Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

38. To ask the Minister for Arts, Heritage and the Gaeltacht the representations she has received in relation to expanding the time frame for legal hedge-cutting and gorse-burning; if, under present legislation, it is permissible to engage in hedge-cutting at any time, if there is a safety concern; the expert advice to the working group in her Department in this regard, and with regard to the observed time in which bird-nesting takes place; if she is considering amending legislation in this area; and if she will make a statement on the matter. [23879/15]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Section 40 of the Wildlife Acts 1976 to 2012 prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August during the nesting and breeding season for birds and wildlife. Vegetation such as hedgerows and scrub is important as wildlife habitat and needs to be managed in the interests of both farming and biodiversity and, therefore, a review of the current legislation was initiated to ensure that it remains both effective and balanced.Stakeholders had been seeking an opportunity to input their views on the operation of section 40 of the Acts and I announced, last year, a consultation process which provided that opportunity, with a deadline of 9 January 2015 for the receipt of submissions. Over 180 submissions have been received arising from this consultation process. The submissions received range from detailed papers from stakeholders to individuals expressing support for one outcome or another. I have also on occasion met with stakeholders on a range of issues, who have availed of the opportunity of re-iterating views expressed in their submissions in response to the public consultation.

The submissions received have been published on the website of the National Parks and Wildlife Service of my Department at .

I have established a Working Group, consisting of officials from my Department, to consider all submissions received by the deadline and to report back to me with a range of proposals. The Group is considering the data contained in the submissions and has regard to the expertise within the Group.

There are a number of exemptions within section 40, including one for reasons of public health or safety as follows:

“2 (c)the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister of the Government or a body established or regulated by or under a statute;”.

Any changes to the closed period for cutting, grubbing, burning or destruction of vegetation as provided for in section 40 of the Wildlife Acts would require amending legislation.