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Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I will ask the officials to look at it and see can we bring it back at Report Stage. Would that be acceptable?

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Point noted.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I will revert to the Deputy on it.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I am not in a position to respond today.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: While I do not accept the amendment, I see merit in the Deputy's proposals on structures for setting up committees based on, for example, the structure of the current forestry liaison group which has balanced stakeholder representation. The level of detail proposed by the Deputy is not appropriate to the Bill which sets down the basic principle for the establishment of committees. In...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Yes, to allow for flexibility.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I move amendment No. 39: In page 10, line 36, after “functions” to insert “under the relevant statutory provisions”.This is a technical amendment to expand the text in order that the functions for which the Minister may establish committees are related to functions under the relevant statutory provisions. These functions are extensive and will not be limited in...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I move amendment No. 40: In page 11, to delete lines 19 to 23 and substitute the following:“9. (1) A person shall not disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as a member of a committee unless he or she is authorised to do so by the Minister or as provided by law.”.This amendment to section 9(1) is no...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I will deal with amendment No. 41 first. While I cannot accept it, I will consider the public interest issue in consultation with the Parliamentary Counsel and, if necessary, review the section on Report Stage. Amendment No. 42 arises from consultation I had with stakeholders who expressed concern about the severity of the penalties imposed for unauthorised disclosure of information by a...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: It is €500 and at the lowest end of the scale, whereas a class A fine is €5,000 or six months imprisonment or both. That is what was originally proposed and it was reduced because of the concerns of those who made submissions.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I will come back to the Deputy on that.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: In response to what has been said, I do not want to bully this legislation through. Members are going through a process in this regard. The Bill was the subject of a lengthy Second Stage debate in the Dáil Chamber during which there were good contributions. The select committee is dealing with amendments on Committee Stage. There has been consultation in recent months with all...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I move amendment No. 35: In page 10, line 10, after “conditions” to insert the following:“, but a revocation of a licence or of another foregoing matter shall not take place unless the Minister is satisfied that⁠—(i) there are substantial grounds warranting that course of action, and (ii) the exercise of none of the other powers under this subsection would...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: The last thing we want to do is to cause grief to anyone. This was never the intention of this Bill. I hope we can achieve consensus in that regard. Deputy Penrose referred to farm modernisation. He gave a very clear example of what we should be doing. A working group is dealing with this issue. I assure Deputy Penrose that the conditions will not be cumbersome. It will be easy and...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Yes.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I cannot agree to amendment No. 34. The proposed amendment would limit the Minister's power to revoke an approval or a licence or loan only in circumstances where a breach of the approval or licence or loan occurs. It would prohibit the Minister from revoking an approval, licence or loan in circumstances where, for example, a licensed forestry operation is having unanticipated or unintended...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: I have no problem thinking about it between now and Report Stage. People in general, and the small landowners who apply or draw up the plan, are custodians of the land. They like the environment and want to protect it for future generations. They want their plans to be practical and reasonable. Many of them are much more knowledgeable than some of the so-called experts. I gave instances...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: This is only in cases of unauthorised dwellings.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: Where the replanting order is served on any person, in the case of registered land, the section refers to "the replanting order as a burden affecting such land".

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (25 Feb 2014)

Tom Hayes: No.

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