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Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: Must the licence be displayed?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: Yes, that is fine.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: I move amendment No. 15: In page 9, between lines 12 and 13, to insert the following:“(iii) if the evidence requested under subparagraph (ii)is not available then an individual should be able to produce said evidence within a reasonable period of time as determined by bye-laws;”. We are trying to ensure there is a reasonable opportunity to provide the evidence.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: If the law does not provide for it, how can that be?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: However, if the law does not provide for it, what happens if it says that it has to be done now?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: It is in the power of the officer to require it now.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: "Reasonable" in (iv) is nothing to do with evidence of the licence or the permit. Where else is it?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: However, an awkward officer could request-----

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: If one got an awkward officer-----

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: -----the Minister knows herself what could happen. There can be a reasonable Garda and a not so reasonable Garda.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: The Vice Chairman is in an awful hurry. I am getting through them fairly fast. I am pressing the amendment.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: I move amendment No. 16:In page 9, between lines 12 and 13, to insert the following:“(iii) if this evidence is not available, request the person in charge of the boat to produce such evidence within a reasonable period of time and at a location as specified in the bye-laws;”. It is all the same thing.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: I move amendment No. 17: In page 9, line 28, to delete “owner of a boat” and substitute “persons on canal property”.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: Deputy Eamon Ryan has raised a valid issue. I do not happen to agree with him, but it seems to come under amendment No. 19. Am I right that we are dealing with amendment No. 18?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: I understand it is a tool to be doubly sure the Bill mentions the birds directive. By definition, the birds directive has to be complied with because it is European legislation. It was transposed into Irish legislation through the various Acts mentioned. That is the technical issue involved and nothing more. If we could dispose of it, we could get to the meat of the issue in amendments...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: We are on amendment No. 19, which deals with the specific issue of burning. People have been speaking about what happened in Connemara in April and May of last year and suggesting it could become legal if we bring in this law. It would not become legal and that is for two reasons. First, it did not happen in March and, second, it was out of control burning that seriously damaged hills...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: I have never heard of a controlled burning getting out of control. Normally the rules are so stringent that cannot happen. We need to get to the nub of this and we have a problem with overgrowth on the hills. Some of that is due to overly prescriptive destocking. The question is how to control this vegetation that is highly lethal in very dry months. Is it better to have a controlled...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: Did Deputy Ryan mean 25,000 acres or hectares?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: If 25,000 ha were burned last year-----

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Éamon Ó Cuív: Then based on what Deputy Tóibín has told us, as much as 99.9% of such burning was illegal and will not have its status changed by this Bill.

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