Sean Barrett (Independent) | Oireachtas source

I move amendment No. 32:

In page 27, line 9, to delete “may” and substitute “shall in respect of paragraph (a), and may in respect of paragraphs (b) and (c)”.

This deals with replanting orders. Category (a) relates to trees that have been felled or otherwise removed without a licence - a fairly serious offence and an affront to the Minister and his Department. It states that in that case, "the Minister may issue a licence". I want "shall" there. If somebody removes a forest without a licence, I would not say the Minister "may" do something about it. I am on the side of providing that the Minister "shall" do something about it. That is why that change is proposed. The reason I kept the word "may" in the amendment is that the other cases deal with trees

(b) felled under a licence and, either at the time of such felling or subsequently, a condition of the licence is contravened, or
(c) in the opinion of the Minister, [is] seriously damaged.

I believe that (b) is something of an intermediate offence, and (c) is to do with the opinion of the Minister on allowing the damaged forest to be replaced. If a person knocks down a forest without a licence, the Minister has to take a stronger attitude in response than saying that he may require it to be replanted. That is why I propose the removal of "may".