Minister taking turf from the poor, says judge

A judge says Heritage Minister Jimmy Deenihan is “taking turf from the poor of Longford”.

Judge Seamus Hughes made his comment as he castigated a directive from the minister’s department that turf at the centre of a district court case must be left in a bog rather than distributed to the poor of Longford.

He was hearing a case of two brothers who were before Longford District Court charged with carrying out works on a national heritage area (NHA) that damaged the environs.

Michael King, of Currabawn, Drumlish, and James King, of Knockmartin, Longford, were charged in regard to the cutting of turf at two separate locations on Apr 4 in bogs designated NHAs.

Previously, the judge said the turf that was cut is sitting in the bog and is an asset to be used. He suggested the defendants remove the turf and donate 10 loads to St Vincent de Paul. He had adjourned the matter to see if the charity was in a position to take the donation of turf.

The judge said that if the defendants co-operated in restoration the bog, donated the 10 loads to the charity, and that all this was done before the matter came back before the court, the charges would be struck out.

The area in question is an NHA, designated as such in 2004. Under the existing derogation, the owner can apply for permission to cut turf. In this instance, permission was not sought.

However, when the matter came before the court, Michael Hackett, district conservation officer for Co Longford, said the department was objecting to the removal of the turf as there were concerns that the area would be further damaged.

He said it was the view of the department that the bog needed to be restored, and that if the turf was removed by mechanical means if would have a negative impact on the environment.

The judge asked the witness: “Are you telling me someone wishes to put the turf back in the bog?”

Mr Hackett said the department wished to see the turf put back into drainage ditches that had been dug. The judge said that whereas he did not condone the damage to the bog, he felt that as the turf had been reared it should be used. Judge Hughes indicated that there was a suggestion that he would come under judicial review for his decision.

Adjourning the matter for one week, Judge Hughes said: “I want to ask the minister will he allow me to have this turf distributed to the needy people of Longford?”