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Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I thank the Chairman and all the members for ensuring Committee Stage of the Bill would be dealt with today. I thank them also for the opportunity earlier in the Dáil to comment on changes the Bill will make to the forestry industry. That was a sensible, reasonable and practical approach to furthering that measure. This is a significant change. Only three or four of these farmers...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I thank Deputies Michael Collins and Martin Browne. Obviously, the objective here is to be reasonable and fair, as I said at the outset, and to ensure appropriate and fair compensation is provided for the closure of these farms. When we discussed Deputy Michael Collins' previous amendment, I outlined that a full 12-month period is covered. There will be six months before a farm closes and...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: That matter is being moved to the regulations. We have done on-site engagements and assessments on what the likely cost will be and to take advice on that. It is something that will be assessed and finalised as part of the regulations following on from the Bill itself.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I move amendment No. 3: In page 10, line 21, to delete "a serious or significant error or a series of errors" and substitute "a serious and significant error or a series of such errors". This section enables an applicant for compensation or the Minister to bring an appeal to the High Court against an assessment of compensation by the independent assessor. This amendment will ensure the...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: The objective in putting the Bill together is to put a reasonable and common-sense structure to how we make a decision on what is appropriate compensation, and that it should not be done in the courts but rather the mechanisms as established in the Bill. That means there would be an assessor and independent overview of what the costs might be. It would be really important that this is...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: There is precedent in the process normally taken for the threshold in appealing to the High Court. In putting the structure of the compensation process together, it is important that it should ensure a fair outcome. It is also appropriate in setting the threshold for appeal to the High Court that we take cognisance of what happens in other situations. I have been very much guided by the...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I thank Deputy Carthy. The assessment would be that, for example, to use the word "material" would be too broad and, indeed, very vague as a result of that. In putting the legislation together as lawmakers, it is important that we have due regard to putting in place a good robust structure and process that will get a fair outcome in terms of the implications for the farmers concerned and...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Yes, I am. I will make a further comment on Deputy Carthy's contribution. On thresholds that are "serious or significant", these are words most commonly used with regard to a referral of a case to the High Court. There is, therefore, significant case law around that. Obviously, making that decision and consideration at the end would be a matter for the judges based on the threshold we...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I move amendment No. 5: In page 12, between lines 9 and 10, to insert the following: "PART 3 AMENDMENT OF FORESTRY ACT 2014 Amendment of Forestry Act 2014 8. The Forestry Act 2014 is amended— (a) in section 2, by the insertion of the following definitions: “ ‘native tree area’ means land under trees— (a) with— (i) an area of not less than 0.1...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Whatever you prefer, Chairperson.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Deputy Kehoe made the point that people have been cutting down certain tree species for years. The culture is changing. It needed to change and we need to encourage it to change. We also need to make it as smooth and amenable as possible for those who want to plant. In terms of small-scale afforestation, we need to encourage native trees and native tree plantations. We can all envisage...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: All forests over 0.1 ha are included in our assessment as to our forest cover and inventory so it would be included and counted. Obviously, we want to achieve that target of 8,000 but we want to go higher than that in the decades ahead so every contribution to that and every new piece of afforestation will be important. Whenever we are doing at small scale, that is not necessarily as...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Anything over 0.1 ha is countable and is assessed and measured.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: To return to the question on the 8,000 ha, the situation has always been that anything over 0.1 of a hectare is calculable for sequestration, etc. and is counted as forestry. The same applies in this case and that will be countable towards it. In terms of the 8,000 ha target, in the first instance the forestry programme and, indeed, the European regulations require at least 30% of that...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I take the Deputy's point. The capacity to plant up to 1 ha covers that type of an approach. While it might be wider, if it is within the 1 ha then it will cover it whereas the capacity to plant something that is above 1.1 ha but not greater than 20 m in width means that people will be able to plant more than 1 ha because there is no 1 ha limit but only if it is less than 20 m wide. The...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: I thank the Deputy. The provision is to enable us to put together a scheme, on which we would consult and engage with all interested stakeholders. We simply would not have the capacity to put a scheme together now to encourage the small-scale planting of native woodland and trees. I do not see how anyone could object to the proposal. It is a sensible and logical measure. It is about...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Over the past three or four months, we have been considering this in a significant way. Again, I cannot see how anyone would object to making it more practical to facilitate some afforestation. It is a positive, enabling mechanism. We will engage with all stakeholders when putting the scheme together. The more everyone reflects on this, the more they will realise it ticks the boxes in...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Up until now, any plantation above 0.1 ha would count towards our figures but people would have to apply for a licence for it, even if it was between 0.1 ha and 1 ha. This means that it is much more practical for anybody who wants to plant. On reaching the target of 8,000 ha, up until now, the target would be for 30% to be deciduous or native trees anyway. We need to be as ambitious as we...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: We all have to strive to improve the percentage of native trees. This is not about trying to reduce any ambition but about increasing our ambition and using every possible tool and the willingness that people have to contribute in a sensible way. This proposal stands on its own merits. I believe it can only be looked at in a positive fashion and its purpose is to enhance and contribute to...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage (15 Dec 2021)

Charlie McConalogue: Coillte has significant plans in that regard. In advance of Report Stage, I can get a briefing on what it is doing. With regard to Project Woodland and the work that we are doing, there is significant effort to make sure that we increase the level of native plantation and trees planted. That is something that Coillte plans to contribute to, as well as the fact that we need to try to...

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