Denis Naughten (Roscommon-South Leitrim, Independent)
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112. To ask the Minister for Arts, Heritage and the Gaeltacht the reason turf cutters on an SAC site in County Roscommon, who have been cutting turf banks for decades, have had their their payments suspended; when payment will issue or an alternative turf bank be provided to a person (details supplied); and if he will make a statement on the matter. [6108/14]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The qualifying criteria for the cessation of turf cutting compensation scheme, administered by my Department, 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.

A number of applicants under the scheme, who claim to have extracted turf from the raised bog special area of conservation referred to in the Deputy’s Question, have been unable to demonstrate that they have a legal interest in the land in question. In this regard, I am advised the majority of the land in this SAC raised bog is registered in the ownership of State authorities.

An application for compensation under the scheme has been received by my Department from the individual referred to in the Deputy’s Question. I am advised that, on his application form, the applicant has indicated that he extracted turf from the bog plot in the raised bog special area of conservation referred to in the Deputy’s Question in 2011 and, consequently, he does not qualify for compensation under the scheme in respect of that year. A payment of €1,500 in respect of Year 2 of 15 (2012) has been made to this applicant.

The applicant has not, to date, been in a position to show evidence of a legal interest in the bog plot. Officials from my Department has been in contact with the Department of Agriculture, Food and the Marine (as successor to the Irish Land Commission) in order to assist the applicant in this regard. However, that Department has not been in a position to provide any documentation illustrating that the applicant has a legal interest in the bog plot.

My Department is considering the legal issues raised in these cases and each of the applications has been advised that their applications are still under consideration. My Department will be writing further to each applicant regarding same as soon as possible.