Written answer
Environmental Policy
1568. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage the steps being taken in response to the referral of Ireland by the European Commission to the Court of Justice of the European Union in June 2026 for failure to comply with the Environmental Impact Assessment Directive in respect of peat extraction projects; the reason enforcement action is not being taken by local authorities against unauthorised peat extraction, in view of the evidence of the Environmental Protection Agency to the Joint Committee on Agriculture that significant extraction is occurring without planning permission or environmental impact assessment, particularly on sites below 50 hectares, despite 226 enforcement inspections by the Agency between 2021 and 2026; and if he will make a statement on the matter. [56558/26]
Comment on this
The powers of planning authorities to enforce planning control and deal with breaches of planning law are currently provided for under the Planning and Development Act 2000, which obliges all planning authorities to investigate and follow through on any complaint of unauthorised development. The key objectives of planning enforcement are to bring unauthorised development under control, remedy its impacts, and potentially take legal action where necessary.
The EU Commission had raised concerns that while the national legislation provides a framework for the application of the EIA Directive to peat extraction activities, the Directive is not being applied in practice.
On 04 June 2026 the EU Commission announced its decision to escalate the Infringement from reasoned opinion and to refer Ireland to the Court of Justice of the European Union (CJEU) for failing to properly regulate the extraction of peat in Ireland.
While formal papers are yet to be received from the EU Commission, prior to the notification from the Commission, my Department has been working with the local authorities concerned to seek to address the issue of enforcement of unauthorised peat extraction more generally. In that context, a Steering Group comprising of representatives from this Department and the Local Authorities (via the CCMA) has been established to provide a coordinated national response (with appropriate state backing and resources) to the challenges of enforcement of unauthorised peat extraction and quarrying. The Group has met and draft Terms of Reference are currently being finalised.
In addition, as part of the work of the Steering Group, consideration is being given to the establishment of a Regional Enforcement Authority (REA), to enhance the enforcement of peat extraction legislation, by providing for regional enforcement, on a potential shared service basis across Local Authorities.