Seanad debates

Wednesday, 29 March 2017

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

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

On amendments Nos. 4c and 5, the provisions in section 8 of the Bill, and the regulations I will make, on the burning and hedge cutting issues will take account of our obligations under the EU birds and habitats directives. Under other international nature conservation conventions and the Aarhus convention on access to information on the environment it would not be normal practice, and I outlined this earlier, to list these various directives or conventions in legislation. EU directives are binding on member states so there is no need to separately provide for them in legislation. Accordingly, I do not consider it is necessary to list the various directives, conventions and plans in the Bill.

On amendment No. a5a I do not feel it is necessary for me as Minister to make regulations on cutting equipment for hedge cutting. I take the point, but it is very prescriptive. I can look at it. On amendment No. a5b, the current provisions in section 40 allow the grubbing and destruction of hedgerows from 1 September to the end of February. I will propose on Report Stage an amendment to prohibit the grubbing and destruction of hedgerows in August. I cannot see the point of requesting landowners or public bodies to obtain my consent to grub or destroy hedges of a certain length during the open season for cutting from September to the end of February. It appears like overregulation and I cannot accept the amendment.

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