Alice-Mary Higgins (Independent) | Oireachtas source

The amendment deals with the fundamental flaw in the Bill and the reason the answer he gave to my previous question is inadequate. He referred to elements in a review. The amendment relates to the main element of the environmental criteria that will be considered in deciding whether to designate or de-designate a bog. The section relating to raised bogs states: "'environmental criteria' in so far as it relates to a raised bog, means the conservation value of the raised bog taking into account a comparison made between the area, range, habitat, structure, function and ecological features of that raised bog and those of one or more than one other raised bog". All that is required in terms of the environmental criteria is to compare a bog from which one is about to remove protection with any other bog. It may be an expression of delight for people who think this is wonderful and they will all be in a particular project, but it is actually very sad. One simply compares a bog with any other bog. That is why I asked that question of the Minister of State on the previous amendment and why I believe it will need to be addressed in the Dáil. It may be subject of complaint in Europe if special areas of conservation are effectively used to justify de-designation.

Will it be the same bog? Will each bog of the 36 mentioned by the Minister of State be compared to the same bog? There are 100 de-designated sites. There are already far more unprotected sites. Let us be clear that protected bogland is in the minority. There are 100 de-designated sites which are not protected, but there are 36 natural heritage areas of raised bog. There is a similar number of quite specific protected blanket bogs. The Minister of State will be deciding whether to remove protection from a particular natural heritage area bog based on a comparison with another bog. Will each of them be compared with the same bog? Will one bog be chosen as a gold standard and each bog in question be compared to it? Will the 36 bogs be compared to all the other 36? Will the bog with which comparison is made be one of the 36 natural heritage areas or will it be a special area of conservation bog? This is a very rough tool. I appeal to the Minister of State to consider accepting the amendment. It would probably do more to improve the Bill than any other thing one could do at this stage.

The Minister of State outlined that he wishes to look at a consideration. Rather than comparing each bog with another and deciding which will be destroyed because it is assumed that one of them is up for the chop, perhaps each bog could be considered with reference to the factors outlined, including area, range, habitat, structure, function and the ecological features of each bog. Those are not necessarily the factors I would have included. Does each bog deserve consideration on its terms, values and contribution to ecology, biodiversity, habitat and climate, rather than using a comparator mechanism in making the decision? Once one goes into comparators, the game is over. One may decide to de-designate 20 bogs and decide which 20 of the 36 one wishes to de-designate. It is a very rough tool. I appeal to the Minister of State to consider replacing "a comparison" with "a consideration". It would mean a lot and it would make clear that, at least, each individual act of de-designation was given proper consideration on its own terms and value.