Tom Clonan (Independent) | Oireachtas source

Gabhaim buíochas leis an Aire Stáit and his team. I have been asked to put forward amendments to amendment No. 13c on behalf of Senators Ruane and Higgins. When this legislation passed through the House in 2019, my colleague, Senator Higgins, raised the intergenerational issue of turbary rights. I acknowledged that the then Minister of State, Senator Kyne, accepted an amendment from her, which required that the Minister would lay a report before both Houses containing guidelines and recommended thresholds for the exercise of turbary rights, including a definition or definitions of "household use". We have tabled amendments to the amendment as two key points have been lost in the Government amendment to Senator Higgins's amendment.

First, Senator Higgins's amendment would require the report within 12 months of the passing of this Act, whereas the Government version states within 12 months of the commencement of this section. The Bill provides that the Minister has the discretion to commence sections of the Bill whenever he or she may choose and, as this amendment inserts a whole new section, it is then left open to the Minister not to commence it. I urge the Minister to accept amendment No. 2, which would ensure we get this essential report within a year or, at least, have a commitment that once this Bill becomes law he will commence the section immediately so that we will have the report a year from now.

The second issue is around the language used in paragraph (a), which is not ambitious enough. The Government has removed the requirement for the report to include guidelines and recommended thresholds for the exercise of turbary rights, including a definition or definitions of "household use". Let us be clear that we need to draw a distinction between turbary rights, which is the extraction of peat for personal and household use, and commercial peat harvesting, which has a far greater environmental impact. We want to ensure and promote responsible bog management. It has been clear that this is not at odds with turbary rights or traditional practices. It is an intergenerational justice issue. It is not just about young people bearing the worst effects of climate change. It also concerns the way turf is cut now, which may impact on young people's ability to engage in that tradition for household use in the future.

Amendments Nos. 1 and 3 to 5, inclusive, would bring back some of the language Senator Higgins used and would make sure we have a working definition and guidelines around household use that is evidence and circumstance based. I urge the Minister of State to accept the amendments.