Róisín Shortall (Dublin North West, Social Democrats)
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966. To ask the Minister for Arts, Heritage and the Gaeltacht if she will respond to the serious concerns raised by a number of organisations (details supplied) with respect to proposed changes to section 40 of the Wildlife Act that would permit the setting of gorse fires in March and the cutting of hedgerows in August; if she is satisfied that this proposal will not adversely affect the protection and preservation of indigenous flora; her views on the fact that many birds, such as the yellowhammer, nest chicks until well into September; if she is satisfied that these proposed changes do not conflict with the 2007 European Court of Justice ruling in case C-418/04: Commission v. Ireland, which found that the State failed to adequately protect indigenous bird habitats; and if she will make a statement on the matter. [25185/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Section 40 of the Wildlife Acts 1976, as amended, prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August.

Following a review of Section 40, which involved, inter alia, consideration of submissions from interested parties, I announced proposals last year to introduce legislation to allow for managed hedge cutting and burning at certain times within the existing closed period on a pilot two year basis. These proposals were included in the Heritage Bill 2016, which was published in January this year.

I am keenly aware that we must ensure that these changes should not impact upon our populations of wild birds, including yellowhammers and many other species. For that reason, any such burning and cutting will be subject to conditions and restrictions which will be specified in regulations in relation to hedgerow husbandry, management or maintenance to protect fauna or flora.

In addition, my Department will monitor activity under the proposed new provision and an assessment of the impacts will be carried out before any decision is taken on continuing this measure beyond the pilot phase. In that context, my Department will work towards gathering the data required to underpin such a decision. This will include data in regard to bird nesting, and the level and impact of cutting. I do not believe that these changes conflict with the ECJ ruling on bird species.

The existing provisions relating to Section 40 of the Wildlife Acts are still in operation and any changes to the closed period are dependent on the passage of the Heritage Bill 2016 through the Oireachtas.