Statement from Department of Housing, Local Government and Heritage on Ireland’s referral to the European Court of Justice (ECJ)

Today (13 March), the European Commission decided to refer Ireland (INFR(2010)2161) to the Court of Justice of the European Union for an alleged failure to apply the Habitats Directive - Directive 92/43/EEC - to protect sites designated for raised bog and blanket bog habitats from turf cutting. The Habitats Directive requires Member States to ensure that their most precious species and habitat types are maintained, or restored, to a favourable conservation status within the EU.

Ireland has proactively engaged with the European Commission and stakeholders in relation to alleged breaches and stands ready to defend its position. The state has invested significantly since 2011 in the conservation and restoration of our peatlands. Additional progress has been achieved over the past two years in collaboration with stakeholders and turf cutters. This includes:

• an overall decrease in turf cutting. There has been a complete cessation of turf-cutting on almost 80% of the raised bog SACs since 2011 and a reduction of almost 40% on 2022 turf cutting levels in 2023 on raised bogs. Further reductions are expected this year as a result of discussions ongoing presently with turf cutting contractors and their representatives. This is a site by site and season by season endeavour and huge progress is being made by negotiation and agreement
• a total of 2928 applicants in receipt of the Cessation of Turf Cutting Compensation Scheme in National Heritage Areas (NHA) and SAC. This figure includes 2454 on SACs
• a ramp up of the peatlands restoration programme on both the raised and blanket bog SAC network is underway with hugely significant acreage under active restoration
• the successful incorporation into Ireland’s Common Agriculture Policy Strategic Plan of a Results Based Payment System model and roll out to 20,000 farmers under the ACRES scheme on 55 blanket bog SAC

Initial scientific analysis shows an improvement in habitat quality on raised bog SACs and that the level of active turf cutting on the blanket bog SACs is lower than previously considered.

The department will carefully consider the details of the case once papers are received from the European Commission regarding its referral to the Court of Justice of the European Union. In the meantime, the department will continue to implement, prioritise, and advance measures to conserve our protected peatlands in consultation with stakeholders.