Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

For that reason, any burning or cutting will be subject to very strict conditions and restrictions which will be specified in statutory regulations to protect fauna and flora. In addition, my Department will monitor activity under these provisions and an assessment of the impacts will be carried out before any decision is taken on continuing these measures beyond the pilot phase. In that context, my Department will work towards gathering the data required to underpin such a decision. This will include data in regard to bird nesting and the level and impact of cutting and burning. I consider that these provisions provide a pragmatic approach which will help to address some of the challenges faced by those living In rural areas. I want to strike a balance. While hedgerows and upland areas are very important in terms of wildlife habitat, they also need to be managed in the interests of both farming and biodiversity. I also intend to launch a public awareness process so that all stakeholders, including local authorities, landowners and members of the public are fully informed on the restrictions on hedge cutting and burning.

Following legal advice on the issue I have also taken the opportunity, in section 10 of the Bill, to clarify the powers of authorised officers of my Department and An Garda Síochána under the Wildlife Acts. National Parks and Wildlife Service officials of my Department and An Garda Síochána are authorised officers in respect of investigating breaches of the various provisions of the Wildlife Acts. These new provisions clarify their powers in this regard and brings them very much into line with how the powers of authorised persons under the more modern European Communities (Birds and Natural Habitats) Regulations 2011 are expressed and set out in the law.

Section 11 updates the penalties for offences under the Wildlife Acts and introduces fixed payment notices for certain offences under the Wildlife Acts. Finally, in section 9 there are some minor amendments to the wording of a subsection in section 40 of the Wildlife Acts updating the collective citation for fisheries legislation and replacing the references to the Central Fisheries Board which is now Inland Fisheries Ireland.

Part 4 deals with amendments to the Heritage Act 1995. The amendments proposed in Part 4 are based on the recommendations of the critical review of the Heritage Council, which was carried out by my Department in the context of the public service reform plan. Section 12(1)(a) refocuses the activities and functions of the Heritage Council, with particular emphasis on engagement with communities and local authorities. Section 12(1)(b) introduces the non-remuneration of members of the board, while continuing their entitlement to expenses incurred in discharge of their duties as board members. Section 12(1)(c) provides for a reduction in the size of the board of the Heritage Council to between eight and ten members, excluding the chairperson.It ensures a gender balance by having a minimum requirement of four females and four male members and reduces the quorum necessary to five, including the chairperson, to reflect the smaller board. It removes the requirement for the Heritage Council to establish statutory standing committees on wildlife, archaeology, architectural heritage and inland waterways. In general, these changes will allow for a more effective and efficient operation of the Heritage Council and a more streamlined approach to how it carries out its primary functions.

I will reiterate that the changes proposed to the Canals Act are mainly enabling provisions to provide for a robust regulatory framework for the use of boats on canals. They are designed to bring clarity and enhance the management of the canals. I will take this opportunity to acknowledge the work of Waterways Ireland, in particular the way it has responded in challenging conditions in recent months.

Regarding hedge cutting and the burning of vegetation, the changes are designed to introduce a limited amount of flexibility and to ensure that a fair and balanced system is in place while protecting biodiversity. The co-operation of all stakeholders is essential in the successful protection and management of our natural environment.

I acknowledge the good work of the Heritage Council and its commitment to the review process, which led to the proposed changes. I am pleased to have had the opportunity to outline the provisions of the Bill and I look forward to hearing the Senators' views on the Bill's contents. I commend the Bill to the House.