Two Leitrim turf cutters have had their appeal challenging the transposition of the EU habitats directive into Irish law dismissed by the Supreme Court.

Gerry Gearty and Seán Beirne have traditionally exercised turbary rights at Cloneen Bog in Co Longford and were charged with allegedly refusing authorised officers of the Minister for Heritage access to their privately-owned bogland to carry out an inspection of the land.

The men alleged that the European Communities Act 1972, which gave effect to the EU habitats directive, is an infringement of the “sole and exclusive power of making laws for the state” in the constitution.

They argue that the Oireachtas has no power to create an indictable offence other than by way of primary legislation.

Measures

The measures applicable to this case are the prohibition of turf cutting in many instances and a duty to allow authorised officers to enter on to and inspect the state of privately-owned boglands.

The two men face charges for the alleged obstruction of gardaí and National Parks and Wildlife Service officers who sought access to their bog in June 2012.

Mr Justice Garrett Simons dismissed their claim in the High Court in 2023. However, the Supreme Court granted leave to make an appeal later that year.

It was decided that the appeal should centre on the single issue of whether it is constitutionally permissible for a minister of the government to create an indictable offence by regulations made under the European Communities Act 1972.

The respondents - the Director of Public Prosecutions, the Minister for Heritage, the Attorney General and Ireland - argued that EU member states must act to preserve bog habitat eco-systems as carbon sinks.

On Thursday 17 October, a five-judge Supreme Court ruled unanimously to dismiss the appeal and affirm the High Court order.