Alice-Mary Higgins (Independent) | Oireachtas source

I thank the Minister of State for engaging on this matter. It relates to amendments I put forward on Committee Stage with my colleagues and I thank him for putting forward this proposal. I refer to amendments Nos. 20 to 22, inclusive, and amendment No. 28, which I put forward. I will not speak to those amendments as they arise but I will probably withdraw them, as I believe there is a strong overlap between them and those proposed by the Minister of State.

I have one concern on amendments Nos. 5 and 6 which relate back to this grouping. My amendments Nos. 5 and 6 relate to certain provisions around transparency, publication, information, consultation with relevant other Ministers and so on that are currently set out in section 18 of the Wildlife (Amendment) 2000 Act which do not seem to apply to the new section 18A which the Minister is trying to insert. I refer to section 18(4)(a) of the Wildlife (Amendment) Act which states:

(4) Where the Minister proposes to amend or revoke a natural heritage area order—

(a) the Minister shall publish, or cause to be published, in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the land to which the order applies is situate a notice of the Minister's intention to do so.

Section 18(4)(a) is improved upon in the Minister of State's amendment, and I welcome that the Minister has taken on my suggestion of including an online publication and a national newspaper. It is a positive step. However, section 18(4)(b) of the Wildlife (Amendment) Act 2000 also provides that the provisions of subsections (2), (4) and (5) of section 16 should apply. Those provisions mean the Minister is required, for example, to consult other Ministers in related areas, including the environment, and to ensure appropriate maps are provided, with sufficient information on any area that might be de-designated. A number of transparency measures are added.

There is a little concern. If the Minister of State is able to accept either my amendments Nos. 5 or 6, those additional requirements would be dealt with under the existing section 18. The Minister of State has proposed to remove the reference to this section only. If the Minister of State allows section 18A to be subject to the same criteria as section 18, it would be fine. However, amendment No. 4, relating to publication and suitable notice, does not fully balance or replicate all the provisions under the current section 18. It improves one of them but omits other elements. I know this is quite complicated but these are quite dense and interlocking parts of the legislation. I apologise but-----