Michael Mullins (Fine Gael)
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I welcome the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan and invite him to address the Seanad.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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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.

Michael Mullins (Fine Gael)
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I thank the Minister. As the first spokesperson is not present I call Senator Sean D. Barrett.

Sean Barrett (Independent)
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I welcome the Minister whose visits I always enjoy. I hope his message is well received. He is a very reasonable man. He has made the offers to recloate and has mentioned the bogs where relocation is possible and the 15 tonnes of turf to be delivered. That is a reasonable offer which should be accepted and negotiations should take place. I welcome all he has done in that regard.

Part of the trouble is that Europeans esteem our bogs more than we did traditionally. I recall reading a Dutch book which expressed bewilderment at how lowly many people in Ireland regarded bogs as they see them as a precious landscape. They regret having drained out so many of the polders in the Netherlands. They esteem this highly. We are part of the European Union and we must accept there will be people there who esteem those landscapes, the environment, the natural habitats and so on, somewhat more than we used to. There was a section in that Dutch book which said that the Irish thought so little of bogs that to call a person a bogman was meant as an insult. It was not meant as a compliment that he was a great environmentalist.

I recall some TV coverage where David Bellamy was in a bog in the midlands where he eulogised his surroundings. It certainly opened my eyes to it. This is a wonderful piece of environment, a wonderful habitat and the European Union, in the interests of the community of a whole, has asked us not to destroy them. In a sense one can see that. In a cutaway bog we have tried to see what we could do with it. It is a sort of a lunar landscape and productivity falls very rapidly on it and we are trying to transfer it to a heavily subsidised agricultural sector. Perhaps we should follow the Dutch in realising there is an important function of bogs and that draining them out for burning purposes, as we had been doing, is not the best use of that wonderful part of our landscape.

Peat was an emergency fuel during the Emergency and people such as the late Todd Andrews derived much kudos from the use of it. It is not an industry that has a long term future. All extraction industries come to an end. The Minister and his advisers will have the figures but it takes tens of thousands of years before a bog will reform. As it is a highly uncompetitive fuel, some of the economics of it may be questionable. The public service obligation payment to the ESB to burn turf in the period 2001 to 2002 is €92.1 million, therefore it adds to the bills of everybody who purchases electricity. It is a form almost of open-cast mining. The solution the Minister has proposed is that with the co-operation and involvement of Bord na Móna, a well-regarded company, people talk to Bord na Móna and move to those bogs and continue to ply their trade. I welcome the fact that Bord na Móna has diversified away from turf and has developed many other businesses,which is to its credit, because it recognises the Irish peat bog is a diminishing resource.

I hope those who are still holding out would talk to the Minister. They may find with their local knowledge they could move to the Bord na Móna bogs. It is a contradiction that the Minister, Deputy Deenihan is asking people not to cut turf whereas the Minister for Communications, Energy and Natural Resource is subsidising the ESB to the tune of €92.1 million to harvest turf to turn into electricity at high costs. That is an issue for another day.

In environmental terms, the bogs are very important to the European Union and are very highly regarded on the European mainland. That is the reason their politicians have been such strong supporters of the policy being pursued by the Minister for Arts, Heritage and the Gaeltacht. We on this side of the House recognise the wider importance of bogs and can see alternative development with the input of the Minister for Transport, Tourism and Sport, Deputy Varadkar, the Minister of State, Deputy Ring, and the tourism bodies.

The use of turf from these bogs as a fuel is a high cost option and the Minister, Deputy Deenihan, is offering the turf cutters other alternatives. As he said, he is delivering free fuel and offering compensation as well as giving them the option to cut turf on Bord na Móna bogs for the remainder of their working careers. Europe has asked us to stop extracting turf from certain bogs. I can see the reason that it does so, because in countries where they did not stop the extraction of peat, they regret the loss of that habitat.

Eamonn Coghlan (Independent)
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I welcome the Minister to the House. Having been appointed as Fine Gael spokesperson on arts and heritage I am delighted to have the opportunity to speak today.

The debate on turf cutting has been ongoing for the past 21 years and there has been a significant level of debate in recent years. As party spokesperson I have identified the chronology of events. The closest I got to bogs was running around the Bog of Allen when I was doing cross-country races as a young man.

Some 21 years ago the members of the EU signed the habitats directive, whereby areas identified to be of scientific and environmental importance were designated as special areas of conservation, SACs. Five years later, Ireland proposed 31 sites of raised bogs for designation as SACs. The choice of the sites for selection as SACs arose from an extensive survey of habitats and the application of the scientific criteria specified in Annexe 3 to the directive. The then Government announced a ten-year derogation from the implementation of the SAC designations. However, over this time, very little was done to prepare for the ending of turf cutting in these bogs. In the ten years following the signing of the habitats directive, the biogeographic seminar for the Atlantic region reported that Ireland had proposed an insufficient proportion of its raised bog habitat to be included within the SAC network. To meet its obligation under the directive, Ireland was required to increase the number of sites proposed for designation. The total number of raised bogs designated as SACs increased to 53. This is only 2% of the peatlands from which peat can be extracted. Notices were placed in local media and almost 5,000 individuals were notified directly about the designation of raised bogs as special areas of conservation and given an opportunity to appeal that designation.

In May 2010, the then Cabinet formally agreed that turf cutting would come to an end on these bogs and also on 75 national heritage areas. In spite of this, turf cutting has continued. The following year in 2011, the European Commission had run out of patience and Ireland had run out of time. In January 2011, a letter was sent to the then Minister for Foreign Affairs, Deputy Micheál Martin, warning that Ireland faced action before the European Court of Justice for failure to protect these SAC bogs. This action could result in a lump sum fine of up to €9 million and daily fines of up to €25,000.

In March 2011, the current Minister for Arts, Heritage and the Gaeltacht, Deputy Deenihan, was presented with the complete file on this matter. From that point onwards, the Minister's priority has been to ensure that bogs protected by the law are preserved and at the same time working with those turf cutters who have been affected by these designations. Last year the Minister established the Peatlands Council, bringing all parties together, the IFA, Bord na Móna, the Turf Cutters and Contractors Association, TCCA, and representatives from rural and environmental groups. All have seats on the Peatlands Council. Parties, including the TCCA, had signed an agreement confirming that turf cutting would come to an end on these bogs. I understand this agreement has not been kept.

In September 2011, the TCCA walked away from the Peatlands Council and I understand there is still a place at the table should the representative chose to return. The Minister has also introduced a compensation scheme that offers financial compensation, the delivery of turf to homes and relocation to another bog. To date, the scheme has paid out approximately €6 million to affected turf cutters. In February of last year, the Minister asked Mr. Justice John Quirke to chair a peatlands forum, in which representatives from all the SACs were presented. This resulted in the Quirke report. In March 2012, the Dáil unanimously agreed a motion in the House calling on the Government, as already quoted, 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 bogs restoration plan to the Commission as a matter of urgency.

In early April 2012 the Minister did that and received an agreement from the European Commission to have this plan drawn up. A team of consultants was appointed the following year and this team is working on the review of Ireland's natural heritage areas bogs, committed to in the 2011 programme for Government. Today, in 2013 the situation is as follows: the majority of the affected turf cutters have joined the compensation scheme with almost 2,000 applications received by the Department; approximately €6 million has been paid out in compensation; and the majority of the turf cutters are therefore working with the Department of Arts, Heritage and the Gaeltacht in resolving this long-standing issue. A national plan as called for in the unanimous motion in the Dáil is being worked on right now as is the review of the national heritage areas that we agreed in the programme for Government. Unlike the previous Government, I am afraid there is a clear strategy in place for the protection of these bogs and to address the needs of turf cutters. That is the only way forward.

The special areas of conservation, SACs, were introduced more than 20 years ago. They are protected by national and European law and damage to these sites is against the law. The issue has attracted significant attention not just across Europe but around the world. These are unique sites from a heritage and environmental standpoint and Ireland is committed to preserving them. There is an onus on the country to implement the laws that we agreed to as a country. Resolving this was never going to be quick or easy. The Minister's approach is to uphold the law, preserve the bogs and provide compensation and relocation to the turf cutters who have been affected. The Minister has done this. Progress is being made. All parties should engage in the structures that have been put in place for dialogue. Co-operation is the best way forward.

This issue must be resolved in order that the sites still capable of natural regeneration can be repaired and where, with appropriate rehabilitation management, there is a reasonable expectation of re-establishing vegetation such as heathers, bog cotton species and so on, as well as peat-forming capability. The law must be applied but the affected turf cutters also must be dealt with fairly. If there are fines to be imposed from the European Union, the taxpayers cannot be expected to foot the bill yet again. Everyone must work this out within the law in order that the raised bog sites will be there for the future of generations to come.

Mark Daly (Fianna Fail)
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I welcome the Minister to the House and on behalf of my colleague, Senator O'Sullivan, intend to question him regarding the bogs around Listowel in his own constituency and to ask him to provide Members with an update in that regard. I have listened to colleagues opposite outlining the process of how this situation has been reached. They spoke of directives, derogations that were sought, national strategy plans and special areas of conservation, SACs, and an article I wrote struck me. It was on how 2% of the laws in Ireland are made in Leinster House. Most laws are made by Ministers signing European Union directives into Irish law. This particular directive lay inside Departments when my party and others were in government and no one examined it for ten years. It was deemed to be a problem for the next crowd and by the time it became critical, Ireland's leeway for manoeuvre was gone. Moreover, even before that, at the time when the directive was being designed across Europe, Ireland's engagement with Europe was minimal, if anything. I know this from a comment made by the former Taoiseach, Bertie Ahern, who stated he did not know how many officials in the Departments actually look at such EU directives. That should tell one how badly Ireland examines such matters and now, 25 years later, they have become a huge problem for people and citizens on the ground.

This is an entire failure of process. Many times in this Chamber, it has been argued how badly European Union scrutiny is carried out here. This issue is an example of how bad EU scrutiny affects people on the ground. A position has arisen in which military aircraft are being used to oversee the bogs. Election promises were made, albeit not by the Minister, Deputy Deenihan. However, Deputy Feighan stated he would sign in his blood the future of turf cutting.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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On natural heritage areas.

Mark Daly (Fianna Fail)
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Yes, but he did not actually qualify that; there is no asterisk next to it. Moreover, promises were made by the Labour Party, which was going to take it back to Europe. However, the wriggle room in respect of Europe was gone and perhaps the Minister might outline what is happening in that regard at this stage. The fault lies with Departments in the past which left the current Minister with very little wriggle room. Before the directive was developed all, however, Ireland did not engage and it just came. Initially, we tried to get away with just little bogs, only to be told we would not get away with that and would be obliged to include more. I repeat that this was an entire failure of process and this happens more often than not. Consequently, relative to the 54 Acts of the Oireachtas the Dáil and Seanad passed last year, 509 statutory instruments were signed by the Minister, Deputy Deenihan, and others to bring into force EU directives in Ireland.

If I may digress slightly from the particular directive under discussion, a directive on transparency was brought in from Europe. It was signed by none other than the Minister for Jobs, Innovation and Enterprise, Deputy Bruton, who at present appears to be engaged on a job other than the creation of jobs. The amazing point about the aforementioned transparency directive is that no Deputy or Senator saw it before it was signed into law. I hope the Minister, Deputy Bruton, spotted the irony of signing a transparency directive without showing it beforehand to any Member of the Oireachtas. However, it goes back to the issue of the lack of engagement by previous Governments to ensure that whatever effect it might have on Irish citizens, be they in counties Roscommon or Kerry, would be minimal. While I acknowledge that many letters were sent out, that was an engagement between Departments and citizens, not the legislators and the citizens because the legislators are largely bypassed in this regard.

When one uses terminology like "directive", one must understand it is a draft law. While people may disengage when they hear about directives, regulations or statutory instruments, they are laws. While they may be different types of laws, they are laws none the less, and yet, if one adds up all the EU regulations, directives and statutory instruments, which are all simply types of laws, that are signed and brought into effect in Ireland each year, they account for 98% of what comes into effect in Ireland each year. Leinster House is only responsible for the balance of 2%. I do not need to educate my colleagues opposite, who will be aware that in the forthcoming referendum and the alleged reform of the Dáil, if one House of the Oireachtas is incapable of reform, one might be amazed as to how one could reform the other House. Nevertheless, although it is proposed that it be reformed, none of what I have referred to will change. EU directives will continue to come in without scrutiny by the officials in the relevant Department. Ministers will continue to be told at the last minute that they must sign this directive without proper scrutiny or examination of the topics and measures that could be taken because the measure must be returned to Europe.

I acknowledge compensation packages have been put in place, but while that may be satisfactory for some people, it is not satisfactory for others. There has been a great deal of protest on the issue both in my native county of Kerry and elsewhere. This problem stems from various European Union directives, but it was our failure to engage and to scrutinise properly early on that led us to the current position in which people in Ireland are breaking the law. Had this been done better and earlier, many of the difficulties we face would have been avoided.

Will the Minister provide Members with an update regarding the Monivea bog near Listowel? On my own behalf and that of my colleague, Senator O'Sullivan, I ask him to outline how that issue is progressing, as well as the progress, if any, he is making with the Commission in this regard.

John Kelly (Labour)
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I wish to share time with Senator Whelan.

Michael Mullins (Fine Gael)
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Is that agreed? Agreed.

John Kelly (Labour)
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I welcome the Minister to the House. I will not repeat everything that has been said because the facts concerning the current position and how it was arrived at have been presented well by Senator Eamonn Coghlan. Turf cutting is an age-old tradition, which is the reason plans to ban the activity have proven to be so contentious. All one hears is that a person's father and his father before him cut turf, and this point is being repeated everywhere one goes. I am well aware that 53 raised bogs had been nominated between 1997 and 2002 and that in May 2010, the then Fianna Fáil-Green Party Government announced that turf cutting on those bogs was over. At the time, the then Minister for Foreign Affairs also was told that Ireland could be facing fines of €25,000 per day. The big pity in this regard, and this is not the Minister's fault, is that is when an independently chaired Peatlands Council should have been set up in order that we would have had time on our hands to resolve all these issues.. Unfortunately, all these issues just kicked off in 2011 once the announcement was made, and I believe Senator Daly also made this point as well. The Government of which he was a supporter was partly to blame for this as it did not deal with this issue at the time.

Two years later, efforts are being made to play catch-up in this regard and the Government, slowly and gradually, is trying to resolve the outstanding issues. Moreover, the ban on turf cutting was proposed at a time when Ireland was in recession, and perhaps an argument should have been made to the European Union to the effect that fuel costs were soaring, the prices of everything were rising and people on the margins simply needed to cut turf. As for the compensation package, I believe there has been a huge take-up on it. At times, payouts under the package have been slow, and at times, there have been issues with title, which I understand cannot be sorted out overnight. I urge the Minister to deal with those issues and get a resolution to them, particularly the €500 once-off payment, in order that people can finally sign up to this deal.

I believe increasing numbers of people are willing to come on board. A total of 3,690 payments and 264 deliveries of turf have taken place. As Senator Coghlan stated, more than €6 million has been paid to date.

The Department continues to develop a national raised bogs special areas of conservation, SAC, management plan, as called for by the unanimous vote of Dáil Éireann and agreed with the European Commission, to underpin the long-term approach to the restoration and management of each SAC. This approach may unlock some limited flexibility available under the habitats directive to find solutions for the most difficult cases where relocation options may be limited or non-existent. This is crucial to resolving the problems we have at present. What is this flexibility? Will part of it consider reversing the designation of certain bogs to allow turf cutting take place? I do not condone breaking the law and at no stage do I agree with illegal turf cutting. That said and as I have told the Minister, I have the greatest sympathy for many of the contractors. To resolve this problem not only must the Minister consider the turf cutters but also the contractors and involve them. They have invested hundreds and thousands of euro in their machinery and overnight they were told they are gone.

I will conclude with a funny story showing the human side to all of this. I met a lady in the supermarket who asked me to come to the house to help Daddy fill out the compensation form. I called out and Daddy was sitting in the corner. The button of his shirt was open and I do not think his trousers were tied on too well. His wife was sweeping, making tea and telling him he was too old to cut turf, to give it up, to fill out the form, to close his button and not to spill the tea. He turned to me and said it is great to get out of the house. The sum of €1,500 a year is not enough compensation for this poor man.

John Whelan (Labour)
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I am glad to have an opportunity to contribute to this discourse in the Seanad. I am a bog man. I am from the heart of the bog in the midlands and I am glad to say it. Like many of my neighbours and friends when I was growing up, I spent the summer months helping to stack turf and draw it home. It is something more than home heating and fuel. It is not about money in many cases because it is a strong and proud tradition handed down. People enjoy it and it is a great and healthy way of getting out. Then and now, people who like the bog and cutting turf also have a great regard for the environment, nature and wildlife. They do not easily or lightly desecrate the landscape.

I commend the Minister because he has done in two years what others failed to do or address in 20 years. Credit needs to be given where it is due. While this is not to score political points, previous Governments contained people who claimed to care for the environment and future generations, but knowing it is a thorny issue, they left this ball to be kicked around the square and put this issue on the long finger in order that it would fall to someone else to grasp the nettle and deal with it. We cannot blame the EU and Europe for everything, with no disrespect. We do not mind putting our hand out for direct payments, REPS and regional infrastructural funding. Economic and financial transfers to the country run to billions of euros. We have a responsibility, therefore, as Irish and EU citizens, to uphold our commitment to the environment and the broader community. The same applies with regard to water conservation and the security of a safe water supply.

The Minister referred to septic tanks, and this is another issue which was left as a time-bomb and landmine for the Government. The Minister, Deputy Phil Hogan, deserves super credit for the manner in which he has addressed it. The majority of people, more than 90%, have registered their septic tanks, and where they are found to be faulty and contaminating water courses, an 80% grant is available from the Government to assist in resolving the problem. Others in the Dáil screamed blue murder, stating there would be consternation and Armageddon and that it could not be done. This was a problem left lying around for 20 years.

Where there is a will there is a way to solve these problems, such as in Clara where the Offaly turf cutters have accepted relocation. We must respect and recognise, however, that in other places, such as Coolrain in the Slieve Bloom Mountains in Laois, turf cutters have been put out and there is no obvious available alternative bog. They are not inclined to go for the financial compensation package, although I honestly believe it is extremely fair and generous. It is not always about money and people prize their traditional turbary rights. As the Minister stated, it needs to be reiterated that people are not forgoing their land or ownership and it is important to note this.

Prior to the previous general election in February 2011, I attended a meeting of turf cutters in the Bridge House in Tullamore. Some people there would not be satisfied or happy no matter what was offered to them. Senator Kelly is correct that we must ensure people do not lose their livelihood unfairly after investing tens of thousands of euro in expensive machinery, but people at that meeting were jeering and sneering and suggesting National Parks and Wildlife Service rangers should be thrown into bog holes. One person suggested to rousing cheers that the staff should be shot, and some of them were egged on by candidates contesting the general election. This type of conduct and language is not acceptable. People should step away from it and not support this type of blackguarding because there is a reasonable solution for everyone if they were minded to find one. I commend the Minister on his work and I ask him to keep with it.

Kathryn Reilly (Sinn Fein)
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Sinn Féin is committed to the preservation of our national wildlife and resources, including certain bogs. This issue has been ongoing for a long time and the Minister has been working very hard to try to resolve it. We all know the issue of the 53 bogs has proven very difficult and must be dealt with soon. We have seen trouble in bogs throughout the country. The basis for resolution should be in the motion passed unanimously in the Dáil last year with regard to the plan. How many bogs have been surveyed and found suitable for relocation? With regard to the all-party motion accepted last year on the national plan, which was mentioned by the Minister and other Senators, what parts of the motion have yet to be implemented and what parts must be worked on? Can this be done without the input of the Turf Cutters and Contractors Association, TCCA? The Minister said that people have turned their face, that dialogue is the only way and that his door is open. What interaction has the Minister had with the people to whom he referred? What interaction or dialogue has taken place with the TCCA given its abstention from the Peatlands Council? Has other interaction or dialogue taking place? What is being done to meet its concerns? Has its abstention from the council precluded interface or dialogue?

Michael Comiskey (Fine Gael)
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I am delighted to speak on the issue of turf cutting in certain areas, which gathered much coverage during the summer.

To many, it may have appeared as a relatively new issue. However, what we witnessed resulted from a delay of 20 years in the implementation of the habitats directive, the consequences of which the Minister has inherited. Ireland ranks last among the EU-15 in terms of progress in implementing the directive. The illegal actions of a few will result in the likelihood, not the threat, of injunction proceedings and large fines being imposed on the taxpayer.

Originally, the areas in question were considered wetlands. When the inherent value of raised bogs was discovered, utilisation and extraction increased. In the 20th century this escalated to the removal of peat on a commercial scale for the production of fuel and horticultural peat. Only a fraction of the former raised bogs remain, making them unique in the world, seeing as how most raised bogs are found in the European Union. We have a duty to protect these unique habitats. Owing to their particular nutrient content, the peat contains many species found nowhere else. Under EU rules, we are obliged to implement the directive which was dramatically enacted. Failure to do so is likely to result in fines of up to €25,000 per day. We cannot allow this to happen.

My colleagues have told stories about turf cutting. Some cutters would happily relocate or opt for compensation. In difficult summers cut turf must be left on the land because of bad weather. Compensation or the delivery of turf to one's house is the better option.

The Minister has been working constructively with all sides towards a long-term solution. I hope everyone comes to the process with an open mind so as to ensure these unique sites, species and plants can be preserved.

Lorraine Higgins (Labour)
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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?

Paul Coghlan (Fine Gael)
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I welcome the Minister and commend him for his efforts to date on this difficult and thorny issue. As for my learned colleague immediately behind me, a gracious lady with legal training, perhaps she thought she was in court, as she sounded so confrontational.

Lorraine Higgins (Labour)
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My point cannot be overlooked.

Paul Coghlan (Fine Gael)
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I will never doubt the Senator's good points.

Lorraine Higgins (Labour)
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Of which there are many.

Paul Coghlan (Fine Gael)
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That goes without saying. The compensation package is generous. People receive a certain amount per year, a down payment, turf deliveries and so on. Thousands have accepted it, although there are difficulties on a limited number of bogs. As Senator Sean D. Barrett stated, we are somewhat bedevilled. The European Union valued our lands more highly than we did. Slowly but surely, however, we have come to realise the worth of their preservation and enhancement. As the Minister stressed, people will not lose ownership rights. There is no fear in that regard. People want to respect the law. Slowly but surely, however, the realisation is dawning and the number cutting in the protected areas has halved in the past year, which is good.

The Minister has a "can do" attitude and is a man of dialogue. His door is open and we will see further progress. I commend him and his officials, one or two of whom I know. The blackguarding they suffered while doing their duty in upholding the law was shocking.

I commend Mr. Justice John Quirke's work at the peatlands forum, the report of which was accepted by the Minister and his Department. A national raised bog SAC management plan has been developed. This may unlock some flexibility in respect of the limited number of bogs where significant relocation difficulties are being encountered by those who hold rights. Specialists have been engaged to work on the matter and I look forward to the management plan's publication in November. I hope the number of people who cut on the bogs in question will decline further.

Everything has been said and everyone is trying to be reasonable about the matter. I take some of Senator Lorraine Higgins's points, but I cannot comment on the constitutional issue. Let someone take it to court. If an issue is outstanding, let it be resolved. However, very little, if anything, will be outstanding following publication in November and the further dialogue in which the Minister and his officials are prepared to engage.

Trevor Ó Clochartaigh (Sinn Fein)
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Cuirim fáilte roimh an Aire. Tá mé thar a bheith sásta go bhfuil an díospóireacht seo ar siúl againn. Tá an ábhar seo ardaithe agam go rí-mhinic agam sa Teach seo.

I appreciate that this is a thorny issue and that we have held a number of conversations on it. I am grateful to the Minister for taking this debate. It is important to put the matter in context. The Minister inherited it and the directive has been in place for a long time, during which previous Governments could have agreed a roadmap to a solution that would have accommodated all stakeholders, but that did not happen. When the Minister took office, there was a sense of emergency because the European Union was breathing down his neck about the fact that the directive was not being implemented, as required. He has been trying to deal with it for some time.

Sinn Féin is committed to the preservation of our national wildlife and resources, including bogs. It is fair to say the same about most of the people who cut turf. In the media, in particular, there tends to be a perception that anyone who cuts turf is anti-environment. I argue the opposite. Most of those who cut turf have great respect for the environment. The practice of cutting turf has led to our bogs having an elevated status. People have cared for wildlife.

The previous Government failed miserably to resolve the issue of SAC status for bogs. I would even claim that it misled people. For many years, a Minister from my constituency told us about a derogation from the directive. On investigation, however, it was found that there was never a derogation. People were misled. Those on the ground believed they were exempt.

Responsibility for resolving this lies with the current Government, which has now spent two and a half years now examining the issue. Problems at a small number of the 53 bogs have proven difficult to resolve. However, they need to be resolved as a matter of urgency. Sinn Féin believes that the basis for agreement lies in the motion unanimously passed by the Dáil in February 2012, which obliged the Government to put in place an overall plan for the 53 SACs and to resolve the outstanding issues in full consultation with the Turf Cutters and Contractors Association. Sinn Féin believes that there is an onus on Government to engage immediately with the TCCA to implement such a plan.

I note that the Minister in his opening remarks alluded to the TCCA and people who are not co-operating with the process. I do not propose to go into the issues on either side. However, I would liken this to Government trying to do a deal with the consultants without having them at the table. Deputy Brian Stanley and I travelled to Brussels last year to meet with the Deputy Director General of the Commission dealing with these issues, Mr. Alan Seatter, to find out if there was room for manoeuvre or for a solution. He was categoric in his response that any solution should be based on the recommendations put forward in the TCCA plan. In my view, if, when putting together a plan, one does not have the required people at the table, one is going nowhere. I welcome the Minister's statement that a plan is forthcoming. The nettle will at some stage have to be grasped and the TCCA will have to be brought back to the table. The Government needs to engage with it immediately.

There is huge frustration on the ground in regard to the lack of progress on this issue. I appreciate the Minister's officials are likewise frustrated. There was a sense that misinformation was being provided, that the proposal was to divide and conquer and that departmental officials were trying to do side deals with people on particular bogs and may actually have succeeded in some cases. While some people have accepted compensation, no overall agreement is yet in place.

Sinn Féin believes that it is imperative if the forthcoming plan is to be successful that it should provide for the relocation option in most cases and that this should be done on a like-by-like basis; that compensatory habitats, whereby raised bogs that are unsuitable for turf cutting are designated as SACs, are deemed a viable option; and that the Department officials engage with the TCCA to resolve issues on the outstanding bogs. The Minister will be aware that Sinn Féin has been in regular contact with the TCCA and has met with departmental and EU officials. I welcome the fact that there has not been as much of a stand-off this year as there was last year. Nobody wants to see a stand-off on the bogs, or for gardaí to be put in an awkward position or departmental officials or those cutting turf to be put in awkward positions. As stated by the Minister, the way forward is dialogue. However, without one of the key stakeholders at the table, dialogue will not happen. Having met with the EU Commissioner, Sinn Féin believes there is sufficient flexibility within the EU directive to resolve the situation. We call on the Government to resolve these issues as a matter or urgency and to engage without delay with the TCCA and other turf cutters.

The case made by my colleague in regard to the constitutionality of this is pertinent. Senator Paul Coghlan stated earlier that these issues should be fought out in the courts.

Paul Coghlan (Fine Gael)
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I agree with Senator Ó Clochartaigh that dialogue is the only way forward.

Paddy Burke (Fine Gael)
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Senator Ó Clochartaigh without interruption, please.

Trevor Ó Clochartaigh (Sinn Fein)
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It is a very pertinent point. At the end of the day the only person losing out is the taxpayer. If this ends up in the courts the result will be lengthy court cases from which barristers and solicitors will make a great deal of money and for which the State will end up footing a huge bill. None of us wants to go down that route. We would like to see proper resolution in advance. It is pertinent to find out whether legal advice has been sought on the constitutionality of the Department's stance on this.

We know that some persons who have cut turf on SACs have been deemed to have broken the law. Are there any cases pending against the Department? Has anybody taken a legal challenge to the stance being taken by the Department? I am sure the Minister expected me to be vocal on this issue. Like him, I am working to find a solution. It is important there is engagement with all parties involved. I agree that on both sides tempers have been frayed and people have been very vocal and demonstrated in ways that may not have been appropriate. However, this is an issue about which people are very passionate. It is exacerbated by the fact that we are in the middle of an economic crisis and people are finding it had to make ends meet. Turf cutting is very important for them, as is having a regular supply of turf, as was the case for their ancestors. I look forward to hearing the Minister's closing speech. Without the involvement of the TCCA and other stakeholders his proposed solution will not work and he will continue to go round in circles, cause stand-offs and end up in a legal wrangle in the courts. None of us wants to see that happen. In my view the European Commission does not want to go down that route either, and was prepared to show a little leniency. I appreciate that the time was running out because this issue had been put on the long finger.

Tá súil agam go dtógfaidh an tAire ar bord na moltaí atá déanta againn. Tá Sinn Féin ag tacú leis na hiarrachtaí atá á dhéanamh le dhá bhliain go leith anuas, agus leanfaidh muid leis sin.

Michael Mullins (Fine Gael)
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I welcome the Minister to the House and thank him for his comprehensive contribution. We all accept that the Minister, on taking up this portfolio and being handed a file that had been left unattended on a desk for a decade, was given a hospital pass. He has done a good job in attempting to address this very difficult and sensitive issue.

I welcome that Senators are unanimous in stating that it is important our environment is protected for future generations and that we adhere to directives and legislation. Having said that, I admit there are difficulties in many parts of the country, including my own county of Galway. I regret that it has not to date been possible to resolve the difficulties that have arisen there. I urge the TCCA to return to the table. At the end of the day, this problem can only be resolved through dialogue and engagement. It is what everybody in this House wants to happen.

The Minister will be aware of the particular difficulties that arise in terms of the lack of options for relocation for people in the Clonmoylan-Barroughter area of south Galway. This issue needs to be addressed urgently. Ultimately, concessions will have to obtained from Europe to allow for a limited amount of turf cutting in this area. I cannot see how the issue can be otherwise resolved. Not everybody is interested in taking compensation. I hope there is sufficient bog in other parts of the country that can be traded for concessions in the Clonmoylan-Barroughter area.

I ask that the Minister expedite engagement and discussion with those who up to now have not come to the table and appear not to be interested in finding an immediate solution to this problem. As a country, we cannot afford huge fines from Europe. However, we must respect that some people want to provide fuel for their homes and we must do all we can to provide that opportunity for them, particularly in areas where this matter cannot be easily resolved. I commend the Minister on his work thus far on this matter and ask that he expedite engagement with the stakeholders so that this ongoing issue can be brought to a satisfactory conclusion.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I thank all Senators who have contributed to this debate this afternoon, which have been very helpful, positive and supportive. As Senators will be aware, this is not an easy issue. My great grandfather, grand-uncles and cousins cut turf on Moanveanlagh bog, which is one of the designated bogs in Kerry.

I recognise the fact that my cousins left the bog as soon as this became an issue. My family had a presence in the bog for generations, going back over 100 years, so the matter is very close to home. There were 31 bogs designated at first and the EU asked for more designations because we had not done enough. That was one of the additional bogs. There are two bogs in Kerry and there is no issue with the one in the national park. It is a sensitive issue and there have been a number of posters on trees and poles that are directed at me personally. I have never seen a local politician targeted in that sense to such an extent but I would prefer to be unpopular for doing the right thing than being popular for procrastinating or doing the wrong thing. I have a responsibility and I take it very seriously. It is a privilege to be a Minister, as anybody would recognise, and after being in the Houses for 30 years, I know that one must take that responsibility if it comes along. We must implement the law although we can, of course, seek to have laws changed. We cannot break the law or support the breaking of the law.

I thank Senators for their contributions, and I will refer to most of them individually. There were some very good points. From Senator Barrett's Kerry background, he would have a deep knowledge of the bogs and a great understanding of them. I completely agree with his comments, as we all do, and all we are being asked to do is preserve 2% of the raised bogs from where turf can be extracted. It is a very small percentage of bog. Europe has given us much and is asking us to do this.

The Dutch have played a very important role in raising awareness in this country of the importance of bogs. Whether it is solving drainage issues, water retention or carbon sinks, as well as critical locations for flora and fauna, there are important elements to biodiversity in the landscape and our heritage. The Dutch highlighted such issues when people did not fully appreciate the value of bogs in Ireland, as in the past they may just have been associated with peat extraction. As youngsters we all worked hard in the bogs and perhaps some people feared having to go there. There was much drudgery and difficult work, especially in bad weather, and the Dutch brought a new aspect of the value of bogs to us. That arose because they lost so much of their own bogs, and they are paying significant amounts of money just to grow bog again and conserve what they have.

I heard recently that it takes 1,000 years to grow 1 m of bog; in a profile of a bog that is 3 m high, we are talking about 3,000 years. The great poet Seamus Heaney immortalised our peatlands with the poem "Bogland", which set him on his way, and he referred to them as the dark repository of our past. He increased awareness of the importance of bogs in his own way.

A large proportion of the Irish population would now see the importance of bogs. I also agree about the importance of tourism, and in certain parts of Ireland there are walks around and through bogs, with restoration work being done by Bord na Móna and significant numbers of tourists being attracted. More of this will happen in future. I propose to prioritise such work as part of the overall management of protected bogs, and when we formulate a national strategy, the tourism element will be referred to.

I thank Senator Coghlan for his contribution and research on the subject. In the past, a former runner and journalist, Mr. Tom O'Riordan, mentioned that he worked on the bog with the Senator, although I do not know if that is true. He has experience not only of running around a bog but also of working on a bog. I agree that we must work out solutions within the law. Senator Mark Daly made a very good point about the scrutiny of EU legislation, particularly some of the earlier directives. We adopted directives without fully understanding or scrutinising them. When we agree with a directive, we must implement it; it is a responsibility of the Government and it is not the European Union's fault if we do not scrutinise the directives. We have not been good at doing that but we have an obligation to implement the law.

We are not alone in struggling to implement some aspects of the habitats directive, although Commissioner Potočnik has acknowledged that this is one of the most difficult issues that the European Commission is dealing with. Commissioner Potočnik has confirmed to me that the conservation of raised bogs is one of the most high-profile environmental issues in Europe, and people are watching very closely how this will pan out in Ireland. They are also watching what action the European Union will take against the Irish Government if we do not implement the policy. He was very clear about it and the Commission will not hold back on the issue. If incidents of turf cutting had not reduced this year, it would have taken action. The Commission is happy with the approach we are taking and it respects the fact that we are now taking the matter seriously after years of inaction. Nevertheless, it will not tolerate any return to widespread turf cutting, and if that happens, we will be injuncted. Not only will that cost us financially but there will be reputational damage as well. Senator Daly mentioned Monivea Bog which the consultants will visit this weekend. I hope the local people will co-operate and allow them on to the property if there is a request. Senator Daly asked if there was any "wriggle room" but when I met Commissioner Potočnik and asked him if there was any room for manoeuvre, he told me Ireland's time has run out.

Senator Kelly mentioned progress on the special area of conservation management plan and engagement has intensified with bog committees with regard to relocation. Issues of restoration will begin shortly, and it is important that all local committees and communities engage with the process. My Department has engaged RPS consultants to undertake the scientific work essential to underpinning the national SAC management plan, as well as the review of the national heritage area raised bogs.

Certainly whatever argument we make to the EU will have to based on science. It cannot be based on emotion or sentiment. These designations were originally made based on science and our arguments in the pursuit of any change, if we choose to make them, will have to have a scientific basis. That is why the consultancy will provide the necessary information. It will provide, for example, for nature conservation objectives for the raised bog habitats, conservation objectives for the 53 sites, restoration and management plans for each site, a Natura impact statement and an environmental report for the national plan itself, as well as the identification of compensatory habitat and an assessment of potential compensatory sites. This is very important. It is looking at sites that Bord na Móna have available. These sites were not examined previously. There are also other Coillte-owned sites that are available, for example. Hopefully these can be used as compensatory habitats, if there is flexibility there.

I do not want to make predictions or promises now but the plan may allow for some limited flexibility on a small number of bogs. That is why it is so important that everybody engages. I appeal to all of the Senators here to encourage the communities to get involved in this process. We have just one chance at this. If we can get this right, it can satisfy the vast majority of the turf cutters.

Senator Whelan made a very pertinent comment about the resources the EU has given to Ireland over the years. The EU has given us huge amounts of money. I am not sure of the exact figure, but the EU has given Ireland well over €60 billion. It has given us a vast sum of money for environmental protection and it is simply asking us to conserve 2% of the bogs from which turf can be extracted, which is a very small percentage. These bogs have enormous scientific value. The EU is not asking us for too much. The EU finds it very hard to reconcile the fact that it has given us so much money for environmental protection and rural development but we cannot oblige by protecting these bogs which are not just important to Ireland but to Europe as a whole. Let us face it, the type of peat landscape we have here is not seen in other parts of Europe. Our peat lands are unique because of Ireland's latitude and climate, particularly the levels of rainfall and the average temperatures here. The bogs here are unique. The type of bog we have here cannot be reproduced in any other part of the world. It is not just a question of an EU obligation that we must abide by. We also have an obligation to preserve our own rich natural heritage. The bogs are part of our precious landscape and we need to protect them.

I thank Senator Whelan for his comments on the threats to my staff, which are totally unacceptable. The names of departmental staff have been published on Facebook and staff have been threatened on that site and other social media organs, which is disgraceful. Staff have been threatened in various ways. This should not be happening in a civilised country. These are people who are doing their job, implementing EU directives that are law in this country. They are telling people not to do things, which is the nature of their jobs. They are much maligned across the country. In some cases, their families have also been threatened and some staff are living a life of fear, which is totally unfair. They are employees of the State who are simply doing their job. While people have a right to disagree with them, they do not have the right to threaten them. I thank Senator Whelan for recognising that reality.

Senators Reilly and Ó Clochartaigh referred to a motion tabled in the Dáil. What I am doing is fully implementing what was agreed in the Dáil. What was agreed will be implemented. We are pursuing that. We are paying consultants an enormous sum of money to draw up the national plan, as agreed in the other House. Three weeks after that agreement was reached, which was applauded by all parties in the Dáil, I was in Rinn Dúin in County Roscommon and Deputy Luke 'Ming' Flanagan handed me a different plan entirely. He said it was the TCCA plan. He put a motion before the Dail, with which the House agreed. The Government made a commitment to pursue it and as the Senators pointed out, the EU Commission also agreed with this course of action, following an intervention by the Taoiseach. The TCCA then abandoned what it put forward in the Dáil through its public relations officer, Deputy Luke 'Ming' Flanagan and went off on a totally different tangent. It drew up a new plan, which it then sent on to the EU. That plan was rejected by the EU Commission. Had the TCCA presented that plan in the Dáil, the House could have voted on it but it did not do that. What I am doing here is fully implementing what was accepted unanimously by Dáil Éireann. That is my commitment.

The TCCA came up with an entirely different plan, with which the Commissioner would not agree.

Trevor Ó Clochartaigh (Sinn Fein)
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I do not think the TCCA would agree with the Minister on that point, in all fairness.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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That is exactly how it happened. People are trying to twist things but that is exactly how it happened. Perhaps Senator Ó Clochartaigh or some of his party colleagues do not agree but that is how it happened.

Trevor Ó Clochartaigh (Sinn Fein)
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The TCCA certainly does not agree.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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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.

Lorraine Higgins (Labour)
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Will the Minister confirm that he received legal advice in relation to the compensation scheme?

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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We contacted and consulted with the Office of the Attorney General before any scheme was put in place. My officials have confirmed this.

Senator Ó Clochartaigh referred to the motion in the Dáil. I will implement it to the "t". I am open to meeting members of the TCCA at any time. I have no argument with them personally and appeared on national television with the TCCA chairman, Michael Fitzmaurice, on "Prime Time".

I get on very well on a personal level with Michael Fitzmaurice. Following my appointment, I travelled with him in a helicopter to look at all the bogs in Roscommon and Galway. I paid from my own pocket for my part of the journey. Indeed Deputies Flanagan and Naughten were with us, but there was no room for Deputy Feighan, so he had to drive around in his car.

I have had close contact with the TCCA and while I am in this job I will try to resolve this matter.

There is some confusion about national heritage areas, NHA. Senator Mark Daly referred to the commitment made by Deputy Frank Feighan on this. In the programme for Government, the Fine Gael Party made a commitment to review the natural heritage areas, NHAs, to see whether turf cutting can continue on a managed basis. The difference between special areas of conservation, SACs, and NHAs is that the NHAs were determined by national law, but the special areas of conservation were determined by European law transposed into national law. Obviously we have some flexibility, in consultation with Europe on NHAs. It is important that the consultants will come up with a solution. If NHAs were closed down totally, it would pose major challenges in the future.

It was very important that I had an opportunity to clarify the position of the motion that was agreed in the Dáil and other matters. The contributions from Members were positive and I listened attentively and have taken very good notes of the points made. If the spirit that has prevailed during our discussion in this House could prevail across the spectrum, we would find an all-party solution to this problem. We share our culture and heritage, which we appreciate and love, and our landscape. We have an obligation to future generations to ensure the landscape is passed on to them. That is an obligation on all of us. This is a critical part of our landscape that is unique and precious. What is happening is very important.

I thank the Cathaoirleach and Members for their attention.

Paddy Burke (Fine Gael)
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That concludes the statements. When is it proposed to sit again?

Paul Coghlan (Fine Gael)
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On Tuesday next, at 2.30 p.m.