Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I will continue where I left off yesterday. Part 3 of the Bill makes amendments to the Wildlife Acts. I am keenly aware of the need to protect our flora and fauna. For that reason, any burning and cutting will be subject to strict conditions and restrictions which will be specified in statutory regulations. The Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs will monitor activity under the pilot provisions. An assessment of the impact of those measures will be carried out before any decision is taken on continuing them beyond the pilot phase. I believe this Bill takes a pragmatic approach which will help to address some of the challenges faced by people living in rural areas.

Section 8 is designed to harmonise the provisions of the Roads Act 1993 with the Wildlife Acts. This will ensure works undertaken for safety purposes under section 70 of the 1993 Act are an exempted activity under section 40 of the Wildlife Act 1976. Essentially, this will mean a landowner who needs to trim back an overgrown hedge in the interests of road safety will not be in breach of the Wildlife Acts if he or she does so. At present, there is a conflict between the roads legislation and the wildlife legislation. This will eliminate that confusion. Following legal advice, I have taken the opportunity in this Bill to clarify the powers of authorised officers of my Department and An Garda Síochána under the Wildlife Acts by bringing them into line with the powers of authorised persons under the more modern European Communities (Birds and Natural Habitats) Regulations 2011. I have updated the penalties for offences under the Wildlife Acts, which were last changed in 2010, to make them more consistent with similar penalties under the 2011 regulations. As Minister, I will also have new powers to make regulations declaring that certain offences under the Wildlife Acts may be subject to fixed payment notices.

Part 4 makes amendments to the Heritage Act 1995. These amendments are based on the recommendations in the report of the critical review of the Heritage Council, which was carried out in 2012 by my Department in the context of the public service reform plan. The changes refocus particular functions of the Heritage Council, deal with the non-remuneration of the board, the size and composition of the board and quorum requirements for board meetings and eliminate the requirement for the council to maintain statutory standing committees. Section 11 will amend the 1995 Act by refocusing the activities and functions of the Heritage Council with a particular emphasis on engagement with communities and local authorities and by introducing the non-remuneration of members of the board while continuing their entitlement to expenses incurred in the discharge of their duties as board members. Changes to the Schedule to the 1995 Act will reduce the size of the board of the Heritage Council to between eight and ten members, excluding the chairperson; continue the existing principle of gender balance on the board by having a minimum requirement for four female and four male members; reduce the quorum necessary to five members, including the chairperson, to reflect the smaller board size; and remove the requirement for the Heritage Council to maintain statutory standing committees on wildlife, archaeology, architectural heritage and inland waterways. However, the council will retain the right to set up committees as it sees fit.

As I have set out, the changes proposed in the Bill are mainly enabling provisions. I believe they represent the best way forward in terms of regulating the canals for the benefit of all users, managing the burning and cutting of vegetation and refining the role and governance of the Heritage Council. I look forward to hearing the contributions of Deputies. I recommend the Bill to the House.

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