2026-05-19

156. Deputy Louis O'Hara asked the Minister for Housing, Local Government and Heritage if he will issue an order to allow the cutting of turf at bogs (details supplied); and if he will make a statement on the matter. [36514/26]

Will the Minister of State issue an order to allow the cutting of turf at Ardgraigue, Clonmoylan and Barroughter bogs in County Galway? Many representations have been made by other elected representatives and me on this so I imagine the Minister of State will be aware of the situation there.

I thank Deputy O'Hara and am aware of the representations that have been made by him and other Oireachtas Members from that area about these three particular bogs. The EU directive on the conservation of habitats, flora and fauna, commonly known as the habitats directive, requires all member states to select sites for the protection of habitats and species considered threatened in EU territory. Annex I of the habitats directive lists active raised bogs as priority habitats in danger of disappearing from the EU. Under the habitats directive, member states shall designate selected sites as special areas of conservation and shall take appropriate steps to avoid the deterioration of natural habitats within them. The bogs referred to are special areas of conservation and wetland ecosystems of high ecological value. The main threats to their conservation arise from any actions that remove the vegetation, drain water or cause them to dry out. In the case of active raised bogs, average water levels need to be close to the surface for most of the year to survive. Turf cutting involves the direct removal of peat and the vegetation on top and associated drainage compromises the hydrological integrity of these protected bogs by lowering the water table. These changes to the bog structure do not only result in the loss of the unique raised bog ecology but under certain conditions can influence the hydrology of the bog and its surrounding landscape. Arising from this legal obligation on the State to ensure these sites are adequately protected, and due to the damaging effect of turn cutting and associated drainage on these protected bogs, as Minister of State, I am legally prohibited from granting consent for activities which will have an adverse effect on the integrity of these sites. Under a compensation scheme introduced by the Government in 2011, €8.9 million has been paid to date to eligible applicants in the three SAC bogs in question. On average, each eligible turf cutter across these bogs has received a payment of €24,085, which is exempt from capital gains tax.

In early 2025, a local turf cutting contractor was served with a High Court injunction to cease the harvesting of turf. As a result of this action, many local people who rely on turf to heat their homes were left without a supply for last winter. As we are currently in the turf cutting season, these families are facing the same issue due to the fact that there is no contractor to cut their turf because the injunction remains in place. Approximately 40 families are affected. What is happening is causing significant distress. Many of them are elderly. They have cut turf in these bogs for years, rely on this fuel to heat their homes, are watching their supplies dwindle and have no affordable alternative. Under the existing legislation, the families could be allowed to harvest the turf if the Minister of State signed an order. On behalf of the affected families, I ask him to do that or, at the very least, to meet with them, discuss the issue and try to find a resolution to it. I cannot emphasise enough the distress that this is causing and the anger that is felt by these families, who have not signed up to the scheme the Minister of State mentioned earlier.

I reiterate that, as Minister of State, I am legally prohibited from granting consent for these activities for the reasons I outlined. These are special areas of conservation. They were designated so for a reason. Any cutting and removal of turf or any drainage or removal of top soil from this site would completely compromise its integrity and affect the species there and the habitat. I cannot comment on any court injunctions or proceedings, as the Deputy will understand, but I will say - and I have already relayed this to Senator Rabbitte and Deputy Dolan, who also made representations - that the NPWS does have a facility. We do not want anybody to be cold or to not get access to heating. There are procedures whereby the NPWS can help people in terms of getting support, but I cannot permit cutting on the bog. It is as simple as that.

No help has been provided to the families in this case. I understand that the bogs been designated as SACs. There are significant concerns around how these bogs were designated that I have outlined here before and have written to the Minister of State about, but I still have not received any real explanation. It is important to say that the people who are affected have not accepted payment through the scheme to allow rewetting and so on because they want to continue cutting turf on their bogs. The Government has said that these schemes are voluntary, but the families involved are being forcibly prevented from cutting turf by the Government. I cannot understand how the Government can justify a situation where predominantly elderly people are being left without fuel to heat their homes, especially during an international fuel crisis, not just last winter but also, as seems likely, next winter. That is the consequence of this. I am simply asking the Minister of State to meet with the affected landowners in order to find a solution to this matter. Will he give a commitment that he will facilitate that request and meet with the families affected?

By law, I am not permitted to allow cutting on the bog in question. It has been designated. A process was undergone. The Deputy can question how that process was conducted, but this is now a designated SAC, By law, I have to make sure that the integrity of the site and the habitat remains intact. As a result, I am not allowed to permit cutting there. A total of €8.9 million was paid out in respect of the three bogs referred to by the Deputy. In total, €97 million has been paid out under the cessation of turf cutting scheme, which has worked for the vast majority of communities and led to those with turf cutting rights receiving payments but also to the integrity of these bogs and habitats being maintained. I reiterate that I cannot permit cutting on these bogs.