Gerard Craughwell (Independent) | Oireachtas source

I welcome the Minister to the House. Some time ago I had the pleasure of congratulating her on her work, in particular on 1 January at the flag raising ceremony and concert she laid on. I am afraid that today is not her finest hour. Like most Senators in this House, I have been contacted by people who have grave concerns about the Bill before the House today. I thank a colleague of mine in Cork, Councillor Marcia D'Alton, for her efforts regarding what I have about to say. She stated:

It is sadly ironic that the Heritage Bill is being debated in the Seanad today - Penguin Awareness Day. Penguins worldwide are facing extinction due to loss of habitat caused by human practices. And in Ireland, the numbers of so many upland birds... are exhibiting massive decline also because of loss of habitat caused by human practices.

There has been a large cry from the farming and other communities to extend the legally permissible burning season. It is true that our legal burning season in Ireland is very much shorter than it is, for example, in Scotland and England. The restrictions on burning were tightened in 2000, primarily to reflect concerns about the nesting season.

The letter continues to explain how, since 2000 and despite these restrictions, our uplands have continued to decline. An assessment prepared by the Government for the European Commission in 2013 found that the upland habitats were in a bad state. Many birds were breeding in upland habitats listed as areas of critical concern in respect of conservation.

The most sympathetic of considerations indicates that the current stricter controls on burning are simply not working. Why is this? It is because conservation of uplands is not simply about burning. Vegetation management in the uplands is critically linked to the biodiversity welfare of the uplands. Too much vegetation is as bad as too little vegetation. Traditionally, farmers, in particular, sheep farmers, were the caretakers of the uplands. Their sheep kept vegetation levels down, they burned in small areas regularly and vegetation recovery was possible and cyclical. Up to 2011, these farmers had the opportunity to be rewarded for such sensitive land management practices through the rural environment protection scheme, REPS. By 2011 REPS was done away with and replaced by the agri-environment options scheme. Under the scheme, assistance is provided by Teagasc to prepare a plan, but the plan focuses primarily on the restoration of over-grazed areas. It does not require a farm survey or offer any guidelines on when grazing should occur. It does not suggest measures to encourage co-operation between farmers with commonage. It does not include a burning plan.

The number of upland sheep farmers is in decline. They simply cannot make the same profits as lowland farmers. The work is difficult, especially for an ageing population. Many of these farmers depended on REPS to supplement their income, but the financial benefits under the AEOS are far smaller than under REPS. Since the number of upland farmers is in decline, the number of sheep is in decline as well. Therefore, vegetation is not kept as it would be otherwise.

Another significant issue is that farmers do not control unwanted invasive species on land under the single farm payment scheme. Penalties may occur, but some species regarded as invasive may act as valuable habitat for native birds and wildlife. When burning season opens, fewer farmers are trying to control higher vegetation on larger areas of upland during a shorter season. This leads to large uncontrolled burning. It is too hot, it targets the wrong species and it occurs over wide areas. There is a major detrimental impact on the wildlife, and not only birds. The practice encourages soil erosion, there is much added danger and the areas take a long time to recover.

We have a major balancing issue but it is not going to be resolved by revision of the heritage legislation today. All today's Bill does is permit the Minister to make regulations to extend the burning season. We badly need an improvement management system for the uplands with a genuine understanding of farm management issues and biodiversity issues. These are intimately related. The management system needs to be informed by a code of good practice for burning. This needs to be drawn up in conjunction with farmers and ecologists. I note we have a code of prescribed burning drawn up by the Department of Agriculture, Food and the Marine in 2011, but this is targeted towards facilitating the larger farmer.

The point being made by Councillor D'Alton is that the Bill is flawed and we should do everything we can to stop it. She makes reference to the Heritage Council. My colleague, Senator Barrett, has addressed this point today as well. She says that despite whatever protestations the Minister may make to the contrary, the council is very much the poor relation when it comes to funding. Funding from Government to the Heritage Council has been slashed by almost 90% since 2011. She fears that the changes proposed to the board structure and remuneration would further undermine the invaluable statutory function of the Heritage Council.