Seán Kyne (Galway West, Fine Gael) | Oireachtas source

The proposed amendment amends the Long Title the Bill so it would read: "An Act to provide for review of bog habitats; to further provide for making, amendment and revocation of natural heritage area orders; to provide for arrangements concerning biodiversity for those purposes to amend the Wildlife (Amendment) Act 2000; and to provide for related matters."

On amendment No. 40, on Committee Stage I indicated that I intended bring an amendment or amendments to the Bill on Report Stage relating to the introducing a biodiversity duty, which would place a requirement on public bodies to embed biodiversity in carrying out their functions so as to promote the conservation of biodiversity. Senators rightly referred to the importance of biodiversity in nature conservation and the proposed amendment follows on from the National Biodiversity Action Plan 2017 to 2021 and the national biodiversity conference held in February. The plan recognises that biodiversity can only be maintained or restored by complementary actions by a wide range of sectors whose decisions and actions have a profound influence on the natural environment. It is proposed to insert a new Part, Part VA in to the Wildlife (Amendment) Act 2000.

Within Part VA, section 59A sets out definitions for “the Agreement”, namely, the 8 March 1999 agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing implementation bodies, “biodiversity”, taken from the UN Convention on Biodiversity, “guidelines”, “National Biodiversity Action Plan”, “plan, programme or strategy”, “public body” and “relevant Minister”.

Section 59B provides that every public body, as set out in section 59H, will be required, in the performance of its functions, to have regard to: a plan, programme or strategy prepared by the Minister for Culture, Heritage and the Gaeltacht and approved by the Government concerning the promotion of the conservation of biodiversity or part of a plan, programme or strategy concerning that promotion; the objectives and targets in a national biodiversity action plan; and guidelines prepared by the Minister, providing practical guidance to the public body concerned or all public bodies, in relation to a plan, programme or strategy or meeting the objectives and targets of a national biodiversity action plan.This requirement on public bodies will apply from the date of the publication of a notice of the publication of the plan, programme or strategy, national biodiversity action plan or guidelines or an amendment of any of them. In practice, the Minister publishes plans and strategies from time to time. Examples include the National Peatland Strategy 2015 and the National Raised Bog Special Areas of Conservation Management Plan 2017-2022. Recent national biodiversity action plans were published in 2011 and 2017. Guidelines, such as guidance on Article 6 of the Habitats Directive, have also been issued by the Minister on an occasional basis. The requirements in this Part of the Bill would apply only to future plans, programmes and strategies.

Section 59C sets out the timelines for the preparation and publication of a national biodiversity action plan and guidelines and the means to be used to publish same and similarly with regard to a plan, programme or strategy and guidelines. It also provides that the Minister for Culture, Heritage and the Gaeltacht will publish a notice of the publication of a national biodiversity action plan and guidelines or amendments to them in IrisOifigiúil, a national daily newspaper and on the website of his or her Department not later than four weeks after publication and, similarly, for a plan, programme or strategy.

Section 59D provides that the Minister for Culture, Heritage and the Gaeltacht may consult, as he or she considers appropriate, with public bodies and the public during the preparation of a plan, programme or strategy, national biodiversity action plan or guidelines or an amendment of any of them. The Minister will consider observations or submissions received during consultations before completing the preparation of a plan, programme or strategy, national biodiversity action plan or guidelines or an amendment of any of them.

Section 59E provides that, at least eight weeks before he or she publishes a plan, programme or strategy and guidelines under section 59C(1) or a national biodiversity action plan and guidelines under section 59C(4), the Minister for Culture, Heritage and the Gaeltacht will give notice in writing to public bodies of his or her intention to so publish.

Section 59F provides that, not later than 18 months after the date of publication of a plan, programme or strategy and guidelines or a national biodiversity action plan and guidelines, and not more frequently than once every 12 months thereafter, a public body shall prepare and submit a report to the Minister for Culture, Heritage and the Gaeltacht specifying: measures adopted by the public body for the purpose of compliance with section 59B(1); and progress made by the public body in the performance of its functions in accordance with that subsection. Where a public body is prescribed under section 59H(2), its first report shall be submitted to the Minister not later than 18 months after the date following that prescribing, of publication of a plan, programme or strategy and guidelines or a national biodiversity action plan and guidelines.

Section 59G allows for the Minister for Culture, Heritage and the Gaeltacht to give a direction to a public body requiring it to adopt measures for the purpose of compliance with section 59B(1). The Minister will consult and agree the terms of the direction with the Minister who performs functions in connection with the public body, before giving a direction. He or she must also consult the public body and, where the public body was established by the agreement, the Minister for Foreign Affairs and Trade before giving a direction. The Minister for Culture, Heritage and the Gaeltacht may amend or revoke a direction. The same consultation procedures, as for giving a direction, apply. A public body must comply with a direction given by the Minister.

Section 59H(1) sets out the public bodies which will be required to promote the conservation of biodiversity. These public bodies are those that it is considered have functions that have or may have a bearing on matters concerning biodiversity or are in a position to promote the conservation of biodiversity. In addition, the Minister for Culture, Heritage and the Gaeltacht may prescribe a body, other person, company, organisation or group to be a public body where the Minister is of the opinion that any of them has functions that have or may have a bearing on matters concerning biodiversity or is in a position to promote the conservation of biodiversity. Before prescribing a body, other person, company, organisation or group to be a public body, the Minister must: obtain the consent of the Minister who performs functions in connection with the public body; consult the body, other person, company, organisation or group; and, where any of them was established by the agreement, consult the Minister for Foreign Affairs and Trade.