Michelle Mulherin (Fine Gael)
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I thank the Cathaoirleach for selecting this topic for debate. I welcome the Minister to the Chamber. People have raised concerns with me about possible changes to the designation of raised and blanket bogs, or the extension of designation under the habitats directive, which previously resulted in a debacle around turf cutters and their rights. It is not an issue which ran smoothly although ultimately it was resolved.

The designation of lands under the habitats directive involved the National Parks and Wildlife Service drawing up a map and a list of our best examples of natural heritage and presenting it to Europe. That happened at least 20 years ago and there was no real debate on the matter. It was in the realm of the National Parks and Wildlife Service, its scientists and so on. There was no engagement with the public and politicians did not grasp the nettle. I compare it with similar obligations placed on the Northern Ireland Executive which also had to ask people to stop cutting turf on their bogs. However, there was none of this carry on because from the outset, the executive had taken steps to address the issue. I ask that if there is anything coming down the line on this matter, the Minister would set it out here today. I am concerned that there should be proper public engagement while the scientists do their work. There are reasons why there is designation and benefits from it and there are ways in which we can mitigate the impact on humans. However, if there is no dialogue, the same thing will happen again regarding our bogs and the objections of turf cutters.

In a similar vein, under the habitats directive, most of the western seaboard is designated a special area of conservation or some other environmental designation. In County Mayo, 50% of our land is designated. I believe the chickens are coming home to roost; every time there is a twist or turn or an attempt to develop infrastructure or housing, we are met with the habitats directive. For example, phase 2 of the N26, from Ballina to Bohola, a much-needed primary road, was refused because it was overdesigned and because of Whooper swans. There is an ongoing situation around the replacement of a much-needed new bridge at Cloongullane outside Swinford which is also part of the N26. Once again, an issue has been raised under the habitats directive on account of the presence of alluvial woodland.

When we try to clean out streams and rivers we have issues with pearl mussels. The list goes on. I believe we have to make our peace with our environment because we require it to live, prosper and thrive, which is why we equally must tackle climate change, but there must be a balance between humans and our natural environment. The way things are drafted and the way in which the habitats directive operates, it seems that in a special area of conservation, humans can never win and the environment has priority. I believe there is a means by which this can be overcome and there can be a plan for co-existence, namely, management plans under the habitats directive. I understand that we do not have any in Ireland but it is how other member states operate their habitats. It is high time we did this. We cannot keep running into brick walls with An Bord Pleanála telling us that we cannot develop into the west, especially with Project Ireland 2040 and ambitious plans for the western seaboard which could come a cropper unless this very critical and overarching issue is addressed.

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I thank Senator Mulherin for raising this issue. Ireland, like all EU member states, is bound by the requirements of the habitats directive and the birds directive.These directives aim to ensure the protection of habitats and species which have been selected for conservation within special areas of conservation and special protection areas.

The State has made significant efforts to resolve the issue of the protection of Ireland’s raised bog special areas of conservation within the framework of the habitats directive. This has included intense and ongoing engagement with turf-cutting interests, the farming community, non-governmental organisations and the European Commission, as well as the establishment of a long-term compensation scheme, including relocation, where feasible, to compensate cutters for their loss arising from the cessation.

Over 14,000 annual payments and over 900 deliveries of turf have been made in respect of applications received under the cessation of turf cutting compensation scheme for raised bog special areas of conservation and natural heritage areas. In addition, over 1,800 once-off incentive payments of €500 have been made under the scheme.

Relocation of turf cutters to non-designated bogs is a complex process. Notwithstanding this, progress in relocation has been achieved in a number of cases. In addition, my Department is moving forward in the relocation process for a number of relocation sites. The National Raised Bog Special Areas of Conservation Management Plan 2017-2022, published in December 2017, sets out how the raised bog special areas of conservation are to be managed, conserved and restored, and how the needs of turf cutters are to be addressed, including exploring the options in terms of certain provisions of Article 6 of the habitats directive.

As stated in this plan, in order to compensate for permanent losses of active raised bog from the special area of conservation network, it is proposed to designate two new special areas of conservation. These sites are more than 50% owned by a State body.

The Review of Raised Bog Natural Heritage Area Network, published in January 2014, concluded that Ireland could more effectively achieve conservation of threatened raised bog habitat through focused protection and restoration of a reconfigured network. This will entail: the retention of 36 existing natural heritage areas including seven sites to be divided; the designation of 46 natural heritage areas, including the relevant areas of the seven sites to be divided; and the designation as natural heritage areas of 25 currently undesignated raised bogs that are in public ownership or in respect of which there is reduced turf-cutting pressure, so as to compensate for the loss of habitat within the sites where it is provided that turf cutting may continue.

Arising from this review, the Wildlife (Amendment) Bill 2016 has been presented to Dáil Éireann and is currently proceeding through the necessary Stages in the Houses of the Oireachtas. Its purpose is to provide for the implementation of a reconfiguration of the natural heritage area network arising from the 2014 review.

I do not propose to identify the 25 sites until I am in a position to apply the relevant legal protections to them. Compensation will be available to affected turf cutters from these sites. A total of 50 sites have been selected as blanket bog special areas of conservation. A further 73 sites have been designated as natural heritage areas for blanket bog protection. The national peatlands strategy states that, under the habitats directive, Ireland is obliged to devise and implement a system of management that will ensure that turf cutting on blanket bog special areas of conservation continues in such a way that will not threaten the integrity of these sites. Any system of management for blanket bog sites must be drawn up in consultation with local communities to ensure that these important peatlands are managed in a sustainable way for the benefit of the community and in compliance with EU law.

Consideration is being given within my Department to how best a system of management for domestic turf cutting on blanket bog sites might be introduced. I want to ensure that appropriate consultation takes place with local communities, following which the necessary scientific work can be carried out to underpin sustainable management of these sites in the future.

Denis O'Donovan (Fianna Fail)
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We are already well over the limit.

Michelle Mulherin (Fine Gael)
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I am concerned that the Minister's public consultation seems to be taking place after she has already decided upon two new SACs and 25 natural heritage areas. We need to engage properly with people who are affected and who value their turf-cutting rights.The sooner this is laid bare so people know where they stand, the better. People in these areas have a very heavy burden placed upon them. On another occasion, perhaps outside this forum, the Minister might deal with the issue of how designation under the habitats directive is affecting construction of roads and vital infrastructure, given that on the one hand, we are making national plans while on the other, An Bord Pleanála is telling us we cannot build because of the environmental sensitivity of the areas.

Josepha Madigan (Dublin Rathdown, Fine Gael)
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On the N26, my Department is working with Mayo County Council on all the matters raised by the Senator. We have a management plan for raised bogs and the preplanning consultation is essential. There will also be consultation with those affected.

The Senator referred to peatlands and climate change. As a long-term carbon store, peatlands are very important in climate change mitigation, removing carbon from the atmosphere and storing it in the peat under waterlogged conditions. Drained peatlands, on the other hand, are a significant source of carbon emissions. Restoring drained peatlands by re-wetting has been demonstrated to reduce greenhouse gas emissions and this is now an accepted climate mitigation activity under international climate change agreements.

A Programme for a Partnership Government outlines that the Government recognises that domestic turf cutters have a traditional right to cut turf, a right which is balanced with the conservation objectives and legal obligations of the State. This is reflected in the national raised bog special areas of conservation management plan which was developed arising from a motion in Dáil Éireann in March 2012, put forward by the Technical Group and unanimously supported by all Members. A final resolution of all issues in regard to the protection of Ireland's protected raised bogs will only be brought about by everyone working together within the law, with my Department and with the Peatlands Council, which was established for the purpose of ensuring input from all stakeholders. Similarly, I want to ensure that any system of management for blanket bog special areas of conservation sites is drawn up in consultation with local communities.