Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank the Deputy for his contribution. It is important to say the legislation does not abrogate the need for the directive. Birds and animals are and will remain protected. There was a successful prosecution of a case involving hedge-cutting in Monaghan in February. I also acknowledge the practicalities mentioned by Deputy Danny Healy-Rae.

On the curlew, to which Deputy Eamon Ryan referred, our expert is Mr. Barry O'Donoghue who has said burning is not suspected as a significant cause of the population decline, given that localised burning was a traditional practice on the hills throughout the time when the curlew and other species such as red grouse flourished in Ireland.

It is important, when we discuss issues as important as the natural heritage, that we do not scaremonger and that we do not use hyperbole or emotive language in place of looking at the facts. To suggest the provisions of the Bill dealing with burning will threaten the conservation status of certain bird or wildlife species is simply not a fair representation of the facts. Some 14% of the land of the country has been designated under the habitats and birds directives. Burning in any designated area is an activity which requires ministerial consent. Another fact is that it is controlled or managed burning. It is not indiscriminate at any stage or does not occur at any time anybody feels like it.

It is managed burning and it is not indiscriminate. It cannot be done whenever people feel like it, it but must be done in March, for a defined period, limited to certain regions, and with conditions advised to me by the scientific experts of the National Parks and Wildlife Service. Burning in March will only be allowed if it is carried out in accordance with very strict statutory regulations which I will make and which will be designed to protect wildlife and to conserve our natural heritage. The regulations will limit burning to the current year only. Under section 22 of the Wildlife Act, it is an offence wilfully to destroy, injure or mutilate the eggs or nests of any bird species.

The provisions of this Bill are on a pilot basis only and have a limited lifespan of two years. It is important that such things are understood by people on all sides of this debate. I want to see what can be learned during the pilot phase on the role of habitats, species management and the regeneration of burning. I would be more than happy to have the widespread involvement of all stakeholders, especially NGOs which are interested in working with my Department on the issue.

I understand that Michael Viney is not an ecologist.