Holly Cairns (Cork South West, Social Democrats)
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693. To ask the Minister for Agriculture, Food and the Marine if he will review the prescribed Burning Code of Practice. [11082/23]

Charlie McConalogue (Donegal, Fianna Fail)
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The burning of vegetation is controlled by the Wildlife Acts. Individuals who are found to burn vegetation within that prohibited period are liable to prosecution by An Garda Síochána or by the National Parks and Wildlife Service (NPWS).

My Department has no role in enforcement of this legislation. However, the Code of Best Practice for Prescribed Burning – Ireland was first published by my Department in 2012.

The code provides practical guidance for farmers and other landowners to plan and prepare a safe burning of vegetation that is legally compliant. Given the time elapsed and developments in legislation and the practice and management of upland vegetation during this time, I have asked my Dept. to review of this document. I am aware that there is also a need a provide guidance to landowners who may not wish to use fire to manage vegetation and to provide guidance on a wider set of options to manage upland vegetation.

Holly Cairns (Cork South West, Social Democrats)
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694. To ask the Minister for Agriculture, Food and the Marine the steps he is taking in response to illegal land burning which occurred in Cork south-west in recent days. [11083/23]

Charlie McConalogue (Donegal, Fianna Fail)
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Uncontrolled burning is a serious matter which puts lives and property at risk as well as having a massive environmental impact.

Under Section 40 of the Wildlife Act, 1976, as amended by the Wildlife (Amendment) Act 2000, growing vegetation cannot be burned between 1st March and 31st August of any given year (the closed period), on any land not yet cultivated.

Burning of agricultural lands and the Regulations (Wildlife Act) that relate to this are the responsibility of the National Parks and Wildlife Services (NPWS), which are part of the Department of Housing, Local Government and Heritage.

From the perspective of my Department, any agricultural lands that have been burned during the closed period, or which have been burned in an uncontrolled manner in the open period, will be deemed ineligible for all area-based payments made by my Department.

With regard to recent fire events, an investigation has commenced, with the area of burnt land being identified and quantified, with the aid of satellite imagery. The Department will review the Basic Income Support Scheme (BISS) applications submitted in respect of these land parcels in the affected areas. The deadline for applications for 2023 schemes is 29th May and where individuals claim these burnt areas for payment, these applicants will be notified of their non-compliance.

Where an applicant submits clear evidence to demonstrate that they are not responsible, my Department may consider removing any penalties or, in duly justified situations the lands may be considered eligible under Force Majeure.