Denis Naughten (Roscommon-South Leitrim, Independent)
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719. To ask the Minister for Arts, Heritage and the Gaeltacht her views that it is acceptable that a person (details supplied) in County Galway is waiting over 17 months for a decision on an appeal for compensation to the Peatlands Council; the steps she is taking to address this situation; her views that it is acceptable that this appeal, having gone before the council again on 1 October 2015, has been postponed until 2016; and if she will make a statement on the matter. [36079/15]

Denis Naughten (Roscommon-South Leitrim, Independent)
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720. To ask the Minister for Arts, Heritage and the Gaeltacht the number of appeals received by the Peatlands Council since it started to accept bog compensation appeal cases; the number on hand; the number decided; the average time taken to decide on each case; the longest period for a case to be decided; the date received of the five longest waiting appeals; the number of times that the Council has held a meeting to assess these appeals; the dates of such meetings; her views that justice delayed is justice denied, particularly given the comments of Mr Justice Quirke that turf cutters have not been treated in a fair or responsible manner by those involved in implementing the European Union Habitats Directive; and if she will make a statement on the matter. [36080/15]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 719 and 720 together.

In April 2011, the Government agreed to the setting up of an independently chaired Peatlands Council to assist the Government and stakeholders regarding certain issues related to the management of Ireland’s peatlands.

Applicants to the cessation of turf cutting compensation scheme administered by my Department may, further to the option of a Departmental review, appeal their case to the Peatlands Council in the event that they are informed that the qualifying criteria of the scheme have not been met. The Council may then make recommendations to me, as Minister, on such cases.

As part of the appeals process the Council has established an Appeals Sub Group consisting of 3 members of the Council. While the terms of reference in relation to the Peatlands Council’s appeals function have been agreed between the Council and myself, as Minister, the operation of the appeals function is a matter for the Council itself.

I am advised that, following agreement on the terms of reference of the Council’s appeals function, the appellant, referred to in the Deputy’s Question, was informed by the Secretary of the Council, on 12 January last, that it was hoped to arrange a consideration of the appeal by the Appeals Sub Group as soon as possible. I am further advised that the Appeals Sub Group considered the appeal on 19 February 2015, 1 April 2015, 22 June 2015 and 19 August 2015.

The Appeals Sub Group reported to the Peatlands Council on this case on 28 April and 1 October 2015 and I understand that the Secretary of the Council recently wrote to the appellant seeking his consent to request relevant documentation from the Department of Agriculture, Food and the Marine.

Once the documentation is received from that Department, I understand that the Appeals Sub Group will consider the appeal further with a view to making a recommendation to the Peatlands Council as soon as possible.

I am informed that the Peatlands Council has received 11 appeals in relation to decisions made by my Department on applications under the cessation of turf cutting compensation scheme which come within the terms of reference of the Peatlands Council’s appeals function, agreed in January 2015. There are 4 appeals cases currently being considered and in 7 cases the Peatlands Council has agreed on the recommendation of the Appeals Sub Group.

Following agreement on the terms of reference of the Peatlands Council’s appeals function, the average time taken by the Council to agree on a recommendation of the Appeals Sub Group is 24 weeks, from receipt of the appeal. The longest period for the Council to agree on a recommendation of the Appeals Sub Group is 38 weeks, from receipt of the appeal.

Details of the 4 appeal cases regarding which the Peatlands Council has yet to agree on a recommendation of the Appeals Sub Group are set out in the following table.

In addition, 2 appeals cases have been recently received and were acknowledged by the Secretary of the Council on 16 October last. Another appeal case does not relate to the qualifying criteria of the cessation of turf cutting compensation scheme but to the compensation available to the applicant under the scheme.