THE GOVERNMENT is to announce a new mediation body and compensation scheme for turf-cutters within weeks in response to a EU Commission infringement action against Ireland for failing to protect raised bogs.
Minister for the Environment Phil Hogan briefed his Cabinet colleagues on Tuesday on how he intended to respond to the warning from the commission that it may take “accelerated” action against Ireland at the European Court of Justice (ECJ). The action has been threatened if turf-cutting is not halted completely in 55 bogs by the end of this year. All are designated as a special areas of conservation.
Only twice before, once against Poland, and once against Malta, has the commission sought accelerated action against a member state for failing to uphold a conservation or habitat directive.
The effect is the same as an injunction and could lead to fines that will continue to be imposed on a daily basis until the directive is fully complied with. In its briefing note to the Minister on March 9th, Department of the Environment officials said that continuing failure would lead to “substantial and ongoing fines” being imposed by the ECJ. The fine could total tens of millions of euro, said one source yesterday.
The briefing note suggested that “early engagement with the Minister [Mr Hogan] on this issue will be required.
Under the conservation obligations, the outgoing Fianna Fáil-Green coalition gave a commitment to the European Commission that turf-cutting would cease on 149 raised bogs by 2014. Some 32 bogs were effectively closed last year and there is a commitment to close another 23 this year.
There has been considerable resistance to the closure of the bogs across 10 counties; mostly in the midlands, Galway, Roscommon and Mayo. During the election campaign Fine Gael promised to review the decision to prohibit turf-cutting in the protected bogs. Some of its TDs went further – Roscommon TD Frank Feighan said he would sign in his own blood the future of turf-cutting.
The programme for government committed the Coalition to set up an “independent mediation mechanism” for the 55 SAC raised bogs as well as a similar process to resolve issues relating to blanket bogs.
Peatland protection groups have argued that “domestic” turf-cutting is highly mechanised and involves extensive extraction and excavation for drains that have a destructive effect on the habitat of the bogs. It has also been suggested that turf-cutting has continued in some of the bogs closed for turf-cutting last year.
In a response to a parliamentary question yesterday, Mr Hogan accepted that the EU Commission had been critical of Ireland’s approach and had initiated infringement proceedings.