Conor McGuinness (Waterford, Sinn Fein)
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119. To ask the Minister for Agriculture, Food and the Marine the guidance and supports available to hill farmers who are unable to carry out controlled burning due to weather conditions within the legal window; and whether he will consider a flexible burning scheme or pilot. [36152/25]

Martin Heydon (Kildare South, Fine Gael)
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Hill farming and the management of uplands comes with its own unique challenges. As Minister I fully appreciate that the mechanical methods of managing vegetation on low land may not be a practical option for many upland areas where tractors cannot travel to top or mulch strong vegetation. Controlled burning therefore has a role to play as part of an overall management package. However, burning of any lands needs to be done in the correct manner and in full compliance with national legislation.

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

Furthermore, where land has been burned between 1 March and 31 August, it is not in a state suitable for grazing or cultivation and therefore is not eligible for area-based payments such as the Basic Income Support for Sustainability (BISS) for the remainder of the year.

To assist farmers my Department has produced a Prescribed Burning Code of Practice in order to provide guidance to landowners who use controlled burning as a land management tool and a shorter version previously issued to farmers in high fire risk areas throughout the country . Both publications are available on my Department’s website or from the Forestry Division Johnstown Castle, Co Wexford (www.gov.ie/en/department-of-agriculture-food-and-the-marine/publications/fire-management/).

As I have already stated the closed period for burning is set out in national legislation. This legislation is the responsibility of the Department of Housing, Local Government and Heritage and any changes would be a matter for them but it is not a change that I would advocate for at this point.

For farmers in upland areas who are struggling to maintain their lands I would encourage them to explore with their agricultural advisor alternatives means of control. This may involve mechanical methods or changes in stocking patterns. As with all lands it is important that the maintenance activities employed by the farmer are designed with the local conditions in mind to ensure that best outcome for the lands and which take account of all the relevant regulatory requirements.