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Seanad: Nithe i dtosach suíonna - Commencement Matters: Dog Breeding Industry (10 Nov 2020)

Pippa Hackett: Ultimately, responsibility lies not only with the people selling the pets to provide the information required, as was indicated by the Senator, but also on the publishers of the advertisements. They are required to ensure that people display the information. Unfortunately, they do not have access to the source of the information, so it is difficult for them to verify that. The enforcement...

Seanad: Biodiversity: Motion (5 Nov 2020)

Pippa Hackett: I thank Senators for their interesting and informed contributions and for their widespread support for the motion. The extension of time by half an hour demonstrates the passion in the House for this issue, which I welcome. All Senators spoke passionately on the motion. I think of Senator O'Loughlin's account of the habitats and areas close to her own home. I thank Senator Boyhan for his...

Ceisteanna Eile - Other Questions: Horticulture Sector (3 Nov 2020)

Pippa Hackett: I am very aware of the current dependence of the horticultural industry on the availability of peat moss. The High Court decision to strike down the legislation introduced in January 2019 regulating the extraction of peat now means that extraction of peat from bogs greater than 30 ha. requires companies to go through a licensing and planning regime. The more recent decision by Bord na...

Forestry (Planning Permission) (Amendment) Bill 2018: Second Stage [Private Members] (23 Oct 2020)

Pippa Hackett: I thank the Deputies for their passionate contributions. I could see from the comments that were made that there is a shared vision. I would like to think I share that vision with them of a much better forestry model, one that is good for the environment and where communities will want to live beside forests and be surrounded by the right type of forests. That is my intent and my vision...

Forestry (Planning Permission) (Amendment) Bill 2018: Second Stage [Private Members] (23 Oct 2020)

Pippa Hackett: I thank Deputy Kenny for the opening address on his Bill. I concur with many of the comments he made, many of which relate to broader forestry issues and are probably beyond the scope of the Bill. However, I thank him for them. It is only a short while since we were in this Chamber debating the Forestry (Miscellaneous Provisions) Act 2020, which sought to align some aspects of the...

Saincheisteanna Tráthúla - Topical Issue Debate: Agriculture Industry (15 Oct 2020)

Pippa Hackett: I agree with Deputy Cahill's final comment that it does not make sense to import peat here. The bottom line, however, is that the sector will have to transition away from peat. We will not have an endless supply of peat even if we wanted to continue with extraction. In the interim, as part of that, there may well be scope to facilitate that by focusing on the domestic demand for...

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

Pippa Hackett: I thank Senators for their suggestions and comments. The fostering of public debate and transparent communication is very important. The forestry appeals committee currently publicises the results of appeals on its website shortly after a decision is made. That said, I think the suggestions and statements proposed in amendment No. 1 would add to the transparent communication which is...

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

Pippa Hackett: I thank the Senators for their contributions on these amendments. What is being suggested here is already in place in practice. The chair of the forestry appeals committee selects people with specific expertise on environmental law and appeals. The current chairperson has significant experience and competence in matters relating to planning appeals. Again, we must remember that this Bill...

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

Pippa Hackett: I appreciate Senator Boyhan spoke only to amendment No. 11. If the other Senators do not wish to speak to their amendments, I will address them as a group. All of the amendments in the group relate to the time limit for appeals. A number of suggestions have been made to me on the side to the effect that the length of time is too long and should be shorter. However, I consider that 28 days...

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

Pippa Hackett: I thank Senators again for the discussion on these amendments. I accept the concerns behind the people making appeals. I believe there is a genuine reason in the vast majority of cases. We must appreciate that appeals have been made against licences issued for things like woodland creation, before being withdrawn when they have been highlighted. One must consider and be aware that a...

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

Pippa Hackett: On the clarification, I will have to check. I will certainly look back at that part of the Bill and check what flexibility there is for me to extend the period in question. I appreciate the Senator's concern and will certainly look into that, if that is okay.

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

Pippa Hackett: I take that on board. The Senator might give me time to reflect on that

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

Pippa Hackett: I thank Senators again for their engagement on this section of the Bill. I agree that it is right that people should have access to justice. This Bill, in its current format, does not prevent anyone from taking a judicial review based on the results of the forestry appeals committee. It remains open to appellants, or indeed applicants, who are unhappy with the review or appeal of an...

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

Pippa Hackett: Until now, people could go straight to the High Court with their concerns. This is just another filter which would make it more appropriate to do so. One would seek a judicial review from the High Court and if the High Court deemed that necessary, one could continue.

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

Pippa Hackett: That is because the text of the Act just referenced the High Court. It did not reference the judicial review which is, in fact, available to people anyway.

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

Pippa Hackett: I feel it is a better process to go to the High Court to seek a judicial review in advance of going to the High Court, instead of going straight to the court. That is the purpose of the removal of that particular section.

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

Pippa Hackett: The amendments in this group deal with issues such as fairness, wide access, non-inclusion and oral hearings. I agree there must be completely open and wide access to the review mechanism of the forestry appeals committee.That is why I have retained the provision that anyone dissatisfied with the decision on a licence may appeal to the FAC. I assure Members that any regulations or rules...

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

Pippa Hackett: I will respond to a few of the queries that have been raised. I am glad the Senators were happy with the removal of the provision in respect of the relevant person. It is funny that, now that this has been removed, the Bill is still being challenged on the grounds that it restricts who can make an appeal and on the grounds of access to justice. The wording in the Bill is quite clear in...

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

Pippa Hackett: I will briefly respond. The rules, directives and regulations made under this Bill cannot be used to narrow that right of appeal.

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

Pippa Hackett: To do that would be a breach of the legislation. The rules and regulations cannot be used to narrow that right.

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