David Norris (Independent) | Oireachtas source

This is a dangerous amendment and I am not sure to what degree the Government is aware of what it is doing. I have been contacted by various people who are extremely alarmed at it. It appears to contradict sections of the Wildlife Act 2000. That Act is specific in requiring oversight of hedge cutting for health and safety purposes during the nesting season and the amendment removes that protection.It is very regressive. It could result in a year-round roadside hedge-cutting free-for-all in the name of health and safety, which is one of the things the Wildlife (Amendment) Act 2000 was intended to prevent, so the Government proposes to reverse original Government policy. I very much hope Fianna Fáil will listen to this and make the appropriate decision as to which way to vote.

Section 40 of the Wildlife Act restricts hedge-cutting from 1 March to 31 August, the closed period, in order to protect wildlife. Road safety issues during the closed period are defined by the roads authority. The roads authority has the power to issue notices to landowners to deal with health and safety issues on public roads under section 70 of the Roads Act. There is some uncertainty as to whether a landowner who is served a section 70 notice by the roads authority during the closed period is exempt from the Wildlife Act. An amendment was proposed by Senators Grace O'Sullivan and Lynn Ruane to clarify this situation by stating explicitly that notices served under section 70 of the Roads Act would be exempted, and the Minister agreed in principle to this amendment on Committee Stage last November. Section 8(2) of the Heritage Bill, as currently amended, permits landowners to cut roadside hedges in the month of August subject to ministerial regulations. Road safety issues during the month of August are self-defined by landowners but are subject to regulation. The new Government amendment goes beyond just exempting section 70 notices; it appears, at least to me, to remove the restriction in section 40 of the Wildlife Act on hedge-cutting by landowners for health and safety purposes. Road safety issues all year round would be self-defined by landowners with no regulation. This is a potentially disastrous measure-----