Eamonn Coghlan (Independent) | Oireachtas source

Senator Norris was the jumper. I was the runner.

I welcome the opportunity to contribute on this Bill, which will implement the recommendations arising from the 2012 critical review of the Heritage Council. It provides for certain sensitive matters relating to our waterways, wildlife and the Heritage Council. It amends the Canals Act 1986, creating provisions facilitating the making of by-laws for the regulation of the use of the canals and other canal property. This is welcome. It also provides for the regulation of cutting and burning of vegetation at certain times of the year and concerns the powers of the authorised officers under the Wildlife Acts.The Bill also concerns the function of the Heritage Council and the structure of the board in its current form.

The amendments to the Canal Act 1986 are contained in Part 2 of the Bill, as the Minister mentioned. These concern the duties of Waterways Ireland, which is taking over responsibility from the Commissioner of Public Works. All existing references to the Canals Act 1986 will change to references to Waterways Ireland. The Bill provides for the making of certain by-laws for the care, maintenance and control of the canals and the regulation of canal use. This is something we very much welcome, when one sees all sorts of different boats or carriages going up and down the canals. We also welcome the amendments concerning the appointment and the powers of the authorised officers, who will be able to take action. I do not wish to refer to all sections of the Heritage Bill, because they will be replaced in this new Act and are only of a technical nature.

Part 3 of the Bill amends section 40 of the Wildlife Acts in relation to the cutting, digging up and burning of vegetation on uncultivated land. I can understand the wildlife people, because when one travels around the country, and even in the rural part of Dublin where I live, it is lovely to see all the birds during the spring, through the autumn and even into the winter. Currently there is a closed season from 1 March to 31 August for the burning of vegetation. This allows for the protection of bird life during the nesting season in early spring and the protection of vegetation and wildlife habitats during the summer months of growth and reproduction. In 2015, a review of burning and cutting controls was put to public consultation by the National Parks and Wildlife Service. In its report, the importance of wildlife habitats, hedgerows and scrub was acknowledged. It was also said that they need to be managed in the interests of farming and biodiversity.

There are two sides to the story when it comes to hedgerows. Landowners and their representatives had often stated that the closed period was too inflexible and should be amended to take account of land management issues, which we can understand. The Bill introduces a two-year pilot period. I am delighted that the Minister has taken that into consideration and she will make strict regulations permitting the burning of vegetation during this specified time or at times in March and in specified areas of the State. In addition, permission will be given to landowners to cut, grub or destroy vegetation in hedges or ditches during August subject to strict restrictions or conditions specified in the regulations. The Bill also clarifies the powers of authorised officers, updates penalties for offences under the Wildlife Acts and provides for the introduction of fixed payment notices and associated matters.

The Heritage Bill 2016 proposes to refocus certain functions and activities of the Heritage Council, including how it engages with communities and public authorities, and it deals with the size and composition of the board and its remuneration. In Part 4 of the Bill, amendments are made to the 1995 Act, including the introduction of a stronger role for the Heritage Council, the removal of payment of remuneration to the council members, changes to its composition and quorum, and the removal of the obligation to establish specific standing committees. Currently, the Heritage Council is obliged to "co-operate with public authorities, educational bodies and other organisations and persons in the promotion of the functions of the Council". Section 12 of this Bill provides that it will now be a function of the council to "co-operate with, engage with, advise and support public authorities, local communities and persons in relation to the functions of the Council". Currently, members of the council and committees of the council are entitled to remuneration and allowances for expenses incurred by them. The Bill amends the entitlement to remuneration, whereby members of the council or its committees will now only be entitled to allowances for expenses and no remuneration will be paid, which must be welcomed. Other changes relating to the Heritage Council in the Bill reduce the number of board members to between eight and ten, excluding the Chair, and will address the issue of gender balance. It is proposed that there will be at least four gentlemen and four ladies on the board. It also reduces the quorum to five. The Bill removes the obligation on the council to set up standing committees on each of its areas of responsibility - namely, wildlife, archaeology, architectural heritage, and inland waterways - and refocuses a streamlined council, whose principal function is to facilitate the grant-aiding of heritage from various sources and engage with and support local government and communities in the capacity of building and support.

While many areas of sensitivity are involved here, and representations have been made to most of us in this House regarding the proposed changes to the Wildlife Act, I am happy that the Minister and her Department have given due consideration to putting in place a fair and balanced system while ensuring the protection of biodiversity. An assessment of the impacts will be carried out before any decision is made on continuing these measures beyond the pilot period.