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

Senator Humphreys was counting when I mentioned things. I wish to be clear that sometimes I do not always get the opportunity to speak.

I appreciate the concerns that have been expressed by a number of Senators on the impact the provisions might have on biodiversity. I share the views of Senators that hedgerows are a very important wildlife habitat that provide food, shelter, corridors of movement, nests and hibernation sites for many native flora and fauna. The changes in timing of cutting which are set out in the Bill will not interfere with any of those functions. As I stated previously, my intention is that any hedge trimming in the month of August may only take place on road sides or on land where reseeding or tillage is being carried out and that the trimming may only be of the current year's growth and should not involve the use of heavy flails or grubbing. If a person needs to carry out heavier cutting of hedges such as grubbing and flailing they must do so during the existing permitted period between September and the end of February. I wish to be clear; it was never my intention to allow the grubbing, heavy cutting or destruction of hedges in August. The text reflected the wording in the original legislation and I now propose on Report Stage to delete the words "grubbing" or "destroying otherwise" from section 8(2) of the Bill.

To be clear, this is a pilot scheme for two years, subject to regulations and guidelines and there will be monitoring of the pilot phase. After two years it must come back to both Houses of the Oireachtas, which must pass a resolution – that means it will not be a nodding exercise – for the pilot period to continue and if it is not passed the pilot scheme will fall and the scheme will cease.

Section 8 also allows for the controlled burning in certain areas to be specified by regulation during March should it be necessary, for example, due to adverse weather conditions. Members are all aware of the illegal burning that takes place. What I want to do is allow flexibility to work with landowners and to do that in a managed and safe way.

Section 8 also provides for managed hedge cutting to be allowed under strict criteria during August to help ensure overgrown hedges impacting on roads can be tackled. The sunset clause of two years provided for in section 8 can only be extended by separate resolutions of the Seanad and the Dáil. It is good practice for the provisions to be reviewed during the two-year period in order that we can assess the works in practice and determine if there are any lessons to be learned or if any improvements are needed. We must also ensure that the new provisions should not adversely impact on wildlife. That will be a key aim of mine, taking account of my responsibilities for natural heritage.

I am aware of some concerns surrounding scientific data to underpin the nesting and breeding periods for wild birds. I am satisfied that the provisions to be put in place in section 8 fully respect the requirements of the nesting and breeding seasons for wild birds. Furthermore, Senators will note that the provisions in the section provide that the cutting of hedgerows in August will only be possible if it is done in accordance with regulations which I will make in relation to hedgerow husbandry and to ensure that wildlife and other flora and fauna are protected. No cutting will be possible in the absence of the regulations. The provisions in the Bill are for a pilot phase of two years. In that time my Department will monitor activity under the provisions and an assessment of the impacts will be carried out before any decision is taken on continuing the measures beyond the pilot phase.