Seanad debates

Thursday, 17 November 2016

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

Before dealing with the amendment on road safety that we are debating at the moment, I want to respond to some of the issues the Minister has highlighted. I concur with those who look for more consultation on the matter. There are proposals here, but the proposals she spoke to today are not reflected in the legislation. I urge the Minister to ensure that if there are amendments, if there are proposals, if there is a tightening of the focus that she wishes to put forward, then it should be put forward in the legislation here. There may even be opportunities for Members of her party to table constructive amendments in that regard.

The Minister spoke about only allowing one season's growth, but then spoke about heavier cutting being needed every three years. There might be a bit of a technical contradiction. She is making the case for heavier cutting every three years as an argument for the amendment, but then she is also saying it would only involve the current year's growth. The heavier cutting every three years should be done in the correct six-month period and would be done in the correct six-month period because under the Bill as the Minister is describing it, that heavier periodic cutting would not be done if we are talking about a one-year growth. It is just a technical issue, but it needs to be clarified.

Others have spoken about the role of the flower season and berries. Based on e-mails I have received, people are concerned over mixing things up. We are hearing that these are agricultural proposals. Why is the Minister for Agriculture, Food and the Marine not putting them forward? We were told there were concerns over road safety. Now we see that the proposals relate to a combination of concerns over road safety and agriculture. We need more nuanced and clearer information on that.

The National Parks and Wildlife Service was mentioned and I am sure we will get to discuss that later. There are serious concerns over the repeal, in later sections of the Bill, of very basic protections for those enforcing these amendments, such as National Parks and Wildlife Service, including the right to not be assaulted in the course of their duties. That is a very serious concern.

We talked about the weather being unpredictable and August being the month that is available. However, there are six months. Based on the debate, it could be suggested we are saying there should never be cutting. There are six months of the year and while the weather in Ireland may not be as wonderful as in other parts of Europe, Ireland has a range of decent weather and within a six-month period there are usually suitable periods of time.

Many concrete proposals have been made. For example, much of the cutting that takes place in spring here takes place in autumn in Scotland. I am sure we will come to that when we address the relevant section. Perhaps the Minister might seek to add some more detailed information when we deal with that section.

We are dealing with amendments Nos. 1 and 6 relating to road safety. Some very important additional information has come in. We have heard of the need for the Minister to consult with environmental groups and key stakeholders in the area. However, speaking in the House yesterday, the Minister for Transport, Tourism and Sport clearly said that his role in the Department covers road transport and road safety. He seems to be clear that road transport and road safety are within his remit.There is a question as to the reason the work should be left to the Minister for Transport, Tourism and Sport or whether the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Humphreys, may look to engage more actively and constructively with that Minister. This issue was raised already but could we hear whether there are attempts to do that? The Minister for Transport, Tourism and Sport, Deputy Ross, stated:

My Department, in conjunction with other key stakeholders, is continuing to pursue the goal of safer roads through actions across a broad range of fronts. A mid-term review is taking place this month on the Road Safety Strategy 2013-2020, which contains 144 actions intended to make our roads safer for all users.

On the specific amendment in respect of road safety will the Minister, Deputy Humphreys, let us know whether she has engaged with Deputy Ross on the mid-term review of the road safety strategy, or whether she plans to engage with the Minister on it? Is it not the case that a mid-term review would be an appropriate place for the issue to be discussed? Might the 144 actions to make our roads safer not be the means to address our concerns about road safety?

The Minister for Transport, Tourism and Sport also stated: "High-level meetings are being held between me, the Tánaiste and Minister for Justice and Equality,.... and other stakeholders...." . He is meeting other Ministers and I urge Deputy Humphreys to ensure she is also among the "other stakeholders" and is meeting him. It is surprising that when road safety was being highlighted, the road safety strategy was never mentioned. I think it would be very useful for those who are putting forward road safety concerns to put forward sensible proposals. There were sensible proposals put forward.

I am strongly supportive of amendment No. 6 which offers within the existing roads legislation the appropriate place for concrete measures which allow us to genuinely strengthen the operation of section 70 of the current Roads Act. This is crucial. It is not simply a matter of giving people carte blanche to cut the hedgerow. We know there are many landowners who should cut back their hedgerows to make the road safer who may not request section 70 orders. The strengthened proposals we have put forward would allow any concerned citizens to put forward a request for a section 70 order which would allow it to go through. There is full provision legally for this at present, but our amendment strengthens its operation. I urge Members to support amendment No. 6. Constructive proposals have come from across the House and perhaps Senator Grace O'Sullivan will speak on that. I hope the Minister would be willing to meet with all parties to see how that amendment could be strengthened to address all road safety concerns. If there is a specific proposal in respect of tillage farmers, let the case be made for them in its own right and separately.

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