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

I move amendment No. 56:

In page 13, to delete lines 21 to 30 and substitute the following:“(a) the owner or manager of a forest, requiring him or her to furnish to the Minister within 28 days or such longer period as may be specified in the notice, such particulars in relation to the forest, including the area, species, numbers and volumes of trees felled during a specified period, and such other information as may be specified in the notice;”.

This section is important for the collection of statistics and information on the national forest estate and it will complement national and European Union reporting requirements. The collection of information on forests will also provide information to the Minister on how forests are being managed and will help to determine the direction of future policy, including the provision of financial support and incentives.
I have listened to stakeholders' comments and I am introducing amendment No. 56, which highlights the main information that forest owners may be required to supply. The collection of data will mainly relate to information on timber felled. I believe that the amendment while not addressing all the issues of concern to landowners does go some way to reducing the burden on them. I do not propose to accept amendments Nos. 57 and 58. I reiterate the importance of the legislative provision in this regard for the collection of statistical information on the national forestry estate which complements national and EU reporting requirements. For this reason I cannot agree to the removal of the section. Although owners or managers may be required to furnish such information within 28 days, a longer period will be specified in such notices depending on the practicality of complying with such information. For example, when a licence is issued to fell timber the forest owners may be required to provide information on the trees actually felled and confirm that replanting has taken place as specified in the licence. This information is important to determine the level of felling activity and replanting that has taken place in connection with the licences that have issued. The timelines required to provide such information will depend on several factors, such as the level of felling activity or the size of the property. I emphasise that any timelines specified in any notice will provide sufficient time for forest owners to compile such information.
I acknowledge the Deputy's intention in amendments Nos. 59 and 60 to limit the 28 day requirement to investigate the alleged offences. My preference is to stick with my amended wording for the section. Although owners or managers may be required to furnish information within 28 days, I assure Deputies that a longer period will be specified in notices where the practicality of complying with such information demand it. It is not my intention to place unreasonable demands on anyone and the timescale for receipt of information will reflect the complexity and the need to collate the information required.
I believe the proposal in amendment No. 61 to limit the requirements to information that is readily available is far too loose and would make the provision of information discretionary rather than mandatory. Under the proposed wording a person could, at any time, claim that the information was not available.
The amendment in respect of commercial sensitivity of information supplied is also subjective and could obstruct the investigation of alleged offences or compliance with the relevant statutory provisions by authorised officers. In the circumstances I cannot agree to this amendment.
Under amendment No. 62, I am reducing the fine which applies to a person who fails to comply with a request under the section from a class A fine to a class E fine, that is, a reduction from €5,000 to €500.