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

I apologise to both Deputies because I did not expect to be back here again to discuss this. I thought we would have advanced the Bill but it has been complex. The principal purpose of the Wildlife (Amendment) Bill 2016, as initiated, was to provide for the review of raised bog habitats, the making, amendment and revocation of natural heritage area orders and, for those purposes, the amendment of the Wildlife (Amendment) Act 2000.

As the Deputies will be aware, the Bill was originally presented to Dáil Éireann. There was a very constructive debate on the Bill in both Houses, including in respect of extending its scope to provide for a review of blanket bog natural heritage areas, and later in the Seanad in respect of placing a duty on public bodies to promote the conservation of biodiversity. 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, for 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.

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 be moved only 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.

As discussed when I met the Deputies in December last, the restoration of the Bill to the Order Paper is not straightforward. Once the complexities have been resolved, however, and the amendments made in the Seanad re-examined in consultation with the Office of the Parliamentary Counsel, OPC, to ensure they have been worded correctly and are legally robust, it is the intention of the Minister for Housing, Local Government and Heritage to bring a memorandum to the Government to seek approval to have the Bill restored to the Order Paper. At the same time, the Minister will also bring a memorandum to the Government to obtain approval to the amendments made in the Seanad to the Bill. This process is at an advanced stage and is expected to be completed shortly, although I cannot give an accurate date for that. I met officials this morning about the issue to try to get it advanced as quickly as possible. My hope is it will be completed before the summer recess.

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