Ban on cutting of turf flouted, says report

EXTENSIVE CUTTING of turf is continuing on protected raised bogs throughout the country, in breach of Government restrictions…

EXTENSIVE CUTTING of turf is continuing on protected raised bogs throughout the country, in breach of Government restrictions, according to a new report.

Some 21 of 31 bogs which are supposed to enjoy protection as Special Areas of Conservation (SACs) have suffered damage this year through cutting, burning, draining or turf extraction, according to the report by Friends of the Irish Environment. Six of 18 bogs where cutting was supposed to end last year are still being devastated by intrusive mechanical cutting, it said.

Among the worst affected habitats is Cloonchambers bog in Co Roscommon, where Independent local TD and turf-cutters’ spokesman Luke “Ming” Flanagan cuts turf. It has suffered extensive machine cutting, the report states.

Evidence of the widespread flouting of the ban on cutting turf in SACs makes it more likely the European Commission will impose substantial fines on Ireland as well as forcing it to bear the cost of repairing the damage.

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The Friends of the Irish Environment report, which was sent to the commission last week, prompted Minister for Arts, Heritage and the Gaeltacht Jimmy Deenihan to issue a warning that turf-cutters would be prosecuted if they were found to have breached regulations.

Mr Deenihan also warned that farmers who were found to have cut turf illegally could suffer through the reduction of payments due under other schemes.

The Minister yesterday accused Mr Flanagan of advising others to break the law, and said “lawmakers cannot be lawbreakers”. Mr Flanagan replied that he would ensure that people did not “go cold” this winter.

The Minister’s get-tough approach represents a significant change from Fine Gael’s preelection stance, when its manifesto stated that a ban on cutting in 2011 would be premature. The bogs are being monitored by National Parks and Wildlife Service staff, but there have been no prosecutions this year and the Government had not previously informed the commission of infringement before the report was sent to Brussels.

A commission spokesman described the evidence of illegal turf-cutting as a “serious new development” and expressed concern at the failure of the Government itself, through its inspectors, to report any breaches.

The EU has already warned Ireland it could face penalties of tens of millions of euro plus fines of more than €20,000 per day unless it takes steps to end turf-cutting in the protected habitats. It is deciding whether a second and final warning is merited.

In response to the commission’s pressure, the Government put in place a scheme for affected landowners and people with turbary rights, offering compensation of €1,000 a year for up to 15 years or, if possible, the transfer of their cutting to other bogs which are not SACs. A Peatlands Council was also established.

However, just 150 turf-cutters out of 3,000 have asked for an application form, according to Mr Deenihan’s department.

Mr Deenihan said he had directed his officials to investigate illegal turf-cutting by contractors or individuals who may have breached the restrictions applying to the 31 SACs. He said prosecutions would be pursued “where appropriate”.

Mr Flanagan, speaking on RTÉ radio, said alternative bogs would have to be found before people were “driven off the land” and threatened with legal action.

He accused successive governments of incompetence for failing to put in place a management plan that would make it possible for turf-cutting and conservation on the bogs to go “hand in hand”.

The Minister briefed the Cabinet this week on the implementation of the restrictions, which were introduced for environmental reasons in May 2010 and confirmed by the new Government last month.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.