Dr. M?che?l ? Cinn?ide:

Go raibh maith ag baill an choiste as ucht an deis a bheith anseo inniu chun moltaí ó thionól na saoránach a phlé. I am speaking in a personal capacity but drawing on my experience as a member of the expert advisory group on the Citizens’ Assembly on Biodiversity Loss, and previously as a senior manager with the EPA, the Marine Institute, fishery boards and the Department of the marine.

Based on hearings held by the committee since September, it is clear there are some positive developments as regards protection of nature that address some key concerns of the assembly, particularly: the fourth national biodiversity action plan, to be placed on a statutory footing, which we heard last week is due out in quarter 1 of next year; the nature restoration plan, which is due out in 2026; the river basin management plan for 2024-27, which again is delayed, but I think it is due in the first quarter of next year; and the draft Bill on marine protected areas. These four actions are very welcome but there is a key challenge for the committee to assess how far these initiatives go to address the assembly’s recommendations and what gaps remain. I would be glad to come to back to that if members wish.

I was asked to speak specifically about enforcement. On enforcement, the assembly agreed that "the State has comprehensively failed to fund, implement and enforce existing national [and EU] legislation" and suggested that this "must change". That was a strong statement. The joint Oireachtas committee discussed recommendations Nos. 44 and 45 on enforcement in detail with officials from parks and wildlife last Tuesday, 14 November and today it heard about Inland Fisheries Ireland's approach to enforcement. A challenge for the committee is to assess whether the parks and wildlife approach we heard last week, which is that everybody in parks and wildlife is responsible for wildlife crime, is the most effective when compared with other enforcement bodies. Can further steps be taken to strengthen the enforcement of our wildlife laws, as was recommended by the citizens' assembly? Again, we can return to this if members wish.

On the Constitution, the assembly recommended that Ireland adopt the human right to a "clean, healthy, safe environment" as a fundamental part of our Constitution. The committee had a detailed discussion on this with Professor Áine Ryall and her colleagues on 17 October. Apart from its legal significance, another benefit would be the nationwide public debate that would precede such a referendum of the people. For example, the public participation network in Galway, which I am a member of, wrote a letter to the Chair recently. It said, among other things:

We support the possibility of an amendment, as we feel this would facilitate conversations up and down the country, which could usher in the transformational change that we need.

While the new national biodiversity action plan is said to address about 100 of the 159 recommendations from the citizens' assembly, the committee needs to consider its position in regard to some other recommendations that are likely to fall outside the ambit of the biodiversity action plan. The draft of it is published on the web and it has about 160 actions. I will pick some that are important that I think the committee needs to consider. One of them is "People must be encouraged to consume a more plant-based diet." This was the subject of vigorous debate at the assembly. The implementation of this proposal could be led by the Department of Health and its agencies, including the HSE and Safefood.

Recommendation No. 100 is that the Arterial Drainage Act 1945 "must be reviewed and updated" to take account of the biodiversity and climate crisis. The OPW and relevant agencies and Departments can progress this. There is a recommendation in the biodiversity action plan about the OPW taking biodiversity into account but it does not suggest anything like the review of the legislation. Similarly, recommendations Nos. 116 and 120 are for the remit of Bord na Móna and Coillte to be reviewed. It states that the State must "reassess the constitution, goals and operations of Coillte and the 1988 Forestry Act". This reassessment must ensure biodiversity protection and ecosystem services are core objectives for Coillte. This topic generated a lot of debate at the assembly in discussions with colleagues from Coillte and the forestry sector. Such reviews in the case of Bord na Móna and Coillte would link with the EU restoration law and the new forestry strategy that has recently been published by the Department of agriculture.

The 99 citizens were asked by the Oireachtas to consider how the State can improve its response to the crisis of biodiversity that was declared in 2019. On any fair assessment, the report brings fresh thinking beyond what is likely to be contained in the next biodiversity action plan. I say that having looked in detail at the draft. Tackling biodiversity loss will be more successful if it involves a wide range of Government actors and is supported by legal change and community energy. The support of this committee for a broad suite of measures including, but going further than, the existing plans in the pipeline would send a signal that the voice of the citizens has been heard.