Seanad debates

Wednesday, 29 March 2017

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

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

I also commiserate with the Minister. I had indicated previously, before the debate broke to go to Private Members' business, that I intended to speak and I, too, did not get an opportunity to speak. I regret that the Minister did not get an opportunity to respect either. I imagine we will get to speak on Report Stage.

In terms of these amendments, I have two key amendments in section 9 that relate to when we had the debate and conversation opened up by this Bill. Interestingly, many people have contacted us about this matter. Many of them are concerned, and the Minister has expressed her concern, at the way hedgecutting is carried out throughout the year, including the six months when hedgecutting is permitted. Numerous people have spoken, as has the Minister, about the use and inappropriate use of the flail. There have been clear messages about times when machines are used but there has been a lack of proper supervision and engagement.

My amendment a5a is quite reasonable. Again, I have been in no way prescriptive and have left it to the Minister to proscribe. My amendment suggests that the Minister may make regulations and she had indicated a desire and willingness to do so. I add that my amendment refers to overall regulations and not simply regulations for the pilot scheme. My amendment states:

The Minister may make regulations to set out the permissible use of certain machinery or certain classifications of machinery which may or may not be used for the purposes of cutting or maintaining hedgerows.

I tabled my amendment in ensure that we have good practice when it comes to cutting hedgerows. Interesting, we have heard quite detailed debate on good and bad practices. There can be good ways to cut hedges and we need to make sure that they are the predominant model.

If there is an opportunity to engage with the Minister then I shall not press my amendments. I am keen, as others are, to see this Bill conclude this Stage. I want an indication. This issue arose from the debates, communications and education that I have received on the practices used for hedge planting and hedgecutting.

Amendment No. a5b shares a similar concern. The amendment relates to something that we heard today. We have heard the emerging argument being made by tillage farmers. It is a fact that large scale tillage farmers make up a small fraction, and I apologise if my exact percentage is incorrect, but I believe it is under 5% of current farmers and I have heard that it may be 3.5%. It has been made very clear, certainly during this debate today, that they are clear and strong advocates for this Bill. In many cases they seem to drive this legislation. Some tillage farmers may not be in the GLAS scheme so they may not have the same vulnerabilities as other farmers. The following concern was expressed to me and I hate to think that it was a threat. What if these tillage farmers decide to use the six months where it is permissible to grub hedges and dig them up? Is that concern being considered? I am aware that regulation already exists that stipulate that where hedgerows are grubbed and removed they need to be matched by planting.

My amendment goes a step further. When we have large scale removal and grubbing of hedges at any time of year then we weaken the case for all farmers when we go to Europe. The farming sector is struggling now. I have been surprised by how strongly the IFA has lobbied about this matter because it has other serious concerns to tackle. Along with others, I have championed its concerns in respect of agribusiness and the threat from Brexit. At this volatile time the IFA should seek to make allies rather than divide people. I imagine that many in the IFA will see beyond this single issue and consider the bigger picture of Ireland's agricultural well-being and future on which a large part depends on the CAP payment. As we know the Irish nominee to the European Commission, the agriculture Commissioner Phil Hogan, is actively proposing to further green the common agricultural payment. Ireland is strongly advocating for greening to form part of the common agricultural policy. We need to increase it because greening only forms one third of the payment that many farmers receive. We argue for that proportion to be increased because we know that other parts of farmers' productivity will come under pressure from British exports. That is a fact. The common agricultural policy and rules are very important.

The one greening measure that tillage farmers must comply with is the protection of hedgerows as an ecological focus area. That aspect is a condition that tillage farmers must comply with in order for them to receive the single farm payment. If persons grub hedges on a large scale they will diminish Ireland's overall case, as well as their case, to receive the payment.

My amendment may seem small but it is important.The requirement is already there but it simply states that the Department should be notified, that the Minister would set out regulations as to when, and there may be valid reasons from time to time, the grubbing of more than 1 km of hedgerow would be allowed, and that those who grub more than 1 km of hedgerow without the permission of the Department, or whatever body under its aegis the Minister deems appropriate, would be committing an offence because they would be undoing the common agricultural good of our nation and other farmers.

I recognise my amendment may not be perfect and I am extremely happy to work with the Minister on it. I am trying to strengthen Ireland's case and the interests of all farmers in this respect. It is very important that large-scale tillage farmers who may choose to remove hedgerows on a large scale during the six months permitted do not do so without some due process, oversight and regulation. I am happy to withdraw the amendment if the Minister indicates she can engage with me on this issue between now and Report Stage.

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