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Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: I cannot accept amendments Nos. 22 and 23. With regard to amendment No. 22, the Minister must be empowered to attach conditions to a licence or grant approved by the Minister. Attaching such conditions may be required to address issues of public safety, to protect taxpayers funds, or for reasons related to environmental protection. The attachment of conditions to licences and grants is...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: Coillte is subject to the same regulations as any other landowner and this is the reality. With regard to who it consulted in Gougane Barra, certainly it would have been great to consult many other people but there was a disease. I explained this to the Deputy on the previous occasion. The explanation I gave him then is the same. Obviously the decision was not taken lightly. One does not...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: I move amendment No. 23a:In page 9, line 36, to delete “, grant or loan” and substitute “or grant”.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: As I stated on Committee Stage, the proposed amendment would limit the Minister's power to revoke a licence to circumstances where a breach of licence occurs. There may be circumstances where a licence might have to be revoked or suspended where unforeseen circumstances have arisen which were not evident when the licence was granted.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: This is particularly important in the context of my Committee Stage amendment to extend the licensing period to a period of five to ten years. This amendment was tabled in response to concerns by industry stakeholders put on the basis that the power to revoke or suspend a licence remains. An example where a licence would need to be suspended, or in limited circumstances revoked, might...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: The Deputy will also recall that on Committee Stage I introduced a further amendment providing that there must be substantial grounds warranting a decision to vary conditions or to suspend or revoke a licence. For that reason I cannot accept the amendment.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: It is only in extreme circumstances.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: Section 7(2)(b) states that the Minister must be satisfied that:(i) there are substantial grounds warranting that course of action, and (ii) the exercise of none of the other powers under this subsection would remedy the matter.It does specify it.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: That is what I have stated here.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: Flooding would be an example.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: During the consideration of an amendment proposed on Committee Stage by Deputy Boyd Barrett, I indicated that I would look again at this provision with a view to introducing flexibility and balanced representation on committees set up under the legislation. I believe my amendment achieves such flexibility. It allows for the appointment of people with the relevant expertise to a committee,...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: The ideal make-up of any committee will be determined by the tasks to be assigned. I have had the opportunity to set up committees in the past and will provide the Deputy with an example. On foot of the major storm that occurred earlier this year, I set up a windblow task force, to which I assigned different people from the industry who had knowledge on how to deal with it. It was a really...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: Yes, exactly. That is correct.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: May I make a final point?

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: I move amendment No. 27:In page 10, to delete line 34 and substitute the following:“(5) A committee shall consist of such number of members (including, where appropriate, persons with an expertise relevant to the committee’s terms of reference) as the Minister thinks proper; in making appointments to a committee the Minister shall give due consideration to the desirability of...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: In the context of our consideration of this amendment on Committee Stage, I indicated that I would consider the public interest issue in consultation with my legal advisers and, if necessary, review the section further before Report Stage. My advice is that the words "or as provided by law" in the existing text of section 9(1) already accommodates the amendment's aims in respect of public...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: I have taken legal advice on this matter. It is not possible to provide for exemptions other than by authorisation or where otherwise provided for by law. If the law permits disclosure, a disclosure is permissible.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: Yes.

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: I refer to amendments Nos. 29 to 32, inclusive. I appreciate the idea behind amendment No. 29, substituting "should" for "may", is positive towards forestry management planning but the use of the word "may" is more appropriate to this section. For this reason, I do not agree with the proposed amendment. Forest sizes can vary from small to very large and it is important that this provision...

Forestry Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Tom Hayes: I appreciate the Deputy’s intention in this amendment which seeks to ensure that the social, economic and environmental functions of forests are maintained at all times. The proposed amendment, however, would place an unrealistic and unobtainable obligation on the Minister because it is simply not possible to ensure that these often competing functions are maintained at all times....

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