Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

The Bill amends the Wildlife (Amendment) Act 2000 by the insertion of a new section 18A after section 18 of the Act. Section 18A sets out how the 2014 review is to be completed and the requirements for future reviews of blanket bog NHAs. Seanad amendments Nos. 3 and 4 from the previous Seanad proposed changes to the criteria to be utilised in selecting more suitable bog habitats to be designated, or cease to be designated, as NHAs. The changes brought in additional criteria, including recreational and sporting needs and greenways. Amendment No. 4 also added further criteria in regard to facilities and projects that can be of significant benefit to a community, and went on specifically to list golf courses, sports fields, greenways, etc.

These proposals were put to a vote in the House and both were carried by a majority. Having considered all these matters, an amendment to section 18A is proposed through amendment No. 3c, which seeks to strike a balance between the requests made in the Seanad and an appropriate selection process for nature conservation. It is considered that the specific references in the proposed Seanad amendment to recreational and sporting needs, greenways, golf courses, etc. are not appropriate for inclusion in the Bill as they are considered too prescriptive.

Government amendment No. 3c is a compromise. It retains most of Seanad amendment No. 3 and captures as much as possible of the intention behind Seanad amendment No. 4 in that it includes facilities and projects that can be of significant benefit to a community or to strategic infrastructure development. However, it does not specifically prescribe them. In this way, it is much less likely that dedesignations would happen because of individual prescribed projects. Nonetheless, the significance of individual projects can still be factors when considering whether a site should remain designated. These will be factored alongside other factors such as environmental criteria, restoration potential, and economic and social factors. Decisions on individual sites, therefore, need to be made in a balanced way, taking several factors into account. Amendment No. 3c still respects and reflects the thrust of the intention behind the Seanad amendments but provides a better balance in terms of nature conservation.

Senators should note that because of the changes in the Bill during its course, such dedesignations can only be considered as part of a wide review of bog habitats and scientific appraisal of sites. The full resource will be looked at in the round, not just on individual sites. In addition, any proposals to change designation will be subject to a full environmental assessment, which gives further important protection against unwarranted dedesignations. I include in that public consultation. Amendment No. 3c strikes a better balance between the various issues raised during the Seanad debate and the central role of the Minister in conserving nature.