Alice-Mary Higgins (Independent) | Oireachtas source

I too very much look forward to speaking against section 8 later and I share some of the concerns expressed by Senators on section 2 as well. We might have the opportunity to highlight future amendments to that section.

Returning to the question at hand, I ask for what is really a clarification in responding to Senator Ó Domhnaill. I absolutely share the Senator's concern at the lack of precision, nuance and detail in how this might be followed up and what are the measures and tests. That is why I am hoping the Senator and others in his party might support our amendment No. 6, as it allows precisely that kind of decision on what hedge can be impacted and why. It leaves a chain of accountability and we know which hedges have been cut and why. At a very basic level, it gives us tracking of the kinds of hedges that will be affected and why, as has been mentioned around the House. The proposal is in amendment No. 6 and it allows people know how and why hedges are being cut.

The Senator mentioned that in March and August, only local authorities or road safety authorities could cut hedges. Local authorities and road safety authorities can issue a section 70 notice to a landowner and that allows him or her to cut those hedges. Moreover, the amendment we are considering clarifies this and makes it easier for the landowner to request a section 70 exemption much more easily and effectively. If the landowner wants to cut, this will ensure he or she can do so. As has been stated, a member of the public can also be involved. There is a section 70 system that is functional and perhaps it can be improved. We have set out concrete and effective improvements. I would like the Minister to speak specifically to her view on the amendment, if she can support it and if there are road safety concerns extending beyond it.

Senator Trevor Ó Clochartaigh spoke about the role of farmers and landowners as custodians of nature, which is important. There are dual roles in this regard. There is the responsibility of a landowner with respect to road safety and there is also the responsibility that many landowners and farmers have directly in the funding they receive under the Common Agricultural Policy. A section of the funding they receive relates to their role as custodians of green space and nature. That role of custodian being taken on by farmers and the role they have relating to road safety is currently balanced in the system we have. Now we are placing all the risk and endangerment of their role as custodians of nature on landowners alone; in August, only the landowner could make the decisions in this regard. We are saying that instead, by accepting amendment No. 6, the Minister can ensure the local authority and the Minister remain accountable in that the balancing of these roles is being properly achieved and there is tracking.

I will speak to my overall concerns about section 8 shortly but I would appreciate if the Minister could address that question of the road safety proposals put forward in amendment No. 6, whether she can support them and why she feels there is a road safety concern extending beyond that. In August, there are busy roads and hedge cutting in itself creates a danger or road safety concern. That is something to borne in mind, particularly during our tourist season and times when many people travel on roads they may not be used to. We should consider how this is affected by hedge cutting with no notification to local authorities or clarity. It would be ad hocand there would be no measures to know whether it is taking place. It could happen anywhere in Ireland at any time in August.That is a very serious concern for road safety, as well as tourism.