Claire Kerrane (Roscommon-Galway, Sinn Fein)
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393. To ask the Minister for Agriculture, Food and the Marine if an impact assessment was carried out by his Department with regard to the 30 cm peat depth requirement under the new forestry programme; if he is aware that this requirement has effectively disqualified significant amounts of land for afforestation; and if he will make a statement on the matter. [49894/23]

Claire Kerrane (Roscommon-Galway, Sinn Fein)
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396. To ask the Minister for Agriculture, Food and the Marine if the 30 cm peat depth rule for afforestation under the new forestry programme is a requirement under EU state aid rules; if there is flexibility in how his Department can interpret this rule for the Irish context; and if he will make a statement on the matter. [49897/23]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 365 to 368, inclusive, 393 and 396 together.

Peat soils are an extremely important store of carbon in Ireland and any future afforestation must not undermine this function. As part of the development of the Forestry Programme 2023 to 2027, my Department reassessed its policy with regard to future afforestation on peat soils. Consideration had to be given to requirements of National and EU law when it comes to the afforestation of these areas.

Ireland is required to ensure that sinks and reservoirs, including forests, are conserved and enhanced, as appropriate, with a view to achieving the objectives of the Paris Agreement and meeting the ambitious greenhouse gas emissions reduction targets by 2050. These requirements are enshrined in national legislation through the Climate Action and Low Carbon Development (Amendment) Act 2021 and in European law through its regulation on land, land use change and forestry.

Taking into consideration the new legislative requirements and new science on emissions from peat soils, my Department developed two options for the future afforestation of organic soils in agricultural use, both of which deliver a positive greenhouse balance.

The first option allows for the planting of shallow peat soils in agricultural use where the depth of peat does not exceed 30 cm and the site meets the minimum productivity requirements.

The second option allows the planting of trees on fens and cutaway raised bogs in agricultural use but restricted to native broadleaves. An additional requirement is that no new drains are installed and the site meets the minimum productivity requirements.

In relation to the content of Ireland's State Aid Approval letter from the Commission in relation to afforestation Condition number 63 is relevant and clear in terms of the obligations around peat and afforestation “The inappropriate afforestation of sensitive habitats such as peat lands and wetlands will be avoided, as well as the negative effects on areas of high ecological value including areas under high natural value farming. With a view to ensuring that the carbon balance is neutral or positive, afforestation of organo-mineral soils with peat depth greater than 30 cm are excluded from afforestation, afforestation of organo-mineral soils with peat depth lower than 30 cm is subject is safeguards, and afforestation of fens and cutaway peats will involve no additional drainage and be limited to native species.”

In relation to the planting of soils that have a peat depth of greater than 30 cm of peat. This scenario is only permitted in dry sites that don’t require drainage where the peat type is a modified fen or a modified cutaway raised bog. Any planting carried out must be in accordance with the approval letter received and the conditions of the scheme. Where an applicant wishes to make a change after the approval letter has issued as a result of an inaccurate initial peat assessment, the applicant may request a variation and this will be then re-assessed by my Department.Lands eligible under Forest Type 1 are eligible to apply for deer fencing grants.

I am aware that the new Forestry Programme is quite different from the previous programme and that there is a larger emphasis on planting on mineral and shallow peat soils and as a result, this new Programme will lead to less planting on peat soils. I am aware that over 60% of the national forest estate is already on mineral soil and that by increasing the proportion of the estate on mineral and shallow peat soil through the new programme there will be greater biodiversity, climate and economic benefits from forestry.

25 sites, spread nationally, were used to develop and refine the procedure. The procedure was published in advance of the training, and is now available to all Registered Foresters.My Department does not plan to invite the industry to these 25 sites. As indicated at the training events, my officials are happy to conduct any further training, including field training, that is deemed necessary on the peat assessment procedure or any other elements of the programme.