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

Well, that is exactly how it happened. How the TCCA was influenced or who convinced it to do that, I do not know. Who drew up the plan is a totally different issue. What I agreed to in the Dáil is what I am implementing. I said we would take on consultants to draw up a national plan for the 53 bogs and that is what we are doing. The plan presented by the TCCA allowed for turf cutting but the Commission would not allow any cutting to take place under the habitats directive. I am glad to have been given the opportunity to clarify that this afternoon because we are doing exactly what the Dáil asked us to do. What we agreed in the other House was abandoned by the TCCA almost immediately. Its members are not even co-operating with the plan that they asked for in that they are not co-operating with the consultants. I would appeal to them to co-operate with the consultants. This is a real chance for everybody. TCCA members know that I am willing to speak to any of them individually or as a group. My door is always open.

Senators Comiskey, Paul Coghlan and Mullins made various points. The former referred to the fact that we have a very poor record in Europe on implementation of the habitats directive. We are catching up, definitely, but we have to demonstrate more action at this stage because in the past we had a very bad record, perhaps because the directive was not discussed widely, people did not understand its full implications and there was not enough scrutiny. This Government has addressed a large number of environmental issues in the past two and a half years. A number of issues over which the EU was taking cases against us have been addressed.

Senator Higgins raised issues relating to compensation, the size of plot holdings and so forth. At this point in time we are considering the position of large land holders and how that question might be addressed. Under the compensation scheme, turf can be delivered to family members who have been cutting from the same bog plot. If we can confirm that a number of family members were cutting from the same bog plot, then they will all get deliveries of turf.

There is a difficulty when large families are claiming turf from the same bog plot, as it costs a great deal. We have spent €6 million already on the scheme, which is putting a great deal of pressure on the Department's limited budget.

We are addressing the other issues raised by Senator Higgins. Let me assure Members that we consulted the Office of the Attorney General when we set up the compensation scheme and have taken advice on all these issues from the Attorney General. The Attorney General has a very keen interest in this issue. She has contact in Europe and had expressed her deep concerns to me on a number of occasions. In June 2011, she was concerned that the EU would hit us with major fines. Following the formal notice, we got the reasoned opinion because the EU had evidence from digital photography that large tracts of designated bog continued to be cut. The EU did not believe we were serious about implementing the directive. Following the receipt of the reasoned opinion in 2011, TCCA together with all the people around the table at the Peatlands Council signed up that there would be no further turf cutting. The Turf Cutters and Contractors Association, TCCA, then withdrew from the Peatlands Council and reneged on that commitment within a couple of months.

The advice of the Attorney General is not published. Before I can put an initiative in place, I must consult the Office of the Attorney General and rely on the advice I receive. I have received very good advice and rely on the advice of the Attorney General.