Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

Tá fáilte mhór roimh an Aire, atá anseo inniu chun páirt a ghlacadh i ndíospóireacht ar an Bhille tábhachtach seo. Tá a fhios agam go bhfuil sí faoi bhrú i mbliana agus go bhfuil go leor oibre idir lámha aici le linn chomóradh 1916, agus guím gach rath uirthi san obair sin. I acknowledge the Minister's workload this year, given the commemorations. I wish her well with that.

The Bill is short, but important for a number of reasons. A welcome review was conducted of the Heritage Council. Based on the 2011 Government plan to re-evaluate State agencies, the organisation's effectiveness and efficiencies were examined. Two options were on the table: merge the Heritage Council with another body or leave it as a stand-alone organisation. Opting for the latter was the right decision. It is an important organisation and can play a pivotal role. Perhaps this year is significant for a number of reasons, but the main one is the celebration of our heritage. The council will play a key role in that regard. I agree with the Minister that its role should knit more closely with local authorities' in particular. My local authority has a heritage officer, who does excellent work. A closer knit between local authorities and the Heritage Council would be welcome. The council could also play a more active role in engaging with schools, in particular primary schools. This suggestion could be taken on board, although budgetary constraints on the council may affect it.

The other legislation that is being tidied up includes the Canals Act 1986. Fianna Fáil will support the passage of this Bill through the Seanad. I have received correspondence, particularly in recent days, regarding the proposed changes to section 40 of the Wildlife Act 1976. Senator Norris made one or two comments. People contacted me about this issue yesterday and today. I have read some of the submissions, including those made during the public consultation process. That process was the right approach to take, as the submissions evaluated by the Department of Arts, Heritage and the Gaeltacht highlighted other aspects for consideration, for example, road safety, including the safety of cyclists and runners. I run and walk up and down many country roads with overgrown hedges and so on. They pose dangers.

Another dimension is the agricultural one. A submission was made by the Department of Agriculture, Food and the Marine in this regard. Rural Ireland has many hedges and we need to protect the wildlife that live within those, but a level of common sense must be adopted instead of rigid and strict guidelines. The Department's submission pointed out that, although an element of road safety legislation had put the onus for cutting hedges on landowners, this was not possible because of the constraints applied by the Wildlife Act. One Act was working against another. This has to be tidied up.

I am unsure as to what level of consultation or what data will be used in forming the regulations, so the Minister might explain today or during later Stages. Some submissions were made by rural councillors, for example, Mr. Séamus Cosaí Fitzgerald of the Minister's own party in Kerry and Mr. Brendan Cronin, also in Kerry. Councillor Michael Gleeson made a good submission. Councillors Joe Fox, Martina Kinane and, in County Kerry, Johnny and Danny Healy-Rae made submissions, as did Councillor Paddy Meade. These were cross-party councillors from rural Ireland making submissions in support of extending the cutting season for hedgerows and so forth.

I come from a rural part of the country in County Donegal that has many farmers who are restricted from cutting back hedges. This is raising road safety concerns. The council is statutorily allowed to cut hedges, but the ultimate onus is on the landowner, not the local authority. Tidying up this legislation is important. Some of the organisations that have raised concerns have done so for valid reasons. We must protect our wildlife. I tried to find data on the impact of cutting hedges over a longer period - 1 March to 31 August - but was unable to do so. Flexibility and common sense are required. We will support that approach and will not impose constraints on the Bill's passage through the Seanad.