Written answers

Thursday, 30 April 2015

Department of Arts, Heritage and the Gaeltacht

Turbary Rights

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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34. To ask the Minister for Arts, Heritage and the Gaeltacht if her Department has contacted the Department of Justice and Equality demanding that gardaí be sent out to patrol bogs with a view to preventing domestic turf cutters from exercising their rights to cut their own turf, for their own use, on their own family turf banks; if she will confirm that it is her Department that has hired airplanes and engaged helicopters, at taxpayers' expense, to monitor bogs; the cost to the taxpayer of all of these operations on an annual basis since such operations began; her views that it would be preferable to resolve the issues involved by co-operation and compromise achieved through fair and honest negotiations, as has consistently been offered by the Turf Cutters and Contractors' Association, than impacting on Garda resources that would otherwise be better deployed fighting crime and protecting citizens; and if she will make a statement on the matter. [16850/15]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The regional service of the National Parks and Wildlife Service of my Department investigates all reports of illegal turf cutting and, where the evidence so dictates, further actions to secure compliance are taken. These actions may ultimately lead to court proceedings being initiated. It is not the policy of my Department to comment on individual instances of non-compliance or the modalities of how they are proceeding. Needless to say, it would clearly be much more preferable that such actions need not have to be taken in the upholding of the law.

My Department incurred expenditure of €34,423 in 2012, €56,018 in 2013 and €6,286 in 2014 for the hire of private aircraft to carry out aerial monitoring of activity on raised bog special areas of conservation where the requirement to cease turf cutting applies. Private aircraft are only used when the Air Corps is not in a position to undertake these flights. It should be recalled that Ireland is at risk of action before the European Court of Justice, with a risk of substantial and daily fines, if these special areas of conservation, which are protected under Irish and European law, are not preserved.

The draft National Raised Bog SAC Management Plan, published in January 2014, sets out how the raised bog special areas of conservation are to be managed into the future and how the needs of turf cutters are to be addressed. The draft Plan sets out the demanding tests which must be met before turf cutting could be consented to within the provisions of the Habitats Directive. The final Plan will clarify whether the relevant provisions of the Directive could be applicable for any particular special area of conservation and will seek to establish whether sufficient consensus can be achieved at a national level to make a successful case to the European Commission for flexibility in accordance with article 6.4 of the Directive. Work is on-going with stakeholders with a view to the finalisation of the National Plan, which responds to the central recommendation of Mr. Justice Quirke arising out of the 2012 Peatlands Forum.

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