Alice-Mary Higgins (Independent) | Oireachtas source

By way of an interpretation of that standing order, which we need to clarify.

Amendment No. 12 relates to a number of amendments. I thought the other amendments in this area were going to go forward but they have not. This amendment is about the Schedule of native tree species. Perhaps this needs further consideration but I am sure the Acting Cathaoirleach will be very aware of this issue. There was an assumption for many years that Ireland no longer had a native pine and that it had become extinct. In recent years, good work has been done by local community activists and environmentalists in Clare, in particular, where they have found a native Irish pine, closely related to the Scots pine, in the Burren area, which is now being cultivated and recognised. In the wording of this, it would be important in the place where a limit is put on the amount of Scots pine, that a similar limit be put on the amount of native Irish pine to ensure we do not have a tree planting area that is predominantly pine. It is about acknowledging this and including it in the Schedule. Whether or not it can be done now, I hope it will be done in the future.

This relates to a number of concerns around the Schedule on native tree species. I know Senator Boyhan has been clear on concerns about yew trees, about which the Minister might speak again. When we talk about the right tree in the right place, there are many situations in which yew is the wrong tree. It can be quite a dangerous tree when planted in certain areas.

I am devastated that hawthorn is not included in the Schedule. When one talks about a Bill in terms of what is rewarded, one must consider the laws of unintended consequences and perverse incentives. I am concerned by having these trees recognised as native trees but not having a hawthorn recognised as a native tree. According to the debate last week it was defined it as a shrub. I have never heard anybody call a hawthorn tree a shrub. There is a danger that we could incentivise people to dig up hawthorn trees in order to plant trees that will qualify under this Bill. If there is a danger or jeopardy, and perhaps it needs to be set out specifically in the regulations on biodiversity, to a tree that does incredibly important ecosystem-work. The hawthorn is not a tree that people who plant trees love because it is messy, spindly, and it literally protects nature. It creates a dense part of the undergrowth system. It is not as simple as the trees that can be easily thinned, the kinds of trees people might like to plant because they are easy to manage, plant and grow, as well as move around. A hawthorn is a tree that works for nature and has been reflected in our culture for thousands of years in the protective role it plays in nature.

I am concerned the hawthorn is not on the Schedule list. I would also like the Burren pine included on the list, or at least a process to achieve that. When the Minister responds to me on this amendment about the Burren pine, he might also indicate how the Schedule can be amended. Would it be through new primary legislation or through other processes? What if we find negative situations emerging through the planting of yew? What if we see excessive planting of willow because it is easy? What if we see hawthorn or other trees being removed in favour of trees on the Schedule, or any such perverse incentives? This is why the review clause that was ruled out of order would have been so important.