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

I thank those Senators who have participated, some of whose contributions have been practical and helpful in regard to canals, wildlife and heritage council elements of the amending legislation. On the canals, I welcome Senator Barrett's constructive and positive comments as our canals are valuable resources and public amenities. Like Senator Brennan, I want to see our canals further invested in. I want to see the Ulster Canal open. It is the last piece in the jigsaw and I was delighted to get approval from Government last year to commence work on the first stage of the Ulster Canal from Belturbet to Castle Saunderson. As the canal moves towards Clones on an incremental basis it will open up a whole new area of tourism and greenways and that will be hugely positive for the area.

Waterways Ireland is proactive in developing the recreational aspects of the canal. On the powers of authorised officers to enter boats that are permanent dwellings, protection is provided by the requirement to obtain a search warrant which can only be granted by a judge of the District Court. There was extensive consultation by Waterways Ireland during the consultation period on the draft canal by-laws and over 2,000 submissions were received. This is evidence of a very positive consultation process. I have taken note of the comments on the consultation period extending beyond 21 days.

I welcome Members' support for the provisions clarifying the powers of my Department's authorised officers and for updating penalties for offences under the Wildlife Acts. In answer to Senator Ó Domhnaill, there will be a further consultation process regarding the regulations on hedge cutting and burning and we need to get the right balance in achieving road safety, managing our environment and protecting flora and fauna. I note the concerns of some Members on the impact of the provisions relating to burning and hedge cutting on bird life, especially relating to the nesting period of bird species. There seems to be some misunderstanding here. We plan, in a very controlled environment, to move the hedge cutting date from 1 September to 1 August on a pilot basis. In answer to Senator Craughwell, regulations made on burning will include guidelines on burning in upland areas and will take account of our obligations under the EU nature directives.

Senator Comiskey is right; if there is proper management of the uplands it will benefit wildlife. I live in the country and birds and the natural environment surround me so I am very conscious of this. I want birds to be protected and doing this in a managed and proper way will benefit wildlife. Senator Norris had a few interesting things to say. He said that August is the middle of the nesting period. That is absolute nonsense - August is not in the middle of the nesting period and anybody who lives in the country, or even who lives in a city, should be aware of that. The hen harrier is a protected species so it is incumbent on a landowner to ensure no harm is done to the hen harrier, no matter what time of the year cutting or burning takes place. It is very important to note that landowners must take account of the habitats directive and the onus on them to make sure they do not do any damage to wildlife. People should realise that we depend on our rural dwellers and the farming community to help manage and maintain our countryside.

Reference was made to the birds case. My Department, in conjunction with a number of Government Departments and agencies, has been engaged in a significant programme of work to meet the requirements of this case since the findings were published in 2007 and, as a result of these efforts, the majority of the findings have been addressed to the satisfaction of the European Commission and no fines have been applied against the State. We must ensure that the changes to the hedge-cutting period in August does not impact on our population of wild birds, including the yellowhammers and many other species that have been mentioned here today. Any such cutting will be subject to conditions and restrictions which will be specified in regulations on hedgerow husbandry, management and maintenance to protect fauna and flora. There is a sunset clause in the Bill and I will review the operation of the provision after two years. My Department will also gather data to underpin the decision and this will include data on bird nesting and the level and impact of cutting.

During the consultation process, 188 submissions were received, ranging from detailed submissions to individual, brief points of view. Stakeholder groups, such as Birdwatch Ireland, An Taisce, the IFA, the ICMSA and Government Departments and local authorities were among those to respond. Some 102 submissions were received from members of the public, 44 from representative bodies, 29 from other Government Departments and local authorities, eight from elected representatives and five from businesses and consultancies.

The changes to the Heritage Council mainly relate to governance procedures and have arisen as a result of a detailed review undertaken in 2012. I agree that the Heritage Council does great work and is very good at engaging with communities.That is one of its great strengths. All of the changes proposed in this Bill have been agreed with the Heritage Council. I want to reassure the Senators that my Department works very closely with the Heritage Council.

I say to Senator Craughwell that the councillor gave him wrong information because funding for the Heritage Council has increased by 15% over the past two years. Its funding remained constant between 2011 and 2013 and has increased since. As the economy continues to improve I want to see more investment in our heritage.

I want to acknowledge the supporting comments by Senator Ó Domhnaill of the review of the Heritage Council. The role of the council in terms of heritage, education and awareness is very important and that is why it is an essential part of working with communities, as outlined in the Bill.

The Bill has been brought forward with the agreement of the Heritage Council. That particular section-----