Sandra McLellan (Cork East, Sinn Fein)
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5. To ask the Minister for Arts, Heritage and the Gaeltacht if she is aware that upland habitats are being destroyed at an alarming rate and that the national parks are at huge risk; and if she will outline the measures her Department is taking to protect them. [24223/15]

Sandra McLellan (Cork East, Sinn Fein)
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Is the Minister aware that upland habitats are being destroyed at an alarming rate and placing national parks at risk? What action is her Department taking to protect the national parks?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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While some environmental damage to our uplands has occurred in recent years, much of it as a result of illegal burning, as evidenced by the recent spate of fires in various parts of the country, it is important to note that some improvements have occurred. The serious overgrazing that resulted in many western uplands being stripped of all vegetation has now ceased and the hills in question have substantially recovered from this threat.

With regard to fires, my Department continues to work closely with An Garda Síochána, the fire services and the Department of Agriculture, Food and the Marine, as appropriate, to investigate the causes of wildfires which have affected a number of our designated sites and national parks and, where evidence is forthcoming, to pursue appropriate enforcement under the Wildlife Acts or other legislation.

In so far as national parks are concerned, departmental staff are vigilant when conditions exist that could result in fires. The Deputy will appreciate that, given the sheer scale of property involved, covering hundreds of square kilometres, the remote locations of much parkland and the sporadic occurrence and dynamic nature of recent fires, it is very difficult to fully discourage and prevent unauthorised burning. In addition, it can be difficult to identify those who deliberately set fires in remote areas without concern for the consequences. In this regard, I encourage members of the public, including landowners and recreational users, to act responsibly at all times, be mindful of their own safety, the safety of others and the need to protect property, both publicly and privately owned, and appreciate the value of our natural heritage, particularly in our national parks, nature reserves and designated sites.

Sandra McLellan (Cork East, Sinn Fein)
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In a recent interview, the Minister maintained that fires were not an issue for the Department, except where they occurred in Killarney National Park. In recent months, fires have also occurred in the Wicklow Mountains National Park and many of the upland areas that have been scorched are within special areas of conservation and special protection areas. These are our most important biodiversity areas. They are managed by the National Parks and Wildlife Service, an agency of the Department. It has been well-documented that extensive and devastating fires have raged throughout the country this year. Does the Minister agree that wildfires will only be brought under control when the Department of Agriculture, Food and the Marine stops single farm payments to those responsible? Does she acknowledge that, as Minister with responsibility for heritage, she and her Department have a duty to protect our upland habitats?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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To clarify the Deputy's first point, when I spoke about this issue on a local radio station in Kerry, I was speaking specifically about County Kerry. I am aware that fires also occurred in other locations that fall within special areas of conservation and special protection areas, which come within the remit of my Department.

Significant environmental damage is caused by illegal burning, which has become more acute in recent years, as evidenced by a recent spate of fires in various parts of the country. Under section 40 of the Wildlife Acts, burning of vegetation on uncultivated land is prohibited, without exception, from 1 March until 31 August, primarily as a means of protecting nesting and breeding birds and preventing forest fires. There is no evidence, however, that these dates are a cause of widespread fires. There may well be a link between at least some of the burning and other clearance of vegetation to ensure land is eligible for the basic payment scheme beginning this year. The scheme is administered by the Department of Agriculture, Food and the Marine. While land eligibility is primarily a matter for that Department, my Department has raised concerns about ecological and other risks posed by inappropriate burning arising from eligibility issues under the basic payment scheme. I understand my colleague, the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, has pursued options for farmers with marginal lands to meet the requirements of the direct payment regulations.

A guidance booklet has been issued by his Department to address the issue of land eligibility in Natura 2000 sites and burning in the wider countryside.

Sandra McLellan (Cork East, Sinn Fein)
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On the gorse fire epidemic, County Kerry is one of several counties that have been experiencing the fires of late. It is one of the worst affected areas, with a 700% increase in the number of gorse fires in the county in the first quarter of 2015 compared with the same period last year. Given that increase, it is abundantly obvious that the current legislation is not working.

How is the Minister planning on identifying culprits for these actions and what system is she putting in place to prevent further deliberate fires? How does she plan to penalise and prosecute those responsible, or does her Department identify more with the farming community than with the protection of natural habitats?

Section 40 of the Wildlife Act makes it an offence to burn gorse between 1 March and 31 August. What is the Minister's position on the farmers' lobby to change that start date back to 15 April?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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We work very closely with the Garda, which is investigating the issues around the fires in Killarney National Park. Where evidence is forthcoming, the Garda is tasked to pursue appropriate enforcement under the Wildlife Act or other legislation. My Department is one of a number of agencies represented on the inter-agency gorse fire group, which explores issues surrounding wildfires. An Garda Síochána is also represented and has responsibility for leading any potential criminal investigations into wildfires. My Department co-operates fully with the Garda and any other investigations that may be initiated by other statutory bodies.

I am carrying out a review of section 40 of the Wildlife Act and have received many submissions from many different organisations. I asked my officials to prepare a report and the working group is to report back to me with a range of proposals. Once this process is complete, I intend to make a decision on the matter and will launch a public awareness process for all stakeholders, including local authorities, landowners and members of the public.

I had a meeting with Wicklow Uplands Council earlier this week. I was very impressed by what it wants to do in terms of the protection of the uplands habitats in County Wicklow. It is trying to bring in all the stakeholders and wants a management plan on how to protect the uplands. We need to strike the balance that protects our biodiversity and also allows farmers to continue to make a living off the land. This can only be achieved through co-operation with stakeholders and perhaps with controlled burning within a management plan. We must comply with our obligations under the habitats directive. They have come together in County Wicklow and are looking at it in a more holistic way. That is the way we should all be going. When people take opposing views, we end up with the extreme of every argument. The best results come from working together to produce managed plans to do something. I agree the fires can cause terrible damage and have done so in Killarney National Park.