Getting bogged down

The dispute between the Government and the turf cutters is entrenched as both sides engage in a battle of words and wills, writes Conall Ó Fátharta

Teddy Byrne, Kildare, protesting at the Dáil. Heritage Minister Jimmy Deenihan has threatened legal action against anyone who cuts in protected bogs.

Turf being cut in Co Kerry in 1974. Cutting is no longer allowed on 53 raised bogs, and this will increase to 75 by 2013.

IRELAND could face fines of €25,000 a day and further legal action from the EU if turf-cutters decide to resume cutting turf on 53 protected raised bogs this weekend.

The latest threat from the turf-cutters follows a decision by the Government and the EU earlier this week to reject a Turf Cutters and Contractors’ Association (TCCA) proposal and implementation strategy to help deal with the issue. The proposal focused on a three-year phased transition period.

The rejection of the proposals led to the TCCA withdrawing all contact and co-operation with the Government and the Peatlands Council. It also asked all of its local bog committees to break off contact with the National Park and Wildlife Service (NPWS) and government officials.

In short, the TCCA issued a call to arms to its members to keep cutting turf on the 53 protected raised bogs and in doing so re-ignited a row that has been ongoing since May 2010.

“We believe that in honour of the 1916 Rising, its leaders, its spirit of Irish freedom and independence, that Easter Week would be the ideal week to strike for freedom and exercise your turbary rights (ie, rights to cut turf) in the time-honoured Irish tradition,” said the TCCA in a statement.

The strength of the statement, along with the threat of fines and legal action from the EU, underlines how acrimonious an issue this has become for the Government.

However, apart from the arguments on both sides, the real question is how it was let reach this stage by successive governments. The problem goes back to our signing up to the EU Habitats Directive in 1999, which obliged Ireland to protect active and raised bog habitats and to work to restore them to their original state.

About 130 special areas of conservation (SACs) were identified, some of which were owned by Bord na Móna and Coillte. The NPWS now owns some of these sites, while the EU funded Coillte to restore the bogs in its ownership.

The other primary stakeholder in the SACs are people with rights to cut turf dating back centuries. However, instead of tackling the issues at the time in 1999, then heritage minister Síle de Valera introduced a 10-year derogation giving turf-cutters a decade to stop cutting turf. The State also offered to buy the plots or swap their plot for a nearby turf bank outside the conservation areas.

However, turf-cutters, angry at the lack of consultation with them on the derogation, simply continued as before and cut their turf while the then government seemed happy to put the issue on the long finger.

The EU was not happy with the derogation and took infringement proceedings against the government in 1999 claiming that the move was illegal. It also took a case against Ireland in January of this year.

The State announced the end of the derogation in 2010 and cutting is no longer allowed on 53 raised bogs. This will increase to 75 by 2013.

So what does the science say? According to a government-funded four-year report by the EPA, despite peat soil covering about 20% of Ireland, very few peatlands remain in their natural state, while no intact raised boglands survive. As well as acting as a long-term carbon store, peatlands were identified as Ireland’s “last great area of wilderness”.

The current Government set up the Peatlands Council to try and solve the problem.

Last month, Heritage Minister Jimmy Deenihan offered an increased compensation package to turf-cutters in the 53 bog areas of €1,500 per year over 15 years. All qualifying turf-cutters participating in the scheme will also receive a once-off payment of €500 in the first year of the scheme.

As an alternative to payment, relocation has been offered, where feasible, to an alternative non-designated site to continue cutting turf. Turf-cutters can also opt for a delivery of 15 tonnes of turf for up to four years for each year until their relocation bog is ready.

However, in the wake of the TCCA’s withdrawal from talks, Mr Deenihan has threatened legal action against turf-cutters who flout the ban this weekend.

“Obviously, in time, court cases will be taken and people will be brought to court. We will have to apply the law, otherwise Europe will impose major fines on Ireland, €25,000 a day could result in a fine of €9m in one year. If we are not seen to be implementing the directive which Ireland signed up to, then we will be taken to court,” he said.

However, Roscommon TD Luke “Ming” Flanagan, the PRO of the TCCA, said the Government and EU were making a mistake by rejecting its proposals.

“I think everyone who was cutting turf last year will be cutting turf this year. The bogs that come under the SCAs affect about 5,000 families.

“Under our proposals, my family were willing to leave the bog that we have cut turf on for over 100 years and our chairperson was willing to leave his bog, yet the Government rejected this. I think it was a big mistake.”

Mr Flanagan also dismissed the ministers threat of legal action against turf-cutters who insist on flouting the ban.

“There are times when you have to defend your rights and as far as we are concerned, we are willing to take the consequences in order to defend those rights.”

It seems the battle for the bogs has a distance to run yet.