Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I acknowledge that the Bill may appear complex and complicated to some, but I am happy to work through it and address the Senators' concerns. I informed Senators last week that I would accept the first part of amendment No. 6 in principle as it provided for the inclusion of notices served by a local authority on landowners under section 70(2) of the Roads Acts as an exempted activity under section 42 of the Wildlife Act. The amendment goes some of the way towards harmonising the provisions of the Roads Acts on works to be undertaken for safety purposes along public roads with the provisions of section 40 of the Wildlife Act. I intend, however, to consult the Attorney General on the wording of the amendment and will bring a further amendment to the House on Report Stage to reflect the proposal made by Senator Grace O'Sullivan. I will also bring an amendment to the House on Report Stage to deal with amendment No. 1 which deals with the collective citation for the Roads Acts.

On the second part of amendment No. 6, there are provisions in section 42 of the Act for some strict exemptions from the prohibition on burning and cutting during the closed period - an example being the destruction of noxious weeds for health and safety reasons - and during works permitted under statute. Specifically, section 40(2)(í) provides that public bodies such as local authorities can carry out hedge cutting for public health and safety reasons. The second part of amendment No. 6 provides that all public bodies would have to notify me of all such works during the March-August period. I do not believe it should be mandatory for public bodies to notify me of all such works. I would view this as an onerous task which could potentially delay the carrying out of urgent work on health and safety grounds. I have existing powers under section 43 of the Act to request details of such works from local authorities with a statement on the public health and safety factors involved. I have used these powers on a number of occasions in recent years. I believe my existing powers are sufficient in this regard.

On the third part of amendment No. 6, the proposed additions are to the Roads Acts and relate to structures that may pose a risk to public health and safety and are outside the remit of the Bill. I have pointed out that roads legislation, particularly on road safety, is a matter for the Minister for Transport, Tourism and Sport. Accordingly, it is not possible for me to accept the amendments as they do not pertain to an area covered by the Bill; rather, they relate to other legislation. I will, however, bring the proposals to the attention of the Minister for Transport, Tourism and Sport.

It is incorrect to say my staff are against this legislation. My staff in the National Parks and Wildlife Service will be involved in the monitoring of the pilot programme which involves the use of control areas. I intend to launch a public awareness process in order that all stakeholders, including local authorities, landowners and members of the public, will be fully informed. I absolutely agree with Senators that it is important that people be fully informed of the restrictions on hedge cutting and burning.

Other issues concerning burning and hedge cutting were raised. They are dealt with in section 8 and we will deal with them when we reach that section.