Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 210: To ask the Minister for Communications, Energy and Natural Resources if he proposes to have the indemnity from prosecution given to Bord Na Móna under section 27 of the Turf Development Act 1946 removed in the interest of the environment in view of the fact that private landowners may be prosecuted for similar breaches; and if he will make a statement on the matter. [8454/10]

Eamon Ryan (Dublin South, Green Party)
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Bord na Móna Plc is licensed by the Environmental Protection Agency (EPA) under the EPA Act 1992. Bord na Móna holds nine Integrated Pollution Prevention and Control (IPPC) Licences from the EPA for the purposes of peat extraction under Section 83(1) of the EPA Act 1992. These licences cover all of Bord na Móna's peat extraction operations and contain 14 conditions relating to operation and monitoring, emissions to water and air, water protection, waste management and bog rehabilitation. Bord na Móna is the only licensed peat extraction operator in Ireland, and is audited and inspected, in relation to compliance with the conditions of its IPPC Licences, by the EPA.

As Bord na Móna's operations in relation to peat extraction are governed by the terms of the IPPC licences issued to it by the EPA, which are monitored for compliance by the EPA, it does not rely on any immunity under the Turf Development Act 1946 from compliance with the Fisheries Acts.

I have however, requested my Department to review, in consultation with the Department's legal adviser and Bord na Móna, the relevant provision in the Turf Development Act 1946, in light of national and EU environmental legislative developments.

Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 211: To ask the Minister for Communications, Energy and Natural Resources if Bord Na Mona may have damaged bogland development or water systems here and have been protected from prosecution under section 27 of the Turf Development Act 1946; and if he will make a statement on the matter. [8455/10]

Eamon Ryan (Dublin South, Green Party)
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I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. I will write to the Deputy as soon as it is available.