Michael McDowell (Independent) | Oireachtas source

Although this has been described as a two-year pilot scheme, it seems to me from the way the Bill is proposed that it could be a permanent part of the law of the land as long as it gets annual renewal from the Houses of the Oireachtas. I suggest it would be a contradiction in terms to describe as a pilot scheme something that would be perpetually rolled out everywhere across Ireland for the month of August. I say that without wishing to stretch language too far or use it in an inflammatory way.

Under section 8 of this Bill, the Minister is seeking the power to make regulations in relation to burning "subject to such conditions or restrictions specified in the regulations to ensure the protection of fauna or flora", and in relation to hedgecutting in August "subject to such conditions or restrictions specified in regulations made by the Minister in relation to hedgerow husbandry, management or maintenance to protect fauna or flora". Does this Bill provide any direction in respect of the "restrictions" that might be provided for? What does one do if one wants to protect birdlife in a hedgerow? Does one inform the relevant farmer that the regulations provide that he must inspect the hedgerow carefully for nests before he starts work? Who is going to be in the field watching such operations to ensure the regulations are complied with? In the absence of a busybody staring through the hedgerow to try to see what is happening on the other side of the ditch, how will anybody know whether the regulations are complied with? It is all very well to say that the Minister may specify in regulations "conditions or restrictions " in order to protect fauna or flora, but that really does not assist us very far in the matter.

I am sympathetic to farmers who want to keep their land properly maintained. I have a small písín of land attached to my house in County Roscommon. I am always amazed by the extent to which the hedgerows shoot out and expand constantly unless they are disciplined, so to speak. For that reason, I sympathise with any farmer who wants to ensure the square footage of his fields under cultivation is not encroached upon by uncontrolled hedgerows.

As I have been listening to the debate, I have kept asking myself why it is so important for the cutting to take place in August rather than September. The point was made that farmers want to be able to take the machines they use onto roads in conditions of safety. I could appreciate the sense of that if there was a differentiation between on-road hedgerows and off-road hedgerows. Maybe I am missing some point about agriculture when I say I cannot see why September is not just as good as August for carrying out off-road hedgecutting. Given that the vast majority of hedges are off-road, it seems to me that the Minister could indicate some willingness to differentiate between on-road hedgerows and off-road hedgerows and consider whether it is really necessary to allow off-road hedgerows to be cut in the month of August when, as we know, a considerable amount of wildlife and birdlife is at risk from such activity.

I have noticed something surprising at my own boundaries. When the county council's contractors come up the road, they seem to create quite a deal of spectacular damage to the hedgerows. While their machines may be crude, everything goes back to normal within one growing season and the extent of the damage done is no longer noticeable. I just wanted to add that in to show a bit of balance.

I am unhappy that this House is being asked to give the Minister these powers without being given any real assurances regarding the protections she could put in place to protect flora and fauna. I am unhappy that the Bill does not differentiate between on-road hedgecutting that is necessary for road safety and off-road hedgecutting that is done purely for land management reasons. I am unhappy that no explanation has been given as to why off-road hedgecutting cannot be done in September. Why does it have to be done in August, which is a busy period for farmers, as far as I am concerned? The reason they would set to their own off-road hedges in August escapes me. I do not believe most farmers would do this work in the month of August. I certainly think the protection for wildlife under the current situation is not a major intrusion on the right of farmers to use their land in a proper and effective way.