Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

The Minister’s obligations in respect of protected habitats and species is already provided for in existing legislation through the European Communities (Birds and Natural Habitats) Regulation 2011 which gives effect to the EU Birds and Habitats Directives. These regulations already require the Minister to carry out detailed assessments of the potential impact of forestry projects and plans on protected habitats and species before deciding whether to grant a licence or approval for a project or plan. Consideration of the "in combination" effect of projects and plans is an integral part of these assessments and is also provided for in that legislation.

Section (11) paragraphs (d) and (e) already make clear references to the Minister’s responsibility to ensure compliance with the EU Communities (Birds and Habitats) Regulation 2011 in the performance of his or her duties. I am informed that duplicating legislative provisions already contained in other complementary legislation poses an unnecessary risk of creating confusion and contradictory interpretations. A clear reference to the other legislation is sufficient and preferable. I take the view, therefore, that the proposed amendments are unnecessary and I cannot accept them.

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