Labour Party Senator and barrister, Lorraine Higgins, has questioned Minister for the Arts, Heritage and the Gaeltacht, Jimmy Deenihan, on the legality of the turf compensation scheme offered to those with bogs on Special Areas of Conservation (SACs).

Speaking in the Seanad today Senator Higgins said: "Minister, I would like to ask you if you have any concerns with the legality of the turf cutting compensation scheme set up to address those with bogs located on a Special Area of Conservation, who are now prohibited from cutting turf by virtue of an EU Directive.

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"This scheme, devised by your Department, offers a lump sum payment of €1,500 a year for 15 years, yet it doesn't take into account the amount of acres that a turf-cutter has rights over or, that there may be more than one family drawing off the same plot. It is clear it is arbitrary in application in that it doesn't matter whether you have one acre of bog or twenty acres you still get awarded the same amount.

"And to award the same two people the same amount of money irrespective of whether one of those people has one acre of bog and the other 20 acres of bog is unfair, unreasonable and could well be in breach of their constitutional rights. The State should not be interfering in bog-owners property rights without having an adequate compensation scheme in place which would be a rising scale according to acreage ownership.

"Having looked at the compensation scheme, do you think it is fair and reasonable?"

The Minister confirmed that as part of a national plan he is considering the position of large land-holders and how this matter will be addressed.

(CD/JP)