FRIENDS OF the Irish Environment (FIE) has warned that it will seek a judicial review of any Government decision to continue allowing domestic turf-cutting on raised bogs designated for protection under EU directives.
“The so-called ‘derogations’ are unlawful as a matter of EU and Irish law,” FIE says in its submission to Minister for the Environment John Gormley on his Cessation of Turf-Cutting Scheme. “If they are not withdrawn, we will bring judicial review proceedings.”
It claims that no derogation was ever granted by the EU. “The true situation is that the Government unilaterally arrogated unto itself the power to impose, selectively, the terms of the habitats directive, when it has no such legal right,” the submission says. It says the habitats directive was adopted by the European Council of Ministers in May 1992 and transposed into Irish law in 1997. However, in 1999, the then minister for arts, culture and the Gaeltacht announced a 10-year derogation for turf-cutting.
This applied to bogs that had been identified – although not designated – as special areas of conservation (SACs) under the directive, because of their habitat value. FIE maintains that the derogation was given in response to pressure from the farming lobby.
Despite scientific advice that it would “not be appropriate to extend the 10-year derogation” that expired in 2008, FIE claims that “the Government has done just that” by agreeing to the “phasing out” of domestic turf-cutting in SACs over the coming years.
