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Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: Provision is made for the classification of deer in section 15(4)(c) of the Bill which states: ''subject to subsection (5), a species protected under the Wildlife Acts 1976 to 2012 or the Habitats Regulations". Deer are a protected species in Ireland under the terms of the Wildlife Acts and it is an offence to hunt them without a licence. I am satisfied that adequate provision is made for...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: The question of timelines for the issuing of felling licences was raised in discussions I had with industry representatives and growers. I have already made a significant change to the Bill by placing an objective timeline of four months for the issuing of felling licences. In some cases, licences will be issued within a shorter timeframe. In assessing applications for felling licences, my...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: With regard to amendment No. 19, it is implicit in the Bill that felling licences and conditions will generally be in accordance with good forest practice. However, there may be limited circumstances where licences may be issued which do not fall into the category strictly described as "good forest practice". For example, there may be valid reasons where tree felling is for social or...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: With regard to amendment No. 23, the exclusion from the felling licence system of trees in urban areas does not involve any change of policy on the part of the Department. It is a continuation of the position that pertains with the 1946 Forestry Act. The rationale for exempting trees within urban areas is primarily based on public safety concerns, which remain valid in the context of this...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: I propose to address amendments Nos. 29 and 30 together. It is important to maintain the phrase "modified" in this section since the phrase "discharge" may not sufficiently cover all eventualities. A person could be served with a replanting order requiring him or her to replant an area with a specific species. In the interim it may become evident that the particular species of tree is...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: The use of the word "competent" in this context is subjective. Authorised officers who are appointed will be suitably trained and qualified to act in a professional manner in respect of the duties undertaken under this Bill and will be fully familiar with the regulatory environment within which they operate. That is of major importance and it is a given. They have to be competent and must...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: The changes proposed in amendment No. 32 in respect of a tree felled or otherwise removed without a licence under section 7 would impose on the Minister an automatic obligation to issue a replanting order in all cases without having regard to the nature and extent of the unlicensed felling and the environmental and silvicultural considerations. With regard to amendment no. 33, it is a matter...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: This is already provided for in section 17(6) of the Bill, which provides that if a person operating under the direction of another person contravenes the condition of a felling licence, both persons will be liable to prosecution. This amendment is therefore not necessary.

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: The development of third and fourth level education in forestry is highly desirable and something that my Department is happy to endorse and encourage. However, the responsibility for these areas lies within the remit of my colleague the Minister for Education and Skills, Deputy Jan O'Sullivan. I take on board the points Senator Barrett has made. There is a lot of opportunity for people to...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: I have no difficulty in discussing these issues, particularly ash dieback, with Members of the Oireachtas. I have had many meetings with a range of stakeholders and do so at any time I am requested to ensure people are informed. This applies to those who own the woods and those who are worried about them. The GAA also has concerns about the future and the amount that could be diseased in...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: As I said when I introduced the Forestry Bill 2013 to Members on Second Stage in the Dáil and as I explained on Committee Stage, the purpose of the Bill is to reform and update the legislative framework for forestry. It is intended to support the development of a modern forest sector which operates in accordance with good forest practice and with a view to protection of the environment....

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: On Committee Stage in the Dáil there was lengthy discussion in respect of the need for the Bill to provide for payment of compensation in circumstances where an application for a felling licence is refused. In light of the concerns expressed, I sought the advice of the Office of the Attorney General. The advice I received was to the effect that there would be a risk of a finding that...

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: The amendment presented on Report Stage in the Dáil was drafted, reviewed and approved by the Office of the Attorney General and had regard to an examination of existing legislation on the Statute Book and commentary in the High Court in respect of a recent case. We are proceeding on the basis of the legal advice we received.

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: I have checked the position with my officials and they inform me that they are not aware of any case where a licence was refused.

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: If the Senator supplies us with the details relating to the relevant case, we will investigate the position.

Seanad: Forestry Bill 2013: Committee Stage (9 Oct 2014)

Tom Hayes: I thank all Senators for what has been a worthwhile debate. I am aware of the concerns of everybody in the Seanad and the Dáil about trees and the environment. Forestry is a positive sector for our economy and has potential to grow employment and export of timber. Our main challenge is to make landowners comfortable with the idea of planting their land. This will be a significant...

Seanad: Adjournment Matters: Water Charges Exemptions (14 Oct 2014)

Tom Hayes: I thank the Senator for raising this important issue. I apologise on behalf of my colleague, the Minister for the Environment, Community and Local Government, who is unavailable to respond to this issue, which will lead to further discussions. The Water Services (No. 2) Act 2013 provides that Irish Water is responsible for public water services and can collect charges from customers in...

Seanad: Adjournment Matters: Water Charges Exemptions (14 Oct 2014)

Tom Hayes: I give the Senator a commitment that I will communicate further on this.

Seanad: Adjournment Matters: Water Charges Exemptions (14 Oct 2014)

Tom Hayes: It will hold them for as long as the person is given the allowance, which is every year when it calculates how much free water one has. I imagine that is the case. I do not know for certain but I would say it has to keep the number on file.

Financial Resolutions 2015 - Financial Resolution No. 3: General (Resumed) (15 Oct 2014)

Tom Hayes: Which way is the Deputy going?

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