Seanad debates

Wednesday, 9 November 2016

Heritage Bill 2016: Committee Stage

 

10:30 am

Photo of Grace O'SullivanGrace O'Sullivan (Green Party) | Oireachtas source

I move amendment No. 1:

In page 3, between lines 17 and 18, to insert the following:“(5) The Roads Acts of 1993 and the Roads Act of 2007 may be cited together as the Roads Acts 1993 to 2007.”.

I thank the Minister for coming to the House. We are discussing the Heritage Bill, yet I understand a primary concern for most people is the issue of road safety. I am tabling this amendment to ensure that road safety, which is paramount to public health and safety, is dealt with where it should be dealt with, namely, under the Roads Act.

This Bill, as formulated, does nothing to address or enhance road safety. I realise that issue is at the forefront of the concerns of all Senators. This is why I have proposed amendments Nos. 1 and 6. These amendments take steps to simplify and increase the ability of councils to apply the existing provisions of section 70 of the Roads Act and section 40 of the Wildlife Act. These sections already permit cutting of hedgerows, even outside the permitted cutting period, in the interests of road safety.

This amendment will allow landowners to apply to the local council to cut where a danger arises while maintaining necessary environmental oversight. These amendments will also go some way to ensuring that such necessary cutting can be centrally recorded in the interests of better data collection as well as to enhance the sensitivity of such work on the affected habitats.

These measures can form a new basis for the approach we take to hedgerow management and road safety, much like the approach being pioneered by councils in Clare, Donegal and Tipperary. These councils have initiated pilot projects to encourage a joint approach, involving communities and landowners, in the cutting of hedges and trees where they need attention. The Clare scheme provides a grant of €50 per kilometre of roadside hedge or overhanging trees requiring attention. The Bill is devoid of this type of innovation.

I wish to be perfectly clear. The Heritage Bill, as it stands, does nothing in terms of road safety. Road safety is already clearly provided for under the Roads Act.

I believe that the confusion that has arisen among councillors and the public in respect of the Heritage Bill is very much related to road safety. I put it to the Minister that it is incumbent on the Government to explain clearly that farmers, landowners and the public can make provision for road safety in the existing law under the Roads Act and these powers need not be included in the Heritage Bill.

I am keen for the Minister to recognise that the Heritage Bill, as it stands, has nothing to do with road safety in respect of protecting the health and safety of the public, farmers and the people. This amendment will go some way toward creating clarity on the matter.

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