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

This amendment, as proposed by the Seanad, provided that before an order can be made to de-designate a natural heritage area, a report shall be laid before both Houses of the Oireachtas on current condition, restoration potential, rewetting potential, the special scientific interest of the sites and other such factors as the Minister may deem necessary of all blanket bog natural heritage areas. This amendment was accepted in the Seanad subject to further consideration. The amendment was considered and the wording as presented was found to be problematic for a number of reasons, including preventing the de-designation of any natural heritage area before a review of all blanket bog natural heritage areas was completed. Therefore, the proposed reconfiguration of the raised bog natural heritage area network under the 2014 review of the raised bog natural heritage area network could not be completed for a further number of years. That provision would therefore undermine the original central purpose of the Bill and is unacceptable. For these reasons, it was necessary to reject Seanad amendment No. 14 in the Dáil. However, I agree with the central intention of the Seanad amendment. Indeed, it was a most important intervention by Senators into the debate and the proposal has significantly strengthened the Bill. On that basis, an alternative amendment was proposed for the Dáil Stage, which captures the overall intention of the amendment passed in the Seanad but does not hold up the completion of the 2014 review.

The replacement amendment will ensure that no de-designation of a blanket bog natural heritage area could occur before a wide review of blanket bogs across the country is completed. As a consequence of this amendment, several further amendments were required. These mostly deal with renumbering. However, one consequential amendment was significant. This required the deletion of section 18A(2) in the version of the Bill as passed by Dáil Éireann in December 2018. If the subsection were to remain, a wide review of blanket bog natural heritage areas in accordance with section 18A(1) could not be undertaken. It would prevent a wider review of blanket bog habitats necessary to fulfil the conservation objective for blanket bog habitats, as section 18A(2) currently restricts a review under section 18A(1) to only those natural heritage areas that have a natural heritage area order in force on the date of the commencement of this section.

In the same manner, if section 18A(2) remains, it may not be possible to continue with the 2014 review, as this review includes many non-designated natural heritage areas. Removing section 18A(2) thus removes several contradictions in the Bill, and this will be critical to the implementation of the legislation when passed.