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

Amendment No. 13 is an Opposition amendment from the previous Seanad. The Bill, as passed by the previous Seanad, contained a new section as a result of amendment No. 13. This new section provided that the Minister would, within 12 months of the passing of the Bill, lay a report before both Houses of the Oireachtas containing guidelines and recommendation thresholds for the exercise of turbary rights, including a definition or definitions of "household use".

The intention behind this amendment, as I understand it, was to draw a distinction between commercial turf harvesting and turf extracted for household use. The then Minister indicated that he would accept the amendment subject to further consideration. I accepted the general thrust of this amendment but made some changes in the Dáil. The Government's counter amendment in the Dáil, amendment No. 13c, replaces this amendment to provide, within 12 months of the coming into operation of section 5, that the Minister will prepare a report on the average amount of turf required by an individual on an annual basis for the purpose of household use. This change is based on legal advice to reflect household use rather than the exercise of turbary rights, which can be wider than household use, for example, if exercising turbary rights over someone else's land.

The report to be laid before the Houses of the Oireachtas would be based on the average amount of turf required by an individual on an annual basis for the purpose of household use, rather than containing guidelines and recommended thresholds for the exercise of turbary rights. This report will help inform policy approach to the cutting of turf for household use.