Finian McGrath (Dublin North Central, Independent)
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Question 108: To ask the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Question No. 431 of 28 February 2012, his views on the possibility of compensatory habitat exchange whereby other raised bogs will be designated as areas of high conservation value and some of the 57 raised bog complexes on which turf cutting is currently prohibited could be de-designated, with this applying in particular when it is not possible to relocate turf cutters. [14504/12]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The reply referred to by the Deputy reflects the legal position regarding de-designation, as provided for in Article 9 of the Habitats Directive.

Article 6 of the Habitats Directive provides for the protective regime for Special Areas of Conservation (SACs). It outlines the obligations on Member States to prevent deterioration of such sites and to assess the impacts of proposed plans or projects that could have a significant affect on them. Article 6(3) provides that national authorities can agree to a plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned.

However, Article 6(4) provides for particular circumstances where a plan or project can be consented to in spite of a negative assessment. In such cases, it must be demonstrated that there are no alternative solutions, and that imperative reasons of overriding public interest exist to justify the damage. In the case of turf-cutting on raised bog SACs, where a priority habitat is involved, a member state must seek the opinion of the Commission before agreeing to such a plan or project.

When a project or plan is approved under article 6(4), compensatory measures must be taken to ensure the overall coherence of Natura 2000 is protected. Such measures could involve the designation of additional areas of land for inclusion within the network of SACs. The Commission must be informed of the proposed compensatory measures.

In his report on the recently held Peatlands Forum, Justice Quirke recommended that a national raised bog SAC management plan be drawn up, incorporating all 53 raised bog SACs. In the vast majority of cases, protection of these bogs can be provided by relocating turf-cutters to undesignated bogs nearby. There are, however, a small number of bogs where relocation options seem less obvious. In the context of such a plan, it may be possible to bring some limited flexibility for a few of the most difficult bogs where there are no alternative solutions, provided the requirements of Article 6(4) are complied with as set out above, including in relation to the provision of compensatory habitats.