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Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I am fine.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I echo what Senator Boylan said. The whole thing about access to information in environmental matters is critical. As we debate, I cannot stop thinking about what a disadvantage we are at by not having the information about the public consultation. We have been seeking it during the a week but we cannot get it. I do not know how much it has influenced this legislation, but I will know and...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: To clarify to ensure there is no misunderstanding, there are people lobbying and engaged with the Department and officials. I have no problem with lobbyists as they are covered under lobbying legislation. I looked at the register provided for in the legislation and I am fully aware of what lobbying took place with officials in the Department of Agriculture, Food and the Marine. I know the...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: Then we can take our initiative and contact those politicians and others who also made submissions.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: Some people mentioned me by name. One of the great things is there is a stenographer here and all this is recorded. We can all look at this in the calmness of tomorrow morning. I want to put the record straight. I am not that much of an eejit now. I made the point that lobbying is legitimate and a professional job. There is a lobbyist register. I said it is open for anyone to see....

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: Sorry, do I need to say it again?

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: Absolutely not.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I am making the point.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: Anyone can look at the register and I will look at it again. I have printed it in my office and I will circulate it if that helps to enlighten people.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 34: In page 5, after line 40, to insert the following: “(7) Notwithstanding anything in the foregoing subsections, an appellant or party to an appeal or observer shall be allowed to furnish additional information to an appeal where the provision of that information has been compromised by delays in the processing of requests made under Directive 2003/4/EC of...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 35: In page 5, after line 40, to insert the following: “(7) The Minister shall make regulations to provide for the notification of appeals made to the Forestry Appeals Committee and to allow for the input from observers to any such appeal, in order to maintain consistency with the standard of appeal available in other sectors such as planning and aquaculture in...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 36: In page 6, between lines 17 and 18, to insert the following: “(10) The Minister shall make regulations in respect of the obligation in decision-making of the Forestry Appeals Committee in determining appeals, in respect of environmental obligations arising under Directives of the European Union, including, but not limited to: (a) Directive 2011/92/EU of...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I note the Minister of State's response to the amendments. In the interests of being helpful because I am conscious there will another day here for the Minister of State, I will proceed with amendment No. 36, if that is agreeable to the House.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 39: In page 6, between lines 22 and 23, to insert the following: “(aa) The Minister shall make regulations in respect of the conduct by the Forestry Appeals Committee with regard to: (i) screening for appropriate assessment; (ii) screening for environmental impact assessment; (iii) appropriate assessment; (iv) environmental impact assessment, and...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 42: In page 6, to delete lines 39 and 40.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 43: In page 7, between lines 6 and 7, to insert the following: “(12A) Where an appeal is brought to the Forestry Appeals Committee against a decision of the Minister, and is not withdrawn, the Forestry Appeals Committee shall determine the application as if it had been made to the Forestry Appeals Committee in the first instance and the decision of the...

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I would like a brief comment from the Minister of State.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 44: In page 7, to delete lines 10 to 13 and substitute the following: “(b) and—”.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: Senator Higgins has set out her concerns very well and I would be interested to hear the Minister of State's response.

Seanad: Forestry (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages (25 Sep 2020)

Victor Boyhan: I move amendment No. 47: In page 7, between lines 25 and 26, to insert the following: "(15) The notification and publication of a decision of the Forestry Appeals Committee shall contain information on the entitlement to pursue a judicial review in the High Court of that decision.".

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