Mr. Neil Foulkes:

I represent the Hedge Laying Association of Ireland, HLAI. I thank the Chairman and committee members for the invitation to present our case on the potential changes to the Wildlife Act as proposed in the Heritage Bill 2016. The HLAI is a voluntary group, the principal aim of which is to encourage and facilitate the conservation, protection and appropriate management of hedgerows. My submission relates primarily to sections 7(2) and 8 of the Bill.

The Heritage Bill amends the Wildlife Act, the principal purpose of which is to conserve wildlife. In that context, the biodiversity and nature of this country are under threat. Some 28% of breeding bird species are in decline, with many pollinator species at risk. Some 31% of habitats are in decline, with less than one third of hedgerows surveyed in county hedgerow surveys considered to be in favourable condition. The proposers and supporters of the Bill do not even suggest the proposed changes will improve the level of wildlife protection. There is nothing positive in the Bill for the protection of hedgerows and the wildlife that depends on them. On the contrary, the level of wildlife protection will be diminished. Cutting a hedgerow in the period from March to August impinges negatively on its overall value to wildlife. Any suggestion a hedge can be cut without impacting on wildlife is not credible. It is simply a question of the degree and nature of the impact.

The HLAI fully recognises that in both Irish and European law matters of public health and safety are the over-riding public interest and take precedence over wildlife conservation. Having said that, we must acknowledge that a negative impact on wildlife is an inescapable consequence. Morally and legally, we are obliged to limit the consequences to no more than what is absolutely necessary. The birds directive provides a framework for the safeguarding of wild birds within the context of public health and safety. We contend that the structure of the Heritage Bill does not adequately reflect these provisions.

In examining the Bill we need to be conscious not only of the spirit and intent but also the letter of the law. We believe the Bill is internally inconsistent. Section 7(2) grants a partial regulated exemption from the provisions of section 40 of the Wildlife Act for a trial period of two years.