Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

I regret I was not able to speak last night. I had a public meeting to attend. I spoke strongly against this Bill on Second Stage because the original intent was an abominable tactic by the then Fine Gael Minister to give free rein to cut hedgerows during August. It was a disgraceful proposition. I thank Deputy Éamon Ó Cuív and others who are strongly pushing the agenda to protect birds and wildlife. Deputy Ó Cuív, through an amendment that was accepted in the Seanad and which Fianna Fáil supported, severely emasculated the measure the Government was proposing to allow any hedgerow to be cut in August. In my view, the measure is no longer operable.

I hope the Ceann Comhairle gives me a little latitude. I am speaking about section 7 and Deputy Tóibín's amendment. The truth is that the Minister must introduce regulations to give effect to the measure on cutting hedges on the roadside in August. The procedure is so complicated, and is cleared up by section 8 which Deputy Tóibín seeks to amend, that I believe section 7 will never come into effect or have any impact whatever. It is made clear in section 8 that hedges can be cut in accordance with the Roads Act, which allows hedge-cutting in the interests of public safety. Section 7 is now a dead duck. That is the truth of the matter. Deputy Ó Cuív put forward a compromise to try to represent all views in this area. There is no doubt that section 7 is a dead duck.

I had concerns when I studied section 8 and I have looked closely at the amendment. The section seems to codify existing law. I hope that much of the debate up to this point, apart from the early stages, will amount to much ado about nothing and the position that pertains now, before the Bill has passed, will continue to be the law and there will be no change. There is no way the Minister will introduce regulations for section 7 when hedges are already allowed to be cut on the roadside. It was crazy from the outset to propose in this section that hedges could be cut and the impact on wildlife would be studied thereafter.

I agree with Deputy Tóibín that it is a complete oxymoron to describe this legislation as a heritage Bill. I have no doubt the Minister, Deputy Madigan, would not have introduced the Bill if she had been the Minister at the time. She is simply doing this as a holdover from the previous Minister, who displayed no understanding whatever of the urgent necessity to protect species such as the yellowhammer which nests in August, while also respecting the important principle of road safety and ensuring the safety of human beings. The Minister would have to make regulations under section 7 and in my view, any such regulations would be pointless as they will not achieve anything. They will simple complicate matters. It is open to the Minister not to bother issuing any regulations because regulations would do nothing more than allow what is already allowed under section 8. This is messy, which is not good, but sometimes things are done that way to try to get everybody together and get legislation passed. I hope that is the case. I have expressed my strong views on this.

I have worked closely with my colleague, Deputy Ó Cuív. I pay tribute to him for listening to the wide range of views in the Fianna Fáil Party on this issue. We support the protection of our wildlife and national heritage. The preponderance of opinion in Fine Gael does not quite get that. Nobody in this House, certainly not in my party and most other parties, can be accused of trying to undermine road safety or do anything that would endanger the safety of drivers on our roads.

This Bill has changed to the point of emasculation. I hope I am right in that regard. If that is the case, as I believe it is, it is welcome. I thank Deputy Ó Cuív, the Green Party, Deputy Tóibín and others who have played a strong role in this debate. I also thank our colleagues in the Seanad who have worked hard on this legislation.

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