights or the fact that more than one family might draw from the same plot. It is an arbitrary decision. Regardless of whether someone has one or 20 acres of bog, the Department awards the same amount of money. This is unfair and unreasonable and may well be in breach of numerous legal codes, particularly the Constitution. The State should not interfere with bog owners' property rights without putting in place an adequate compensation scheme. The current scheme is inadequate. There should be a rising scale according to acreage ownership.

I must put a question to the Minister. Having examined the scheme, does he view it as being fair and reasonable? Can it be argued to be unconstitutional and, as such, open to a successful legal challenge? What legal advice did the Minister receive before finalising the scheme and will he publish that advice in order that there can be full accountability for the decision made by him and his Department?