I thank Deputy Deasy for raising this matter. In the absence of native woodlands, hedgerows form important features in maintaining wildlife diversity, particularly for birds. The commonest nesting birds found in hedgerows, such as wrens, bunnocks, robins and willow warblers, depend almost entirely on insects during the summer months. In general untrimmed thorned hedgerows containing species such as blackthorn, whitethorn and holly are favoured by birds as they serve as a protection against predators.
Many of Ireland's important wildlife species are associated with traditional low intensity, mixed farming. This, combined with the retention of semi-natural habitats, provides a wide range of niches and food resources. Modern farming threatens these micro-habitats. I am hopeful that my programme for the designation of natural heritage areas – NHAs – together with the rural environment protection scheme – REPS – to which the Deputy referred and which is administered by my colleague, the Minister for Agriculture and Food, will go a long way towards protecting these types of habitats. Measures are provided in both of these programmes to maintain existing features which make up farmland habitat "mosaics", such as hedgerows, field edges, areas of scrub and unmanaged vegetation, drainage ditches etc., which are so valuable to farmland birds and animals.
We need public education and encouragement to shoulder responsibility in these matters. As to the legal position, measures preventing the burning and destruction of vegetation are covered under the Wildlife Act, 1976. The Deputy will be aware that at present, section 40 of the Wildlife Act, 1976, provides protection against the cutting, grubbing and burning of hedgerows on uncultivated land during the nesting season from 15 April to 31 August, subject to certain exceptions. In the forthcoming Wildlife Bill, these restrictions will apply from 1 April rather than 15 April and will remove any doubt that the destruction of vegetation growing in hedges or ditches during this specified period is prohibited. It also stipulates that works, other than on roads or construction works, done under the authority of any Minister or body established by statute, such as a public body or local authority, that lead to the destruction of vegetation may only be carried out during the specified period for reasons of public health and safety. There is a new provision to enable me to request from the relevant Minister or body details of any such works, together with a statement of the public health and safety factors involved. An exemption is provided for the destruction of vegetation in order to stop the spread of fires or for other emergency purposes.
This year, as in previous years, Dúchas, the heritage service of my Department, has written to all local authorities requesting that works to hedgerows be undertaken outside that crucial nesting period. Provisions are made within these sections for certain exceptions necessary for agriculture, forestry and other developments. In addition, under article 10 of the habitats directive member states are obliged in their land use development policies to encourage the management of features of the landscape which are of major importance for wildlife. An example of this are hedgerows which act as ecological corridors for the movement of wildlife.
It is widely accepted that the most effective way to conserve wildlife is through habitat protection and management. There are limited resources available and it is necessary to be highly selective when determining priorities and managing resources for wildlife conservation. The main actions being undertaken by me and my colleagues are as follows: research and monitoring of priority habitats and species; proposed designation of natural heritage areas; designation of special protection areas for wild birds under the birds directive; and specific protection measures, for example, the corncrake grant scheme.
The Department of the Environment and Local Government has underlined in its guidance notes to local authorities on the Roads Act, 1993, and its road grants memorandum the importance of carrying out roadside trimming during the winter season and that the timing of trimming work and the manner of its execution should minimise damage to the ecology of hedgerows.
In relation to agriculture, the REP scheme, administered by my colleague, the Minister for Agriculture and Food, also promotes the conservation and maintenance of existing features which make up farmland habitats such as hedgerows. Under measure four of REPS farmers must not remove habitats such as field boundaries, margins, woodlands, wetlands, natural and semi-natural vegetation, or damage any of these features on their farms. Under measure five farmers have to carry out specified maintenance or repair work on hedgerows in the interest of wildlife.
Furthermore, under the national biodiversity plan I am preparing some possible measures to improve the conservation of hedgerows. I intend to afford further consideration to those measures in the context of the finalisation of the plan. In addition, the Deputy will be aware that I published today the Wildlife (Amendment) Bill, 1999, which includes provision to strengthen the protective regime relating to the cutting of hedgerows during the critical bird nesting period. The Bill includes a requirement that hedgerows may only be cut during that period by public bodies, including local authorities, for reasons of public health or safety. I look forward to debating these provisions of the Wildlife (Amendment) Bill, 1999, with the Deputy and other Members when the matter comes before the House.