Victor Boyhan (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Ossian Smyth, to the Seanad Chamber. This Commencement matter relates to the burning of green waste and, in particular, the derogation he is aware the Minister signed in January or February. I am a member of the Oireachtas Joint Committee on Agriculture, Food and the Marine. This issue has exercised that committee but it has also exercised farmers across the country.

As the Minister of State is aware, traditionally many farmers clear out dykes and ditches and cut debris, branches, timber and so on and then amass or collect this greenery at certain locations, often in fields set in from the roadway network. As such, they have had a practical issue with getting rid of the waste. There is a practice, however, of leaving it there and then burning it rather than shredding it. The Minister of State knows enough about the land to know that in certain circumstances it is not possible to get machinery in, particularly on damp or boggy land. There has been a long tradition of burning well dried-out vegetation that has been cleared by farmers, and this is a concern.

This year, it came as a surprise to farmers that the statutory instrument was out of date, but the Minister, Deputy Eamon Ryan, signed a statutory instrument on 9 February 2022. The purpose of those regulations was to extend until 1 January 2023 an exemption provided for under SI 286/209 - Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009, which exists to allow farmers to dispose of waste generated from agricultural practices. The concern is that some people, including farming organisations, thought this new statutory instrument would be in place for three years. Indeed, I indicated in the wording of the Commencement matter I submitted to the Seanad Office that it would be in place for three years but that did not find its way to the final draft. In short, there is a concern. There is an appreciation, albeit with a bit of stress and misunderstanding in the context of communication, that the statutory instrument was signed but farm organisations and small farmers would like to see the derogation extended.

I do not know what is the plan or feedback. That is what I am trying to ascertain. I understand that a review group was established by the Minister to consider the practice of burning green waste and explore alternatives. Has that review group been established? Has it met? What are its timelines for issuing a report? This is a critically important issue. It is better to deal with it now than to be surprised. Let us plan for it and find out who is on the review group, what are its terms of reference and whether there is any feedback in respect of what is going on.