Seanad debates
Thursday, 22 February 2024
Nithe i dtosach suíonna - Commencement Matters
Hedge Cutting
9:30 am
Paul Daly (Fianna Fail)
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I welcome the Minister of State, Deputy Thomas Byrne. I thank him for his attendance. I know he is taking this Commencement matter on behalf of the Minister of State, Deputy Noonan, from the Department of Housing, Local Government and Heritage.
It took a little while for me to track down where I needed to go with this request because, while this is an agricultural practice and an environmental issue, it is actually the responsibility of the Department of Housing, Local Government and Heritage. It comes under the remit of the National Parks and Wildlife Service, which comes under the auspices of the Department of Housing, Local Government and Heritage, so that is where I need to direct the question.
As outlined in the matter I raise, under the Wildlife Act, it is an offence to cut, burn, destroy wild vegetation or hedgerow from 1 March to 31 August, which is welcome from an environmental and a biodiversity perspective. Unfortunately, this year, due to the very inclement weather we have had in recent months, land is completely saturated, and it is nigh on impossible for machinery to travel on fields without doing untold damage. A lot of farmers, by virtue of the fact that their hedgerow maintenance is done by contractors, and the contractors have fallen so far behind in their workload they are not now going to get to all the farmers in question before 1 March. That is because they could not travel on the land, and they still cannot. We had another very wet night last night.
A lot of roadside hedges are cut so people who drive along these roads might ask what I am talking about as the hedges are cut. That is because that was the easy pickings for the contractors. They had the firm footing of the solid road to travel on, so during the wet weather they concentrated on the roadsides. In many cases, the inside of that same hedge was left uncut with the intention of coming back when the land dried out, but that has not happened and it does not appear that is going to happen before 1 March.
What I am looking for here this morning is a temporary extension.The main reason I ask for it is that we have the proverbial catch-22 for many farmers. The new environmental ACRES scheme is to be welcomed and is doing a great job towards our environmental targets and biodiversity. Some conditions of that scheme involve hedgerow maintenance. Farmers will find themselves in a catch-22 if they cannot - and many will not - get that maintenance, coppicing or laying of hedges done by 1 March. They will have the question of whether to commit an offence and do it after 1 March or face a situation where they are not compliant with a scheme they have signed up for. Because of the weather, a temporary extension of the 1 March deadline is the only solution to this problem. I hope the Minister of State is a bearer of good news on behalf of the Minister of State, Deputy Noonan. I hope the Minister of State can look favourably on this because there will be a catch down the line in the scheme he so desires and promotes and people will not be able to take some actions they have signed up to because of the deadline.
Thomas Byrne (Meath East, Fianna Fail)
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I thank the Senator for raising this matter. In Ireland, our relatively low cover of native woodland makes our hedgerows exceptionally important for biodiversity. Hedgerows provide botanical diversity, as well as food and shelter for animals, most notably birds. They also act as corridors that connect habitats. They are a vital part of our biodiversity infrastructure. In general, untrimmed thorn hedgerows containing shrubs such as blackthorn, whitethorn, holly, briars and brambles are favoured by birds as they provide protection from predators. Many of Ireland's breeding birds are originally woodland birds and, especially in areas of low woodland cover, are dependent on hedgerows.
As the Senator is aware, Ireland has obligations under the European Union birds directive and the Wildlife Acts to ensure our birds and habitats are adequately protected. Under the directive, member states are required to preserve, maintain or re-establish sufficient diversity and area of habitats for all bird species. For these reasons, hedgerows are provided with specific protection under the Wildlife Act 1976. Under section 40 of the Act, there is a prohibition on the cutting of vegetation and hedges, with strict limited exceptions, from 1 March to 31 August. The current closed period is based primarily on the generally recognised nesting and breeding period for wild birds. There is provision in the legislation for certain limited exceptions in respect of cutting vegetation in the ordinary course of agriculture or forestry or for health and safety reasons, the destruction of noxious weeds and cutting roadside hedges for road safety reasons.
Paul Daly (Fianna Fail)
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I appreciate the answer the Minister of State was provided with. He mentioned limited exceptions, which I know includes roadside safety. If there is a safety issue, hedges can be trimmed during the off-season. He also mentioned, and it is in the Wildlife Act, that one of the limited exceptions is "in the ordinary course of agriculture". I ask the Minister of State to get back to the Department of Environment, Climate and Communications and ask that the Minister of State, Deputy Noonan, come back to me and clarify if that will qualify people in the situation I mentioned of being unable to complete their ACRES conditions. "[I]n the ordinary course of agriculture" to me would fit that bill. If so, we need clarification on how those farmers would get permission under that exception and who they would inform if they have to do that work post 1 March. Clarity on that would be helpful to everybody concerned. While I have read that Act and those exceptions, it does not go on to say how to enact the exceptions. We all know you cannot just go out and do it. Neighbours and people passing will know it is out of season and will not know of the limited exceptions. I presume there is a system whereby you inform somebody or get permission to do it outside of season.
Thomas Byrne (Meath East, Fianna Fail)
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I understand the points raised by the Senator and his sincere motivations in this regard but the legal position is that the dates are set out in primary legislation and the Minister for Housing, Local Government and Heritage has no power or discretion to vary them. The dates can only be altered by primary legislation enacted by the Oireachtas. I will take up the specific point the Deputy raised with the Minister.
The Senator may be aware that the National Parks and Wildlife Service is currently undertaking a project to review and update wildlife legislation. This is an extensive review and a multiyear project. It will examine closely the effectiveness of our legislation in protecting wildlife and regulating activities that adversely impact wildlife and biodiversity. A public consultation will be held later this year and this may be something the Senator wishes to raise as part of that review.
Eugene Murphy (Fianna Fail)
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It is a huge issue. In my part of the country, the land is saturated.
Gabhaim buíochas leis na Seanadóirí agus na hAirí Stáit, as well as the staff around the House and ushers. As always, it is nice to have the co-operation of everybody around us because it makes the smooth running of the House possible.