Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I will come back to the Senator on Knocklofty House in my summary.

In the context of the matter before us, I met with a number of gun clubs, the National Association of Regional Game Councils, NARGC, and other organisations involved that are representing the gun clubs. I recognise the important role they play in conservation, particularly of the red grouse, a very important species.

It has long been a common agricultural practice in Ireland to occasionally burn vegetation growing on uncultivated land, especially on upland farms. Much of the vegetation burned comprises gorse and mature heather. Light burning can remove old growth and, as the Senator said, stimulate new growth. The aim of such burning is to improve grazing and access for livestock. Fire was also often used in the past to dispose of waste arising from hedge and tree cutting. The burning of such dead vegetation as waste is regulated by laws concerned with air quality rather than with wildlife protection, and such law is not the responsibility of the Department of Housing, Local Government and Heritage.

The first Wildlife Act was enacted in 1976. Section 40 of the Act prohibits the burning of "vegetation growing on any land not then cultivated or in course of cultivation for agriculture or forestry" during the period beginning 15 April and ending 31 August. Subsequently, it was noted that birds began to nest earlier than before. Accordingly, the Wildlife (Amendment) Act 2000 restricted period to begin on 1 March. It also removed the wording "or in course of cultivation for agriculture or forestry".

The dates of the restricted period for the burning of living vegetation were reconsidered in 2018 and this led to the enactment of the Heritage Act 2018. Section 7(1) of the Act empowered the Minister with responsibility for natural heritage to make regulations that could allow the burning of vegetation during the month of March "in such part or parts of the State as specified in the regulations", notwithstanding section 40 of the Wildlife Act 1976. No regulations were made on foot of that power. Section 7(4)(a) of the 2018 Act provides that section 7 would expire two years after the enactment date unless continued by a resolution by each House of the Oireachtas. As no such resolution was passed, section 7 of the 2018 Act expired on 17 July 2020. The position now is that there is no provision allowing for the alteration of the dates of the restricted period as set out in the Wildlife Act 1976, as amended. Any such changes would require an amendment to the Wildlife Act 1976. However, it is my intention to review and strengthen our wildlife laws, including the Wildlife Act 1976.

On the issue of burning living vegetation, while I am aware of the arguments for and against a change of dates, I have no plans at present to propose any change to the statutory dates. I recommend that all stakeholders involved should establish a forum, which I mentioned previously. It might be for the Department of Agriculture, Food and the Marine to lead on. It is important that stakeholders, such as those involved in hunting, landowners, upland-hill farmers, fire services, etc. come together in a forum where these matters could be teased out further. It is critically important that we have a broader conversation. I do see a conservation role here, but I encourage the setting up of an initiative that would bring stakeholders together under some kind of a task force that could look at upland burning and its role in the management of our hills and uplands.