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Future Of Turbary Rights Thrown Into Doubt Following Comments From Minister

Thursday, 16 June 2022 07:45

A local TD is concerned at the mixed messaging coming from government.

The future of turbary rights has been thrown into doubt.

That's according to Laois-Offaly TD Carol Nolan, who says she was not provided with any assurances after asking the Agriculture Minister is people with a folio number for a plot of bog would have their right to cut turf protected.

A month ago, Tánaiste Leo Varadkar insisted turbary rights would not be affected by any proposed ban on peat later this year.

But the independent deputy is concerned at the mixed messaging:

In a Parliamentary Question from Deputy Nolan, Minister Charlie McConalogue stated that while the exercise of turbary rights by persons in possession of a folio number for bog plots are subject to lawful regulation by the State, this could in some cases also include a limitation or removal on the exercise of those rights entirely.

Deputy Nolan had sought clarification from the Minister on whether turbary rights might be removed or infringed upon by either the State or any private company or semi-State company in future.

“From a statutory basis it has been absolutely clear since at least 1951 that "right of turbary," in relation to bogland, means a right to cut and carry away turf from the bog-land and includes the right of preparing and storing on the bog-land any turf cut therefrom," she went on to say.

“Now we are in a situation where a Minister is unable or unwilling to provide a basic assurance that even persons in possession of a folio number for bog plots with associated turbary rights will have that right protected.”

The full parliamentary question and answer reads as follows...

______________________________________________
For Written Answer on : 14/06/2022
Question Number(s): 1968 Question Reference(s): 29252/22
Department: Agriculture, Food and the Marine
Asked by: Carol Nolan T.D.
______________________________________________

QUESTION

To ask the Minister for Agriculture; Food and the Marine if persons in possession of a folio number for bog plots will not have their turbary rights removed or infringed upon by either the State or any private company or semi-State company; and if he will make a statement on the matter.

REPLY

I wish to advise the Deputy that in the absence of case-specific details, it is only possible to provide an answer to this question in general terms.  

As a general principle, it is settled law that private property rights (including turbary rights) are not absolute in nature and may be delimited by law, as occasion requires, with a view to reconciling their exercise with the exigencies of the common good.

Accordingly, the exercise of turbary rights by persons in possession of a folio number for bog plots with associated turbary rights are subject to lawful regulation by the State which could in some cases include a limitation or removal on the exercise of those rights.

In the circumstances, it is not possible to give the Deputy the assurance sought on behalf of persons in possession of a folio number for bog plots with associated turbary rights.  

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