Pippa Hackett (Green Party) | Oireachtas source

I extend my thanks to Senator Martin for introducing this Bill and his interest in this area. His honey is delicious.

I fully acknowledge, as does my Department, the important contribution bees make not only to agriculture but also to biodiversity as both pollinators and as honey producers. My Department supports the important work of all the beekeeping associations in Ireland in the promotion and protection of apis mellifera. I certainly welcome the support of the members of the Native Irish Honey Bee Society who are in the Gallery today. I thank them for being here today.

I acknowledge and welcome all the Senators' comments on protecting the native Irish honeybee. I reiterate my support for this overall objective. Senators will recall that, on Second Stage of the Private Members' Bill in June, I expressed my Department's concern that a statutory ban on bee imports into Ireland might constitute a restriction on trade under EU regulations and that further advice would need to be sought on the compatibility of the Bill with the EU Single Market rules. Trade in bees is permitted and governed by EU law. EU animal health regulations set down rules for imports into the EU and for intracommunity trade between member states.

My Department has sought advice from the Office of the Attorney General on whether the Private Members' Bill would give rise to legal concerns having regard to EU law and in particular Articles 34 and 36 of the Treaty on the Functioning of the European Union. We have received this legal advice from the Office of the Attorney General in recent days. The Attorney General considers that a total ban on the importation of certain species of honeybees is likely to face significant scrutiny on proportionality grounds, having regard to the case law of the European Court. While the need to protect the native Irish honeybee is recognised, the advice of the Attorney General considers that the legal and-or scientific basis to impose a full ban of all other species of bee has not at this point been established with the required certainty. The Office of the Attorney General considers that an evaluation of proportionality and necessity by way of scientific assessment is required to substantiate the specific measure proposed in the Bill. Without robust independent scientific evidence capable of demonstrating proportionality of the draft legislation, we were advised that there is likely to be significant risk of legal action on the part of the European Commission or affected businesses.

I have asked my officials in the Department of Agriculture, Food and Marine to procure that independent scientific evidence and data as an urgent priority. The Government will be in a position to come to a fully informed view on the Protection of the Native Irish Honey Bee Bill on receipt of the necessary independent scientific evidence once the relevant data has been collated and assessment completed. I look forward to receiving that evidence and assessment as soon as possible.