Brian Stanley (Laois-Offaly, Sinn Fein)
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397. To ask the Minister for Arts, Heritage and the Gaeltacht if she has considered the submission from turf cutters (details supplied) to have SAC lifted, and if this has been put to the EU Commission for an exemption under 6 (4) of the Habitats Directive. [39294/14]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The draft National Peatlands Strategy, draft National Raised Bog SAC Management Plan and the Review of the Raised Bog Natural Heritage Area Network were published in January of this year. In the subsequent public consultation process, almost 1500 submissions were received and are currently under examination. This includes a submission received on behalf of the Committee representing turf cutters on the bog referred to. In general, turf cutting and its associated drainage is damaging to the ecology and functioning of raised bogs and is incompatible with their conservation. For raised bog SACs, it will in most cases not be possible for the State to consent to further turf cutting, as the State is legally obliged to prevent such damage to these sites. There are, however, two sets of circumstances in which turf cutting could be consented to. These can be referred to as Article 6(3) consents (where it can be shown that cutting will not have an adverse effect on the SAC) and Article 6(4) consents (for imperative reasons of overriding public interest), under the EU Habitats Directive.

The draft National Plan sets out the demanding tests which must be met before flexibility under the Directive could be sought. The final Plan will clarify these issues and whether the provisions of Article 6(4) could be applicable for any particular SAC within the broader context of the Plan, and seek to establish whether sufficient consensus can be achieved at a national level to make a successful case to the European Commission for flexibility on this basis.

It should be noted that there have been 60 applications to my Department under the Cessation of Turf Cutting Compensation Scheme in relation to the bog in question. 11 applicants have expressed an interest in relocation. The assessment of potential relocation sites for these turf cutters is ongoing. A total of 130 annual payments have been made, along with 51 deliveries of turf, since cessation came into force. 35 legal agreements have also been signed.