Michelle Mulherin (Fine Gael) | Oireachtas source

This is an important debate. Biodiversity is one of these topics that is becoming more in vogue. That is a good development because there is much going on in nature around us the significance of which, unless it is described or pointed out to us, or explained, is hard to understand. It is clear in biodiversity that it is not merely an odd sentimentality. We all live in the shadow of one other that way. It is important that we take cognisance of the environment, but human beings have to live too and it is fair to say the minute somebody cultivates a garden, he or she is interfering with wildlife. It is about achieving the balance.

Obviously, there are a lot of concerned citizens. BirdWatch Ireland and a number of the advocacy organisations which have the interests of wildlife at heart have raised concerns. When the Minister is responding, I would be interested to hear what the National Parks and Wildlife Service has to say about this. It is to the fore in the defence of the environment and it is charged with doing that.

Of course, there are two parts to this under discussion - one is hedge cutting and the other is burning. The reality is the local authorities have six months of the year to cut back the hedges, that is, from 1 September to 25 February. The other reality is the urgency of hedge cutting among both the public and local authorities only seems to become apparent when there is considerable growth. We see a lot of growth in July and August. It strikes me that, compared with a lot of other tasks undertaken by the local authority, there is not as much forward planning involved. Hedges should be cut back, where possible, within the appropriate times that are allowed and that are deemed to be more favourable to give the wildlife a chance. It seems that in the case of a lot of local authorities there is not such forward planning and it only arises when the problem appears, whereas through local knowledge, one will be aware of the roads that lead to schools. The local authority and its workmen on the ground know there are certain roads that, because of the bends and twists, will cause problems and the local authorities need to be challenged about hedge cutting programmes.

Having been a councillor, I am aware that funding for hedge cutting is an issue. Perhaps that is why it is so ad hoc. Sometimes the hedge cutting is carried out on the basis of who is shouting the loudest about a road safety issue. Where I am from, roads leading to schools in rural areas get priority.

Another issue is a practical one. Sometimes equipment being used for hedge cutting is not of the best sort, in that it is blunt, it traumatises the hedges and leaves them prone to disease. They are not being cut back properly or, basically, are being butchered. I immediately add there are many responsible contractors who know what they are about but in respect of the specifications or the definition of the job to be done - invariably, it is contractors who do the work - the councils need to ensure the equipment is appropriate and the contractors know what they are doing. I refer to the proactive approach regarding Japanese knotweed. For example, Mayo County Council has approached all the contractors and has set out the way one is to tackle the spread of Japanese knotweed to ensure it does not spread further. It seems comprehensive. It would be a worthwhile exercise to do the same in respect of the hedgerows to ensure that what is being done is being done appropriately.

There is another point that has to be made here. When one has fresh growth into August, which is the month that is being talked about, birds are nesting in the heart of a hedgerow and out on the edges, it is really supposed to be verge trimming and not cutting right into the hedgerow. There is a distinction. I suppose, as I have made my own inquiries, including with the National Parks and Wildlife Service, I would be interested to know officially what it is saying.

I will pick up a point made by Senator Ó Domhnaill. It is something I wanted to put to the Minister also. There is merit in looking at the issue of distinguishing between hedgerows which adjoin public roads and other hedgerows. The vast majority of hedgerows are not along public roads. They are within fields and elsewhere. Some distinction should be made between those hedgerows where there is a road safety issue and others where there is not the urgency or compulsion that would require them to be cut.

Another point to be made about the August date is schools are coming back a lot earlier. Schools now return in August and there is the issue of road safety. It is not only about road safety because just as motorists fall foul of potholes, many people at times get their wing mirrors clipped on narrow country roads, which are well used. As I say, there has to be a element of practicality about this. As schools are coming back earlier, there is pressure coming from the public for the local authority to address the issue earlier.

We must go back to the basic point that if the local authorities had a plan in place - surely they know that these school roads would need to be done and that they should be well cut back in the first place at the appropriate time, that is, in advance of the February date - that would turn a lot of things on their heads because the way hedge cutting goes in a cyclical fashion at present, the derogation is used to do a lot of hedge cutting on the school roads and one would wonder if some of this can be avoided.

In relation to the burning, my impression from the legislation is that, while the Minister will being in regulations, there is another issue here. The burning of vegetation is nothing new and in traditional farming it was done to get rid of the coarse grass and get at the fresher grass. There is a debate about whether or not there is a necessity, but it did form part of traditional farming. I also believe that traditional farmers did not torch something and walk away from it. It is uncontrolled fires that lead to all sorts of environmental implications and there needs to be some sort of licensing system for the burning of old grass. I would ask what the Minister envisions under these regulations.I know my colleague, Senator Lombard, also mentioned the pilot projects both for burning and hedge cutting. It is a very pragmatic way to go at it and try to get a balance between competing demands of road safety, farmers and the rightful demands of environmental protection. Does the Minister envision a licensing regime in that regard?

While I am on my feet, I will make a point that the Minister might also address relating to powers of authorised persons under the legislation, specifically section 10(1). It is the amendment to section 69 of the 1976 Act through section 7B. The Minister might bear it in mind as I want to flag it.