Dáil debates

Wednesday, 4 July 2018

Heritage Bill 2016: Report Stage (Resumed) and Final Stage

 

9:40 pm

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

Last night and today, I thought we had disposed of all the amendments to section 7, therefore, I will address the amendments before the House now, all of which address section 8. We should be clear about the purpose of section 8. It is bringing the Wildlife Act in line with what is already in the Roads Act 1993, no more and no less. Deputy Eamon Ryan specifically mentioned his amendment No. 27. If we were to insert amendment No. 27 in the Bill as opposed to what the Minister has done, we would only be transposing part of the Roads Act 1993. The problem then would be that other parts of the 1993 Act would be in conflict with the Wildlife Act. If a farmer or an occupier took a reasonable step to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or a potential hazard to persons by cutting it in the closed months, no more and no less - we have to talk about the facts of what the law states and not alter the things that have nothing to do with the cold words in front of us - they would be on the right side of the law under the Roads Act 1993 but on the wrong side of the law with the Minister for Culture, Heritage and the Gaeltacht.

We cannot have that conflict. Fianna Fáil will not support the amendment because it is creating a crazy, legal contradiction, no more and no less. I ask the Deputies to reflect on this. This is what these amendments are about. They are not about anything else even though we have spent an hour and a half debating points which were mainly germane to section 7 of the Bill.

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