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

Ba mhaith liom buíochas a ghabháil leis na Teachtaí as ucht an cheist seo. I thank the Deputies for raising this and I hope it will help expedite matters. However, there are some complexities which I will try to outline.

The principal purpose of the Wildlife (Amendment) Bill, as initiated, was to provide for review of raised bog habitats, the making, amendment and revocation of natural heritage area orders and for those purposes to amend the Wildlife (Amendment) Act 2000. The Bill was originally presented to Dáil Éireann. There was a very constructive debate on the Bill in both Houses, including the adoption of the Deputy's proposals to extend its scope to provide for a review of blanket bog natural heritage areas. Later in the Seanad it was agreed to place a duty on public bodies to promote the conservation of biodiversity, which was an important and innovative section of the Bill.

As the Deputies will be aware, the Bill had completed all stages in the Dáil and the Seanad, and had been returned to the Dáil for consideration of the various amendments made by the Seanad. The Bill was at what is colloquially known as the "cream list" stage when the Bill lapsed with the dissolution of the Thirty-second Dáil on 14 January 2020.

Dáil Standing Order 227 provides that where a Bill passed by the Dáil is subsequently amended and passed by the Seanad, those amendments are then returned to the Dáil for its consideration. Standing Order 228 provides that the Dáil may accept, amend or reject the Seanad amendments. Amendments in the Dáil to the Seanad's amendments may only be moved where they are "consequential upon the acceptance, amendment or rejection of a Seanad amendment." There is no mechanism under Standing Orders to move amendments to a Bill returned to the Dáil under Standing Order 227, other than as set out in Standing Order 228.

It is the Government's intention to proceed to seek the approval of the Oireachtas for the important changes proposed in this Bill. However, Deputies will appreciate that the sequence of events I have described is an unusual one. My officials have been working with colleagues in the Houses of the Oireachtas to establish how it would be possible and what might be the appropriate procedure for restoring the Bill to the Dáil Order Paper, and to clarify the implications of any decision in this regard. Ultimately, this process would of course be subject to the ruling of the Ceann Comhairle on examination of the finalised text of the proposed restoration motion and any associated amendments.

Deputies will appreciate that restoration of this Bill to the Order Paper is not straightforward. However, once the complexities have been resolved it is my intention to bring a memorandum to Government outlining the next steps for the Bill. I hope that will be possible be in the early part of 2022.

I have met a number of Deputies and Senator Higgins to discuss issues of concern. This is a high priority for me and for my Department. There are other elements relating to the statutory footing of the national biodiversity action plan that also are very important to me. We want to deal with this as speedily as we can. I appreciate the Deputies' raising this today because it certainly focuses minds on getting this back onto the Order Paper.

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