Dáil debates

Wednesday, 14 September 2022

Saincheisteanna Tráthúla - Topical Issue Debate

Proposed Legislation

10:05 pm

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

Before I read the reply, it is with regret that we are here again this evening. I thank the Ceann Comhairle for his intervention in trying to get this forward. Like you, I want this matter resolved once and for all to give clarity to those landowners that the Deputies talk about and to get this important Bill over the line.

As the Deputies will be aware, the Bill was originally presented to the Oireachtas in 2016. The debate on the Bill in both Houses was very engaging, with a good discussion on extending its scope to provide for a review of blanket bog natural heritage areas, NHAs, and later in the Seanad on placing a duty on public bodies to promote the conservation of biodiversity.

The core focus of the Wildlife (Amendment) Bill, as initiated, was to provide for: the making, amendment and revocation of natural heritage area orders; a review of raised bog habitats; and for those purposes to amend the Wildlife (Amendment) Act 2000. The Bill had completed all stages in the Dáil and the Seanad and had been returned to the Dáil so that various amendments made by the Seanad could be considered. However, the Bill, unfortunately, lapsed with the dissolution of the 32nd Dáil on 14 January 2020.

As I have previously set out, 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.

The Deputies will recall that we met to discuss this matter late last year and, indeed, they have raised this matter with me in the House since then through a Topical Issue matter. As we discussed then, the restoration of this Bill to the Order Paper is not straightforward.

My officials are working to resolve the complexities that arose. Once completed, and the amendments made in the Seanad re-examined in consultation with the Office of the Parliamentary Counsel to ensure they are legally sound, the Minister, Deputy O'Brien, will bring a memorandum to Government to seek approval to have the Bill restored to the Order Paper. I hope that this would be done early in quarter 4 of this year. I will put whatever pressure I have to do to try and get that brought forward. As I have previously advised, at the same time the Minister will also bring a memorandum to Government to obtain Government approval for the amendments to the Bill made in the Seanad. This process is at an advanced stage and will be completed as soon as we can.

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