Papers Today

// EC warning on peat-cutting ban

The European Commission has warned the Government over enforcing the turf-cutting ban on protected bogs
The Government faces being hauled before the European Court of Justice unless it immediately enforces a ban on turf-cutting on protected bogs.

The European Commission claims it has aerial photos suggesting raised bogs in the Midlands are still being harvested for peat despite a Government imposed ban.

Thirty-two sites in the West and Midlands were shut down last year with local landowners barred from cutting fuel and offered 1,000 euro a year for the next 15 years.

A Commission spokeswoman said: "The evidence that has come is that the cutting has been going on in the meantime. There's been no change. So they (Irish Government) issued the ban, but the ban is not being enforced."

The Commission sent a warning letter to the Government in January and received a response in early May which gave assurances that the ban would be enforced.

But around a fortnight later Friends of the Irish Environment sent a detailed report to the Commission with photos allegedly showing large-scale machine cutting was still taking place.

The Commission will now send the Government a reasoned opinion - a final deadline notice giving Ireland one month to comply. If the issue is still not resolved Ireland will be brought before the European Court of Justice and could face multimillion euro fines.

There are more than 1,500 raised bogs in Ireland and 139 of these have been designated for nature protection.

The Friends of the Irish Environment said it has provided the Commission with two reports over the last 18 months - one allegedly showing industrial extraction from unprotected raised bogs in the Midlands and the other on continued cutting on the country's most protected bogs.

A spokesman said: "The level of mechanical destruction we have recorded is savage. Even our own members were shocked at the scale of what is going on."

Thursday, 16 June 2011

Other media:

rish Times
EU threatens court action over illegal turfcutting
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.
17 Jun 2011
The Irish Times
PAUL CULLEN

Independent
Government faces European court over turf-cutting policy

The Government faces being hauled before the European Court of Justice unless it immediately enforces a ban on turf-cutting on protected bogs.

The European Commission claims it has aerial photos suggesting raised bogs in the Midlands are still being harvested for peat despite a Government imposed ban.

Thirty-two sites in the West and Midlands were shut down last year with local landowners barred from cutting fuel and offered €1,000 a year for the next 15 years.

A Commission spokeswoman said: "The evidence that has come is that the cutting has been going on in the meantime. There's been no change.

"So they (Irish Government) issued the ban, but the ban is not being enforced."

The Commission sent a warning letter to the Government in January and received a response in early May which gave assurances that the ban would be enforced.

But around a fortnight later Friends of the Irish Environment sent a detailed report to the Commission with photos allegedly showing large-scale machine cutting was still taking place.

The Commission will now send the Government a reasoned opinion - a final deadline notice giving Ireland one month to comply.

If the issue is still not resolved Ireland will be brought before the European Court of Justice and could face multimillion euro fines.

There are more than 1,500 raised bogs in Ireland and 139 of these have been designated for nature protection.

Since the end of last year bans have been put on 32 raised bogs in Cavan, Meath, Galway, Offaly, Tipperary, Kerry, Kildare, Mayo, Sligo, Mayo, Roscommon, Westmeath and Longford.

Another 24 bogs will be shut down at the end of this year in Laois, Kildare, Roscommon, Westmeath, Meath, Clare, Galway, Longford, Kerry, Tipperary, Mayo and Sligo.

The Friends of the Irish Environment said it has provided the Commission with two reports over the last 18 months - one allegedly showing industrial extraction from unprotected raised bogs in the Midlands and the other on continued cutting on the country's most protected bogs.

A spokesman said: "The level of mechanical destruction we have recorded is savage.

"Even our own members were shocked at the scale of what is going on."

- Colm Kelpie
By Colm Kelpie
Thursday June 16 2011


Examiner:
EU cites aerial photos as evidence of turf cutting in protected areas

THE European Commission does not accept that measures taken by the Government to protect raised bogs from being cut illegally are effective.

The commission said there is "ongoing concern" about peat extraction on "numerous" protected sites claiming it has aerial photos suggesting raised bogs in the midlands are still being harvested for peat.

This is despite a provisional agreement being reached in recent weeks, hammered out by the Peatlands Council, which brought about an immediate cessation of turf cutting.

However, turf cutters still need to be adequately compensated and this is proving to be an arduous task.

The Peatlands Council and the Turf Cutters Association are working to address all 6,000 or more turf cutters to see how they want to be compensated.

Active turf cutters are being asked to indicate their preference for relocation to an alternative bog or for a financial package, totalling a maximum of €15,000 over 15 years.

According to the Department of Arts, Heritage and the Gaeltacht, qualifying turf-cutters will be facilitated in relocating to alternative sites where feasible.

A pilot project is under consideration by the department, Bord na Móna and turf cutters on Clara Bog, Co Offaly.

According to the department, the scheme is breaking ground but it is very difficult to see how it will pan out.

"The land swap issue is the most complicated part of this and the project in Clara will inform what happens. There are no hard and fast rules."

The department said it may have to purchase or lease bogs from private owners or Bord na Móna, but it has not yet been decided where this money will come from.

Officials said despite claims to the contrary, no EU funding had been given to Ireland in the past to specifically deal with the issue of turf cutting.

A spokesperson said: "Ireland receives substantial funding from the EU under the Rural Environment Protection Scheme.

"At present this funding is not used to compensate turf cutters in these sites.

"Funding for the compensation of turf cutters in sites where continued turf cutting is no longer possible for reasons of environmental protection presently comes from the Environment Fund."

Ireland faces massive EU fines if turf cutting is found to be continuing on protected raised bogs.
 
This appeared in the printed version of the Irish Examiner Friday, June 17, 2011
Jennifer Hough
Friday, June 17, 2011