Alice-Mary Higgins (Independent) | Oireachtas source

I regret that the Minister is not minded to accept this amendment because it is constructive. With respect, the fact that regulations may be made regarding an exemption is referenced in section 9, which the Minister spoke about, and we looked at the issue in the context of section 9(d), but I was talking about the definition. The problem is very different things are being bundled under a single definition and regulations will later be made as to how native tree areas, as defined here, may be exempted from the requirements of the Forestry Act.

It is better to get things as correct as possible as early as possible. In that regard, it is a concern if a new entity is being created that will have certain privileges in being able to bypass components of the Forestry Act. That entity will be subject to certain privileges and, potentially, access to certain grants in respect of proactive supporting measures. In that context, how the native tree area is defined is very important and really matters. That is why, again, when I referenced the regulations that will come later, I wanted to put in the definitions a clarification, which will also save the State from further future challenges, that the definition of native tree area itself would be subject to caveats in the regulations, especially as it applied to strip areas and strip planting.

The reason it is very important is strip planting, which is at risk of becoming strip farming, should be in native tree areas. We know there is a requirement for it to be long term and permanent but strip planting is more likely than the other part of the native tree area. We know the area of not less than 0.1 ha and not greater 1 ha is a certain kind of area, but these 20 m in width infinite-length components are far more likely to be in breach of EU laws and far more likely to create problems for this scheme. We should consider not just the idea of appropriate assessment, Natura 2000 sites and so on, but all the directives, such as the habitats directive, and the impact non-contiguous planting and areas that may be in strips can have on that directive, in addition to the impacts on the water directive, especially if much of this planting is likely to take place along river areas. That is why I said the Minister should make specifications that even certain kinds of river planting and repair planting be subject to particular constraints. For example, one of my later amendments relates to the fact of biodiversity removal. It is very important that we do not, in effect, say that here is a grant for planting a strip along a river that leads to existing biodiversity along a river bank and the existing habitats in respect of, for example, otters, freshwater pearl mussels and many other species, being damaged by planting that is being allowed to bypass normal screening by this Bill. That is what I am talking about.

If this is one of the hostages to fortune we are creating in the part of this Bill that relates to strip planting, we are more likely to end up in this situation. I have made this point to the Minister of State, Senator Hackett, and will make it again to the Minister. This is not about slowing things down. A previous Minister for Agriculture had to come to the Dáil to talk about the fact that Ireland had been dragged over the coals for failing to deliver proper environmental standards for forestry and was in trouble for not having applied proper screening and practices for forestry, which was before summer 2020. We then had the forestry appeals legislation that autumn. The past two years should have been used to boost and improve our environmental impact assessment capacity and to massively increase support for the National Parks and Wildlife Service.

I am a member of the Joint Committee on Environment and Climate Action and I am as keen on planting as anybody. I want planting to happen, but in that committee we know that, for example, wind farm operators are saying to give more resources to better environmental thinking, and to having more people who are skilled and able to apply all the EU laws to projects quickly and effectively. I worry that we have yet more legislation that is instead focused on getting around those laws rather than applying them quickly and effectively. When that happens, there is a risk we will end up in situations that breach an EU directive. I am very worried about the proposal relating to strip farming in the Bill. It is something that may not be addressed in this legislation but I hope will be addressed in the regulations. If we end up with a situation where habitats get dug up, and water gets damaged and polluted, in order for somebody to access a grant to plant new trees, that will be a problem. We will have created an environmental problem rather than an environmental good.