Courts / Kerry / Report

Kerry man loses bid to halt prosecution for cutting turf on protected bog

Date
2017-03-20

Stage
Appeal

Primary locality
Listowel

County
Kerry

Summary

Christopher McCarthy, 29, of Kilbaha, Moyvane, Co Kerry, was charged with unauthorised turf‑cutting on Moanveanlagh Bog, a protected area outside Listowel. He and another man faced a High Court case that sought to halt their prosecution. The Court of Appeal, led by Mr Justice Garrett Sheehan, dismissed the appeal, ruling that the Minister had acted within his powers to create the offence under the Habitats Directive. The judges noted that the offence was necessary to enforce EU obligations and that criminal sanctions could be imposed by statutory instrument. McCarthy's counsel argued that only primary legislation could create such sanctions, a claim rejected by the court. The case remains at the Kerry Circuit Court, where the men are due to appear for the alleged extraction of peat, which could carry a maximum three‑year jail term or a fine up to €500,000.

Who, what, where, when and why

What: Report matter: Kerry man loses bid to halt prosecution for cutting turf on protected bog. Charges or matters: unauthorised turf-cutting on a designated area of conservation, Moanveanlagh Bog, outside Listowel. Procedural stage: appeal

When:

September 2011 Incident
August 2015 Hearing Or Sentence
1997 and 1999 Other
2017-03-20 Publication

Why: Counsel for Mr McCarthy, Michael Lynn SC, maintained that because the Habitats Directive fails to specify that criminal sanctions can be imposed for a breach of the Directive, the Minister has no power to introduce criminal sanctions by way of statutory instrument as has bene done in this case but rather criminal sanctions must be introduced by way of primary legislation (enabling the Oirechtas to scrutinise such legislation). CNI source report