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

Amendments Nos. 15c1 and 15c2 are minor redrafts to better reflect the intention behind an Opposition amendment accepted and passed in the Seanad. Under the draft Bill one of the factors to assess whether to de-designate an NHA is environmental criteria. "Environmental criteria" is defined in the Bill as meaning the conservation value of a bog, taking into account the area, range, habitat, structure, function and ecological features of the bog when compared to those of one or more other bogs.

Amendment No. 15 from the Seanad cream list provided that where a comparison is made between raised bogs or blanket bogs in regard to environmental criteria, comparison shall not be made with a special area of conservation. The concern was that those criteria could give rise to many unnecessary de-designations if bogs were compared with some of the best examples of bogs around the country. In particular, the Senators wanted to ensure that a Minister could not de-designate a bog on the basis of comparison with a special area of conservation. That has never been our intention. Within the 2014 natural heritage area review, the special areas of conservation were included in the assessment of Ireland's raised bog resource. The special area of conservation sites were not used as comparators to justify the proposed de-designation of natural heritage areas, and it is envisaged they would not be used in the future for that purpose. To allay concerns expressed by Senators, the Government counter-amendments in the Seanad proposed to amend the definition of environmental criteria as set out in the Bill to explicitly provide that comparisons cannot be made with bogs situated in special areas of conservation.