THE EUROPEAN Commission has ramped up pressure on the Government over illegal turfcutting on protected bogs with a threat of immediate court action.
A spokesman warned the commission may seek an injunction from the European Court of Justice within months to stop illegal peat extraction from protected habitats unless the Government showed it was taking action to prevent damage.
Acting on the recommendation of environment commissioner Janez Potocnik, the commission yesterday issued a “reasoned opinion” against Ireland for breaches of the habitats directive relating to peat extraction on protected bogs. A “reasoned opinion” is the last stage in the commission’s enforcement process before court action and the possible imposition of fines of more than €20,000 a day.
However, because this process takes a number of years and the commission regards the damage being done to Ireland’s protected bogs as extremely serious, it is considering applying to the European Court of Justice for “interim measures” similar to an injunction.
Last month, turfcutters agreed to stop cutting this year as part of a deal to resolve the issue, but the deal appears to be unravelling amid differing interpretations of what was agreed.
Their spokesman, Luke “Ming” Flanagan TD, has said cutting will have to be allowed again on some bogs – which the European Commission is unlikely to contemplate.
EU member states are normally given two months to reply to a reasoned opinion from the commission. Unusually, Ireland has been given only one month to explain what actions it has taken.
The spokesman said this was because the commission wanted to show urgency in the event of it going to the court to seek an injunction. The commission has not published the reasoned opinion in the case, but in a press release it raises the issue of Ireland’s “loyal co-operation”.
This refers to the power of the EU court to require member states to monitor and inspect “undertakings” previously given.
The commission first took action against Ireland over its failure to protect peat bogs in the 1990s, but the case was closed in 2005 when Ireland agreed to carry out environmental impact assessments on protected sites.
However, Ireland has failed to carry out such assessments since then, according to the commission. “It is now up to the Irish authorities to convince us they are introducing the necessary measures. If they don’t, we will have to go to court,” the spokesman said.
The commission yesterday acknowledged the Government was acting on the problem, with a ban on turfcutting on 32 active raised bogs last year, and an end to cutting on a further 24 bogs promised by the end of 2011. However, it says it has serious concerns on the effectiveness of this response.
The spokesman said despite contacts with Minister for the Environment Phil Hogan and Minister for Heritage Jimmy Deenihan in recent months, the commission still did not have an assurance that Ireland was taking the necessary steps to meet its obligations under the habitats directive.
Friends of the Irish Environment welcomed the commission’s move and claimed its reference to “loyal co-operation” was one of the most serious charges that could be levelled against a member state.
