Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

The other amendments are the physical alternatives. If the deletion of the entire subsection does not pass, this amendment would restrict the application of section 7(1) to only the part of section 40 of the Wildlife Act 1976 that applies to the destruction of vegetation on uncultivated land. Otherwise, this section could be used to apply to land which is covered under the part of section 40 that applies to hedges. Similarly, amendment No. 21 seeks to restrict the application of section 7(2), which expands the Minister’s power make regulations in respect of hedge cutting to just section 40(1)(b) in order that it does not open up all land covered under section 40, but just the land appropriate to hedge cutting regulation.

Amendment No. 18 removes the power of the Minister to make regulations for the expansion of hedge cutting into August and replaces it with a power for the Minister to make regulations for derogations to section 40 of the Wildlife Act for the purpose of ensuring public health and safety under the Roads Acts, and outlining the parameters of any such regulations. The Minister has said that section 7(2) will help to ensure that issues such as overgrown hedges can be tackled in August. If this is truly the Minister’s intention, the phrasing of this amendment, which seeks to provide the Minister with the powers for purpose of ensuring health and safety, makes much more sense.

I have already addressed amendment No. 21.

Amendment No. 22 alters section 7(2) so that it applies specifically to the purpose of ensuring the safe use of public roads during August. Again, if road safety is really the Government's intention with this section, as is so often maintained, then this amendment makes more sense.

Amendment No. 23 puts in place a further provision to section 7 allowing for the Minister to make regulations for further restrictions on hedge cutting into September, to protect the yellowhammer that nests into September. The yellowhammer is on the red list in Ireland.

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