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

I move:

That the Committee do not agree with the Seanad in amendment No. 14 to the Wildlife (Amendment) Bill 2016.

This amendment, as proposed by the Seanad, provides that before an order can be made de-designating an NHA, a report shall be laid before both Houses of the Oireachtas on current condition, restoration potential and re-wetting potential, the special scientific interest of sites and other such factors as the Minister may deem necessary of all blanket bog NHAs. This amendment was accepted in the Seanad subject to further consideration.

The amendment has now been considered and the wording, as presented, has been found to be problematic for a number of reasons, including preventing the de-designation of any NHA before a review of all blanket bogs NHAs was completed. Therefore, the proposed reconfiguration of the raised bog NHA network under the 2014 review of raised bog NHA network could not be completed for a further number of years. That provision would therefore undermine the original central purpose of the Bill and is unacceptable.

It is therefore proposed to reject Seanad amendment No. 14. However, I agree with the central intention of the Seanad amendment. On that basis, an alternative amendment is proposed which captures the overall intention of the amendment passed in the Seanad but does not hold up the completion of the 2014 review. The replacement amendment would ensure that no de-designation of a blanket bog NHA could occur before a wide review of blanket bogs across the country is completed.

As a consequence of this amendment, several further amendments are required. These mostly deal with renumbering. However, one consequential amendment is significant. This amendment requires the deletion of section 18A(2) in section 4 of the Bill. If the subsection were to remain, a wide review of blanket bog NHAs, in accordance with section 18A(1), could not be undertaken. It would prevent a wider review of blanket bog habitats necessary to fulfil the conservation objective for blanket bog habitat as section 18A(2) currently restricts a review under section 18A(1) to only those NHAs that have a natural heritage area order in force on the date of the commencement of this section.

In the same manner, if section 18A(2) remains, it may not be possible to continue with the 2014 review as this review includes many non-designated NHAs. Removing section 18A(2) thus removes several contradictions in the Bill and this is critical to the implementation of the Act when passed.

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