Alice-Mary Higgins (Independent) | Oireachtas source

It is important that we be very clear. There has been a lot of conversation today about reassurances that have been made. Unfortunately, they have been inaccurately described as points of clarification because what we have had is not clarification but a change of position. If so, I absolutely welcome it.

We are not having a general debate or a debate on future regulations but discussing very explicit and important legislation. It sets out extremely clearly - I will not elaborate too much because we have many points to discuss - that a person who owns land may, during the month of August, undertake the cutting, grubbing or destruction of vegetation growing in any hedge or ditch. It is stated this is subject to conditions that may be set out in regulations, but it is very clear that the intention of the Bill is to allow grubbing. Unless we are talking about grubbing one-year-old hedges which I do not believe is common practice anywhere in Ireland, we really need to be clear that this is a different proposition. The propositions we have heard are different from those set out and from what we are being asked to vote on and support. Given the seriousness of the divergence between what is being spoken about and what is included in the legislation, we cannot wait until Report Stage. While I give due recognition to the very nuanced contribution of Senator Brsian Ó Domhnaill, I respectfully suggest we cannot wait until Report Stage. We certainly cannot wait until the issue is dealt with in the Dáil. It is not the practice of the Seanad to abrogate its legislative responsibility and transfer it to legislators in the other House. We have a responsibility to ensure legislation leaves this House having been given due consideration based on the deeply reflective contributions made on all sides. If the Minister has a more nuanced approach - I might still not agree with it, but at least I would recognise that these issues were being raised - let it be reflected in the legislation. There will be an opportunity for her colleagues in Fine Gael and others to produce more nuanced amendments to section 8 to allow it to match the description of the section we have heard in the House today, as opposed to the very explicit language used such as "grubbing or otherwise destroy". Perhaps she might support the amendments of others. The language used is not inflammatory; it is simply technical.

My respected colleague Senator Joe O'Reilly spoke about farmers. We have been very clear that they are regarded as the custodians and we will have great respect for them as such. Many small farmers have been contacting us. Many of them are concerned about their crops. We have a national pollination plan for a reason. Pollination is a key concern among agribusinesses, small farmers and various artisan producers.Farmers are concerned about the impact of this measure on their crops, particularly organic food crop producers and what it may mean for them. These are serious issues for pollination and farmers. As Senator Joe O'Reilly said, many of our farmers are in the green low-carbon agri-environment scheme, GLAS. They have the role of caretaker, a role which many of them take deeply seriously and about which they are diligent and concerned. I am concerned the measures set out in this Bill will weaken the case for funding for farmers in GLAS under the Common Agricultural Policy.

As Senator David Norris said, 37% of our forestry is made up of hedgerows and, as Senator Brian Ó Domhnaill said, they are part of our climate change commitments. Hedgerows have a serious load-bearing role to play with regard to our climate change targets and commitments, as well as in the justification for GLAS funding for farmers. Farmers have concerns which need to be addressed. There are also concerns among tillage producers.

We also recognise the concerns about road safety. Amendment No. 6, put forward by my colleague Senator Grace O'Sullivan, specifically proposes that an individual, a community or a school group which has a concern about a hedgerow and road safety would have the power, which they do not have currently, to seek to initiate a section 70 order which would require landowners to trim their hedges. I do not believe many section 70 orders are refused. Is it the case many landowners are regularly applying for section 70 orders and are having them refused by local authorities on a systematic basis? There may be instances where that is happening. If that is the case, let us address it.

When we talk about road safety, there is nothing in this regard for concerned members of the public, the ordinary people who live in the countryside but may not themselves be landowners. There is nothing to give them assurance. There is nothing to deal with their concerns with road safety. They are still at the will of a landowner and whether he decides to cut a hedgerow.

Moreover, we are looking at a great responsibility being placed on hedgerows. We talk about the regulations put into place. However, in this Bill, the Minister is removing any accountability. Given that the Bill gives no detail as to how this will be monitored, how does she then propose to monitor it? Is it placing all the responsibility on farmers while they are not given any assistance? We have raised constructive proposals along the lines of those in County Clare, where the local authority works with landowners and practically assists them where there are difficulties in accessing appropriate machinery. The local authority gives them practical assistance and payment for the cutting of areas of identified concern. There are practical proposals.

The Minister spoke about speaking to the Minister for Transport, Tourism and Sport, Deputy Ross. Does she plan to engage in the mid-term review of the road safety strategy? It is happening this month and is a key opportunity to engage in the overall road safety strategy. What are the Minister's proposals for engaging with that? That is an appropriate place for us to be teasing this issue out. She said she would bring her proposals to the Minister for Transport, Tourism and Sport. Might there be a more deep and nuanced way in which we can engage with that road safety strategy? We will be engaging with it, as we have engaged with all stakeholders, including the IFA and other concerned groups, recognising there is expertise right across Ireland on this. It is our shared island and we do all have a stake with what happens with this legislation.