Lynn Boylan (Sinn Fein) | Oireachtas source

I move amendment No. 7:

In page 15, to delete lines 6 to 14 and substitute the following: “ “ ‘native tree area’ means land under trees—

(a) with an area of not less than 0.1 hectare and not greater than 1 hectare, and

(b) where the trees concerned are native tree species only, of which not more than 25 per cent are Scots pine;”.

The Bill proposes a limit on the amount of Scots pine that can be included and a limit of 1 ha for new native tree areas where planted as a plot. Where the planting is done in a 20 m strip, however, there is no upper limit on the area that can be planted under the definition of "native tree area". The Bill does not impose an upper limit on the overall area that can be planted in a 20 m strip. This means major areas could end up being afforested without licence.

Amendment No. 7 seeks to provide for consistency in that no matter how trees are planted, whether in a plot or strip, the overall area cannot exceed 1 ha. It is a real concern that, as drafted, these provisions on the strip could be exploited for commercial purposes as there is nothing in the Bill that prevents that and there is no separation distance specified between the strips. We have heard assurances from the Minister who was here before that planting is not for commercial use, but there is nothing under these provisions to stop the planting of, for example, willow for biomass without the need for a licence.

As I said, we are seeking assurances that planting will not go over 1 ha just because tree planting is in a strip. My reading of the Bill is it could end up incentivising the planting of trees in long strips given that situations where a 20 m strip can be planted are not specified. Significant environmental sensitivities and legal requirements need to be considered in respect of planting by rivers, for example. Planting can damage riparian edges or destroy nesting holes for birds like kingfishers. It can destroy or disturb above ground resting places for otters, which are called couches and are heavily protected under the habitats directive. There are issues around siltation, which can be carried downstream into sensitive areas, including sites that are important for the freshwater pearl mussel, of which Ireland has important populations in a European context. Consequently, we have conservation and obligations due to the fact we have important populations of pearl mussel.

Similarly, allowing for the strip without any restriction on how long it can be will allow for planting along roads and motorways, which can have serious impacts on other species that have utilised the open areas by roads in some places, including birds of prey. Anybody who uses motorways will see birds of prey hunting along them and resting on lighting. Birds of prey have been used to foraging outside of their natural areas.

That is the rationale for the amendment, which was submitted by Senator Higgins. I would like to hear assurances from the Minister of State that the Bill will not incentivise the planting of strips. We want planting to be restricted to a hectare. I want to hear what the Minister of State has to say around how to prevent these issues arising.