Derek Nolan (Galway West, Labour)
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98. To ask the Minister for Arts, Heritage and the Gaeltacht if he will agree to compensate those with turbary rights over sites which were designated SACs and who complied with his Department's direction not to cut turf while other bog owners continued to do so in breach of his Department's directions and the law; and if he will make a statement on the matter. [5819/14]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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In 2011, the Government announced a comprehensive compensation scheme for those affected by the cessation of turf cutting on raised bog special areas of conservation. This cessation of turf cutting compensation scheme consists of a payment of €1,500 per year, index linked, over 15 years or, where feasible, relocation of turf cutters to non-designated bogs, where they can continue to cut turf. Those wishing to relocate can avail of the financial payment or the delivery of cut turf while relocation sites are identified, investigated and prepared. The cost of acquiring and preparing relocation sites will be met by the State.

The qualifying criteria for the cessation of turf cutting compensation scheme are that:

- The claimant must have a legal interest in one of the 53 raised bog special areas of conservation – ownership or turbary right;

- The claimant must have been the owner or entitled to exercise turbary rights on the land in question on 25 May 2010;

- The turbary on the site must not be exhausted;

- The claimant must have been cutting turf on the land in question during the relevant five year period; and

- No turf cutting or associated activity is ongoing on the property.

Establishing ownership rights is particularly complex and my Department is working with owners of land and turbary right holders to assist them in this regard while at the same time working to ensure that only those who are entitled to compensation receive it. For example, my Department has put in place a process of accepting affidavits where it is difficult to prove ownership or turbary rights.

If the Deputy has any particular case in mind, my Department will be happy to examine it.