The decision by the state not to prosecute two turf cutters, who had been charged with cutting turf on protected bogs, underlines the “progress” that has been in Ireland on the future of turf cutting, Independent TD, Michael Fitzmaurice has said.

Fitzmaurice, who is also chair of the Turf Cutters and Contractors Association (TCCA), has welcomed the decision by the state not to proceed with a case against two men who had charges brought against them for cutting turf on protected bogland, near Ballymoe in Co. Galway, nine years ago.

The office of the Director of Public Prosecutions told Galway Circuit Criminal Court yesterday (Wednesday, November 3) that it was no longer willing to pursue a case against Patrick Lavin, from Frenchpark, Co. Roscommon, and Thomas Ward, from Gort an tSléibhe, Claregalway.

Both men had pleaded not guilty in 2015 to a charge of cutting turf on a protected bog.

The case was dismissed at Galway Circuit Criminal Court yesterday.

Fitzmaurice said the outcome of the case underlined the progress that had been made on resolving ongoing issues relating to turf cutting.

He told Agriland :

“Over the last seven years there has been a lot of good work done and we’re now in a very different place. It is important to recognise that resolutions have been found on a lot of issues.

“We (TCCA) as an organisation are really committed to working with the National Parks and Wildlife Services on a case by case basis to make further progress.

“In the last couple of years there has been a lot of constructive engagements with many parties – not just the National Parks. We have worked together and we’ve put solutions together and that shouldn’t be dismissed. At the end of the day it is important to understand that ordinary people have a right to cut their own turf for their own use.”

He said that the “legacy” of turf and the place it occupies in rural Ireland must be acknowledged.

But Fitzmaurice said he is “fearful” that the European Commission does not fully understand the “constructive” efforts that are underway in Ireland to resolve issues around turf cutting.

“We need to find solutions around the cutting of turf because it is part of a way of life – it is part of our heritage and tradition and I fear the commission is trying to dictate people’s livelihoods,” he said.

He said the EC was sourcing opinions without understanding the complexities of the issues, adding:

“I don’t want to see the whole process stalled – there’s a massive amount of work that has been done on all sides and there has to be a future that recognises the concerns of both sides, a lot of good work has been done that could be undone by if it is left just in Europe’s hands.”

The EC Commission has repeatedly asked Ireland to take action to stop the cutting of peat within special areas of conservation (SACs) designated to conserve raised bogs and blanket bogs under the Habitats Directive.

Fitzmaurice has said that the TCCA has “demonstrated” how the objectives of the Habitats Directive can be met while ensuring that there is also a place for domestic turf cutters.

The Irish government had previously designated 139 raised bogs for protection in 53 SACs.

The EC has been critical of “ongoing cutting” on bogs in Ireland and said recently that “enforcement action” by the government appears to have stalled.

Earlier this week a ban on selling turf came into effect although it does not impact on people who have “turbary rights” which is the right to cut turf for their own use, sell it or give it as a gift.