Andrew Doyle (Wicklow, Fine Gael) | Oireachtas source

As the House will be aware, there have been incidences recently of illegal burning on agricultural and eligible forestry land in the closed period that has led to the outbreak of serious fires in various counties throughout the country. These fires have resulted in significant damage to substantial areas of agricultural and forestry land, and significant expenditure has been incurred by the various authorities in firefighting and control efforts. I am deeply concerned about the impact of these illegal fires across a wide range of areas, including the damage to agricultural land and valuable forestry assets, the loss of important forestry and wildlife habitats, and the serious risk posed to life, homes and property. We cannot not tolerate such irresponsible acts. Under section 40 of the Wildlife Act 1976 it is an offence to burn, from 1 March to 31 August in any year, any vegetation growing on any land not then cultivated. Individuals who are found to have burned vegetation within that prohibited period are liable to prosecution by An Garda Síochána or by the National Parks and Wildlife Service, which deals with one of the specific questions. My Department will provide any support required to these parties to ensure compliance with the requirements of this Act.

As I have stated, the burning of agricultural and forestry land during the closed period is illegal. This is clearly outlined in the terms and conditions for the basic payment scheme which issues to all applicants annually. The Department has commenced a comprehensive investigation of the recent incidences of illegal burning using all available technology, including satellite imagery. This investigation involves complex analysis of imagery from a range of resources worldwide to determine accurately the specific locations of lands subject to such illegal burning and also the extent of the area impacted by the burning. Where necessary and to assist the investigation process, such burnt land may be inspected by officials from my Department. The investigation is ongoing and will take some weeks to complete. It would be premature at this stage to speculate as to the actual area involved or the specific number of applicants under the area-based schemes affected. However, the House can be assured that the necessary resources within my Department will be deployed to complete this investigation as quickly as possible.

On the matter of illegally burnt agricultural and eligible forestry land being eligible under the basic payment scheme and other area-based schemes, the Department’s guide to land eligibility clearly states that land which is burned is not eligible as it is not in a state suitable for grazing or cultivation and therefore not eligible for the basic payment and other area-based schemes. The EU regulations governing these schemes prescribe that land being submitted for payment must be in an eligible state. All applicants under the basic payment scheme and other area-based schemes who have submitted their 2017 applications to my Department should review their applications and identify if their application includes land which has been burned in the closed period and consider removing this land from their application. The withdrawal of such land from their application can be undertaken by using the Department's online facility or by downloading an amendment form from the Department’s website and posting it to the Department’s office in Portlaoise. There are specific issues around GLAS and cross-compliance which I can return to.

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