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Betting (Amendment) Bill 2013: Report and Final Stages (17 Jul 2014)

Tom Hayes: The principal Act provides that it is an offence to make a bet or enter into a betting transaction with a person under the age of 18 years. The Bill, as published, provides that the Minister for Justice and Equality may revoke a certificate of personal fitness where he is satisfied that, among other reasons, the holder of the certificate is not a fit and proper person to hold a...

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

Tom Hayes: That is for a very good reason.

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

Tom Hayes: We have spent much time discussing this important aspect of the Bill. This Bill intends to encourage landowners across the country to plant more forestry in marginal land. Up to 6,500 hectares are planted every year but the programme for Government calls for up to 14,000 hectares. As a landowner myself, I know opting for forestry is a significant commitment. If a farmer changes from...

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

Tom Hayes: That would be a very infrequent occurrence.

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

Tom Hayes: Yes.

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

Tom Hayes: I move amendment No. 41a:In page 14, between lines 10 and 11, to insert the following: "(4) On proof by the owner of the land concerned that the steps taken in relation to that land by a person authorised under subsection (2) needlessly resulted in damage or loss of a significant character to that owner in respect of that land, the person so authorised shall be liable to pay compensation to...

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

Tom Hayes: As I have previously indicated, there is already an established framework under the European Communities (Forest Consent and Assessment) Regulations 2010, whereby prior to any approval being issued, my Department must determine whether an initial afforestation project is likely to have a significant adverse effect on the environment and complete a screening to determine whether an...

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

Tom Hayes: I will be brief. I do not want to open up another debate on this issue. Everything is already in place. The National Parks and Wildlife Service and all the different agencies are asked for their opinions. Those opinions are always discussed. One is always concerned about disease. One must always take every step to prevent disease. Ash dieback, for example, is a new disease that we have...

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....

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

Tom Hayes: There will always be policy differences. That is what makes for debate and coming up with the best approach and answers, and one endeavours to do what is best.

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

Tom Hayes: The Minister’s obligations in respect of protected habitats and species is already provided for in existing legislation through the European Communities (Birds and Natural Habitats) Regulation 2011 which gives effect to the EU Birds and Habitats Directives. These regulations already require the Minister to carry out detailed assessments of the potential impact of forestry projects and...

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

Tom Hayes: Consideration of an “in combination” effect of projects and plans is an integral part of these assessments also provided for in that legislation.

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: 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: 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: May I make a final point?

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...

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