Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I am responsible for questions under the heritage remit. Hedgerows are very important wildlife habits, providing food, shelter, corridors of movement, nesting and hibernation sites for many of our native flora and fauna. There are approximately 400,000 km of hedges in this country. In general, it is permissible to cut hedges during the winter period mentioned in the question. While under section 40 of the Wildlife Act 1976, as amended, there are restrictions on cutting, grubbing, burning or destruction of vegetation from 1 March to 31 August, this prohibition does not apply from 1 September to 28 February of the following year. Even during the closed period between March and August, there is provision in the legislation for some restricted exemptions from this prohibition. For example, there are exemptions for works undertaken in the ordinary course of agriculture, forestry and for road safety reasons.

Section 7 of the Heritage Act included a limited power to make regulations for a period of two years after the passing of the Act to allow cutting of roadside hedges during the month of August, subject to conditions. That provision has now lapsed and it is not the intention to seek to renew it. In July last year my predecessor announced that she would not be proceeding with the making of regulations for August of that year. The decision recognised the increased threats to biodiversity nationally and globally and followed a number of Government initiatives to protect and nurture Ireland's flora and fauna and a Dáil declaration on a climate and biodiversity emergency.

At the time there was extensive public debate and engagement by my Department on this matter, including during the national biodiversity conference in Dublin last year, hosted together with the Irish Forum on Natural Capital. Arising from the conference, the Seeds for Nature initiative was launched, which comprised a range of initiatives for nature and biodiversity. In addition, there was a wide public consultation on the Heritage Ireland 2030 plan, debates in the Dáil on biodiversity loss and extensive engagement across the Government on the climate action plan, including by my Department. The climate action plan made a number of references to the importance of hedgerows.

It is important to underline that the current legislation allows both landowners and public authorities to cut hedges for road safety reasons at any time of the year. Under the roads legislation, landowners are obliged to ensure that a tree, shrub, hedge or any other vegetation is not a hazard for persons using public roads. In addition, local authorities have the legal power to cut roadside hedges for road safety reasons during any month of the year. Therefore, there is no legal obstacle to both landowners and local authorities ensuring that country roads are safe for road users, whether drivers, cyclists or walkers.

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