Check Against Delivery

Joe Higgins, Clare Daly, 

I welcome the opportunity to affirm the reasons for the Garda involvement in relation to the matters in question. I think it speaks volumes that the matter raised by the Deputies refers to 'the use of state forces in Clonmoylan Bog.'

This is no more than an emotive attempt to denigrate public servants who are simply doing their job.  Let me say clearly at the outset that I support fully the efforts of An Garda Síochána to deal with a difficult situation not of their making.  They recognise the strength of feeling of those involved in the protests and have no desire for a confrontation with them.  But, as guardians of the peace, they have a duty to see that the law is observed. 

Of course, carrying out this difficult duty is not helped by Deputies in this House who consistently act as if obeying the law is a matter of choice; that if persons don't approve of a law they have no obligation to obey it.  However it is dressed up, that approach flies in the face of democracy and the rule of law.  And the Deputies are simply fooling those who they claim to support by implying that a failure to obey the law will change the facts of the situation.

The background to these most recent events is well known.  Further to Ireland’s obligations under EU law to protect rare and threatened habitats, it has been overwhelmingly clear for some time that turf cutting of Ireland’s 53 raised bog Special Areas of Conservation could not continue.  The Government has put in place a compensation package for those affected involving the option of a financial payment over 15 years or relocation.   This process is in place under an independently chaired Peatlands Forum and I understand that the vast majority of those concerned are constructively engaging along these lines and this is very much to be welcomed. 

Ministers Jimmy Deenihan and Phil Hogan have also met with the European Commissioner for the Environment and secured his agreement that a National Raised Bog SAC Management Plan should be developed over the coming 12 months.   This was a major step forward and in keeping with a motion adopted in this House.  The plan will be wide ranging and will address each of the 53 sites, looking at the practical aspects of conserving, restoring and managing the affected bogs. The plan will also allow solutions for affected turf-cutters to be explored in detail, including continued cutting in exceptional circumstances, if the tests of the Habitats Directive can be met.

Notwithstanding these developments, and the unambiguous legal position, cutting has continued in a number of what seem to be organised instances.  This activity is misguided but I dare say encouraged by grandstanding by some in this House and elsewhere.  In these instances, the National Parks and Wildlife Service has a duty to uphold and enforce the law and it has endeavoured to do so in a sensitive fashion and with care to avoid unnecessary confrontation.  The Gardaí have maintained close liaison with the National Parks and Wildlife Service to ensure that law and public order are upheld.

Turning to the events near Portumna, I understand that the National Parks and Wildlife Service legally impounded some equipment at Clonmoylan bog giving rise to protest.  In view of the circumstances and the large number of people involved, a significant number of Gardai have been present there to ensure that the law is upheld.

Policing is, of course, an operational matter for An Garda Síochána and in situations such as that at Clonmoylan Bog, it is a matter for the Garda authorities to decide on the appropriate deployment of personnel and the relevant policing strategy. I, as Minister, have no direct role in such matters, but I have every confidence that the Gardaí are carrying out their duties in a fully professional manner. 

The House will appreciate that the situation at Clonmoylon is evolving.  However, the latest briefing I received before coming into the Houses indicated that the Gardaí, in the discharge of their duties, have removed a piece of equipment for the purposes of technical examination, with a view to preparing a file for the Director of Public Prosecutions.  On conclusion of that examination it is intended to return that equipment to its owners on the basis that it will not be used in breach of the law.  I understand the protest has ended.

Neither the Gardaí, nor the Government, have any difficulty with peaceful protest.  But people do not have a right to break the law or obstruct those implementing it.   I would encourage those involved in protests to step back from unlawful activity and engage, as others have done, with the process in place.  The Government maintains an open door for engagement to find accommodation for turf cutters within the law.  Quite apart from anything else, this would allow the Gardaí get back to meeting the ordinary policing needs of our communities, for which they have my support and that of the public at large. 

ENDS