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Dáil Éireann debate -
Thursday, 18 Apr 2024

Vol. 1052 No. 6

Citizens Assembly Report on Biodiversity Loss: Motion

I move:

That Dáil Éireann, in accordance with a Resolution of the Dáil of 22nd February, 2022, and the Order of the Dáil of 20th June, 2023, shall take note of the Report of the Joint Committee on Environment and Climate Action entitled "Report on the examination of recommendations of the Citizens' Assembly report on biodiversity loss", copies of which were laid before Dáil Éireann on 14th December, 2023.

Before I give a summary of the report, I place on record my thanks to the 99 citizens who met over what I think was an 18-month period right up to this time last year. The assembly was chaired very ably by Dr. Aoibhinn Ní Shúilleabháin, assisted by her secretariat and team of advisers. The citizens' assembly came up with a really, thoughtful, thorough, well-researched report. It has 159 recommendations and I think I speak for all members of the Oireachtas Joint Committee on Environment and Climate Action when I say we are indebted to those citizens and Dr. Ní Shúilleabháin and her team who helped produce the report. In March 2023 the assembly published its report and recommendations. It was referred on 20 June to the committee for our consideration. The committee undertook an extensive examination of those recommendations and engaged with a diverse rang of relevant stakeholders. These engagements have informed this report. I thank all those witnesses. I think around 50 in all came before us in the months between September and Christmas of last year. They were a diverse group. There were farmers, scientists, lawyers, academics, civil servants and many others. The contributed and helped us to write our own report. They came from near and far, from within this State and outside it as well and we are very appreciative of them giving their time and expertise to us.

The committee's report sets out recommendations to Government which members feel are vital to ensuring the biodiversity crisis in Ireland is addressed in a meaningful way. Our report contains 86 recommendations and I will present not a summary but a good selection to the House. The body of the report outlines evidence about environmental law and enforcement, the rights of nature and the right to a clean, healthy and sustainable environment, the funding of nature restoration, land use and water restoration, the mandates of semi-State bodies, the national biodiversity action plan and protected sites. The committee's report highlights the need to better implement and enforce existing environmental law.

Much of this existing legislation is designed to protect nature and biodiversity but has fallen victim to the fragmented approach currently taken to environmental governance. The committee therefore recommends the strengthening of enforcement powers across all relevant bodies, enhanced by greater collaboration between agencies. A review of financial penalties should be undertaken to support the enforcement of environmental law and to deter environmental crimes.

The committee accepts in principle the recommendation of the citizens' assembly that the people of Ireland be afforded an opportunity by way of a referendum or referenda to protect our biodiversity through the incorporation of the rights of nature, the right to a health environment or both into our Constitution. As such, we further recommend that the Government begin the preparatory steps within the lifetime of this current Dáil to consider a referendum or referenda. These steps would include the establishment of an expert group with resources to design and draft the potential question or questions.

The report highlights the need for greater investment in measures such as data and mapping systems for ecosystems and habitats to help inform reward and incentive schemes for the restoration and protection of biodiversity. The committee believes that environmental and social benefits, including long-term benefits, should be taken into account in cost-benefit analyses for public investment to encourage a more strategic approach to projects that includes more nature-based solutions. There should a review of fiscal policy to identify and prevent subsidies and Government spending that harm biodiversity and to consider measures that could finance nature restoration.

With regard to land use, the report outlines the need for clear and defined targets for farmers with regard to land use and agricultural schemes as well as a longer-term vision for farming into the future. Support at a local level would remove barriers and provide greater clarity as to the delivery expectations of farmers. When considering the challenge of agriculture and biodiversity restoration, I will note that the committee was unanimously of the view that we need to protect farmers and farm livelihoods. We believe we can do that while also restoring biodiversity in this country. That is very important to say.

The committee is particularly concerned with water quality. The report highlights the negative impact that agriculture, land drainage and discharges of sewage have had on our water systems. The committee recommends that local authorities be better resourced to fully implement and enforce legislation in respect of agricultural and septic tank inspections, especially in areas where water quality is at risk. There should be better cross-sector co-ordination to address water quality issues at a more targeted local level.

The report highlights that the mandates of semi-State bodies are currently led by outdated legislation that conflicts with our current policy objectives. The committee recommends that antiquated legislation be reviewed and amended. This includes the Arterial Drainage Act 1945, the Forestry Act 1988 and the Turf Development Acts 1946 to 1998.

While the committee acknowledges the intention for the national biodiversity action plan to be placed on a statutory footing, it expresses concern that the plan does not set out specific targets. The committee is of the view that targets, including geographic targets, should be incorporated into the national biodiversity action plan and that the plan should be aligned with the climate action plan and overseen by the Taoiseach's office.

With regard to designated sites and heritage sites, the committee recommends that the State should increase the area of land dedicated to national parks and that legislation to designate marine protected areas should be progressed through the Oireachtas with urgency.

The report sets out 86 recommendations in total. It is now being debated in this House and I believe it will also be debated in the Upper House. I encourage all Oireachtas Members to read the report and recommendations in full. I again thank all of those who presented evidence to the committee that has informed this report and its recommendations. I take this opportunity to thank members of the committee, many of whom are present this afternoon, who really went above and beyond in getting stuck into this subject. We were given quite a short timeline in June of last year. We had to report by Christmas. I really appreciate the committee's co-operation. We had multiple sessions some weeks and had multiple private sessions. There was a lot of exhaustive work. It is testament to the collaborative nature of the Oireachtas Joint Committee on Environment and Climate Action that we have produced a very meaningful report. It will be a legacy of our committee and of this Oireachtas.

As the Oireachtas committee report that resulted from the recommendations of the citizens' assembly on climate change was instrumental in framing the current programme for Government, I hope and I daresay expect that this report and its recommendations will play a central role in the formation of the next government's programme.

I am very grateful for the opportunity to speak today. I take this opportunity to formally welcome the Oireachtas Joint Committee on Environment and Climate Change report on the examination of the recommendations of the Citizens’ Assembly on Biodiversity Loss. I express my thanks to members of the committee, who worked collaboratively and very diligently to produce the report in a relatively short timeframe. I also thank the Chair, Deputy Leddin. I followed much of the proceedings and the level of engagement was wonderful throughout. I acknowledge the contribution of the various expert witnesses who assisted the committee in its examination of the recommendations and those who provided written submissions. We are all indebted to the members of the both the Citizens' Assembly on Biodiversity Loss and the Children and Young People’s Assembly on Biodiversity Loss, who invested considerable time and energy in the work, on which this report is based. That citizens' assembly was one of the first of its kind and could act as a template for engagement with children and young people on a range of other topics.

Building on the written submissions to the Oireachtas joint committee, the National Parks and Wildlife Service, NPWS, of my Department examined the recommendations and calls to action of both assemblies and the Oireachtas joint committee report and is in the process of collating responses from across government. A report on draft responses to both assemblies was presented to the senior officials' group on the environment and climate change earlier this month for review and discussion. The process of establishing the final Government position on the recommendations of both assemblies and the Oireachtas joint committee is ongoing and a final report outlining the Government response will be published in the coming months.

The Oireachtas joint committee called for the recommendations and calls to action as set out in the reports from both assemblies to be accounted for within the national biodiversity action plan and superseding plans and to be examined and considered for implementation by the relevant Departments. It is worth noting that the committee report contains 86 recommendations, the Citizens' Assembly on Biodiversity Loss report has 159 recommendations, the children's assembly made 59 calls to action and the NBAP has 194 actions. There are linkages across all processes. I will present some of the main areas where we are demonstrating progress and also some areas where there are perceived gaps.

Our fourth national biodiversity action plan was published in January and we estimate that more than 80% of the recommendations and 90% of the calls to action are in progress or captured in the fourth NBAP. This plan strives for a “whole of government, whole of society” approach to the governance and conservation of biodiversity. It is an umbrella policy that, together with focused biodiversity action, draws out biodiversity-relevant actions from other policies. Actions within the plan will support the vision that this biodiversity be valued, conserved, restored and sustainably used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people. This is the first national biodiversity action plan to be published on a statutory footing with legal requirements for public bodies to consider their "biodiversity duty" to integrate biodiversity into their plans, policies and programmes and to report on their progress.

Of particular relevance to this debate, we are expanding the network of national parks and nature reserves across the country through the establishment of new ones and increasing investment in the ones we already have. We are also publishing legislation to provide a legal basis for the parks and putting management plans in place for each one. We are on track to have draft heads of Bill published and plans in place by the end of this year. Questions of accessibility for people, as raised in the report, will be considered as part of this process.

There is better co-ordination across government through the strengthening of internal reporting structures and cross-departmental collaboration. The call for the delivery of the national biodiversity action plan to be overseen by the Department of the Taoiseach is an interesting one. It is certainly vital that the Taoiseach’s Department play a leading role on the internal biodiversity working group. I know biodiversity and nature are key issues for the new Taoiseach.

I am sure we can count on his support in this regard.

There is also better oversight of public expenditure that impacts biodiversity, with new systems to track and report on measures that improve or adversely affect biodiversity. We are also recommitting to reviewing nature governance across the State, including the roles and responsibilities of Departments and Government bodies and agencies, in biodiversity action. We are strengthening action on wildlife crime within the NPWS through strategic collaboration with An Garda Síochána. This involves building on our memorandum of understanding with An Garda Síochána to deepen collaboration; holding a wildlife crime conference; ensuring the Garda, Judiciary and customs officials have the necessary training supports; and continuing to recruit rangers to increase boots-on-the-ground enforcement. This approach is having a real impact.

Additionally, we are reviewing the Wildlife Act 1976 to improve its enforceability. A public consultation on this will be announced soon. We are ramping up efforts on our obligations to conserve protected habitats and species, rolling out more marine designations under the EU nature directives and putting a real push behind efforts to deliver conservation objectives in protected areas. This includes ramping up raised and blanket bog restoration. We are also targeting our work on invasive and problematic species; legislating to update existing invasive species laws; developing a new national management plan and biosecurity protocols; growing all-island co-operation; and resourcing and implementing on-the-ground actions to control, manage and, where possible or feasible, eradicate those species completely, including in protected areas and national parks.

There has been a rapid uptake of the biodiversity officers programme. We are very close to having a biodiversity officer in every county and, by the end of the year, the set should be complete, along with a local biodiversity action plan. I am very grateful to the Heritage Council for its collaboration on this work. The National Biodiversity Data Centre is now on a stable footing and working closely with the NPWS and other stakeholders on key priorities, including invasive species and data collection. The OPW has developed its own biodiversity action plan and recruited a biodiversity officer to help implement it. In the NBAP, it is committed to ensuring that all significant drainage, including arterial drainage, is assessed for its implications for biodiversity and also to enhance knowledge and capacity on nature-based solutions for catchment management. It is also reviewing existing flood relief schemes to identify opportunities for the retrofit of biodiversity enhancement measures.

We are moving from an era of demonstration to practice and, through the extensive engagement of amazing EU LIFE programmes, such as Wild Atlantic Nature, Corncrake LIFE and LIFE on Machair, a high level of acceptance is emerging among farmers that a results-based system is a fair approach. This approach is underpinned by the €1.5 billion agri-climate rural environment scheme, ACRES, under the CAP strategic plan, which will contribute significantly to achieving improved biodiversity, climate, air and water quality outcomes, while delivering income support for up to 50,000 farm families.

We have started to work with the Department of Agriculture, Food and the Marine, on the breeding waders European innovation partnership, EIP, with staff now in situ, which it is to be hoped will deliver what is necessary to transform the fortunes of these vulnerable birds. As well as this, we are working closely with that Department to implement the recommendations of the deer management strategy group, which is a very important piece of work in my view, to sustainably manage deer populations in Ireland. Crucially, we are increasing collaboration on nature-friendly farming by expanding key schemes, such as the NPWS farm plan scheme. That has been transformative. I visited many of those projects throughout the country in recent years. The forestry programme also has generous incentives for farmers and public bodies to plant mixed native woodlands on suitable lands.

Our semi-State bodies are also making positive commitments for nature. Bord na Móna is using best practice to rehabilitate post-production peatlands at a serious scale and is working with the NPWS on several peatland restoration projects. They should be commended for their action on this front. Coillte has set out ambitious targets to enhance and restore biodiversity on its estate. We are working closely with it to get the best results for nature. I would like to see it go further, in particular for the hen harrier, both within the special protection areas, SPAs, and in the important non-designated breeding and wintering grounds. There is also much to be done in managing sensitive sites for nature within the Coillte estate. We need Coillte and the NPWS to deepen their working relationship. I would like to see much stronger collaboration and partnership on key nature sites.

Turning to new initiatives, projects such as the All-Island Climate and Biodiversity Research Network have enabled the mobilisation of more than €40 million in funding for a climate plus centre of excellence. Through climate plus, researchers will work to deliver recommendations for the transformative change urgently needed to tackle the climate, biodiversity and water crises and complement ongoing research across the wider academic community. The Business for Biodiversity platform, which the NPWS and the Department of Agriculture, Food and the Marine are supporting, will encourage and incentivise Irish businesses to assess their impacts and dependencies on biodiversity, with a view to managing and availing of associated risks and opportunities.

Community Foundation Ireland is working to empower communities to take action for nature. Its biodiversity fund, which is co-funded by the NPWS, is promoting biodiversity action at local level by partnering qualified ecologists and community groups to produce community biodiversity action plans, CBAPs. Again, this is very impactful work. I have seen many of these plans enacted over the past number of years. Each plan catalogues the plants, wildlife, habitats and geographical features that comprise a local area’s biodiversity and makes recommendations to protect, conserve and restore them. Upon completion of their CBAPs, community groups can then apply for funding to implement the recommendations. To date, more than €1 million has been granted to deliver 181 CBAPs across all Twenty-six Counties.

My officials have started exploring ways in which the rights of nature could be formally recognised, including the potential for constitutional change. Conversations are being had with key academics and specialists in this area with a view to setting up an expert group to consider the issue in detail. I note the point raised by the Ceann Comhairle in his opening remarks in this regard. Of course, other plans and policies also address some of the recommendations, including the forthcoming river basin management plan, the national marine planning framework, the Common Fisheries Policy, the climate action plan, the bioeconomy plan and the food waste management plan.

However, while a significant proportion of recommendations have been implemented or are in progress as a result of the commitments in the NBAP, and other plans mentioned, it is clear that further enhanced and targeted approaches are needed at scale to meet the full ambition of both assemblies and reverse the trends of biodiversity loss. We have more work to do in five key areas. The committee called for increased training, education and awareness of biodiversity, and the development of a national strategy to support the domestic and EU ambition on biodiversity, soil, forestry and water. The national biodiversity action plan allows for progress in this area, but does not fully address the calls for mandatory biodiversity training across the Civil Service, or for education programmes on biodiversity to be introduced in sectors beyond agriculture, for instance. The proposal has merit, however. I call on other Departments and sectors to consider what more they can do in this regard. The NPWS is collaborating with SOLAS and education and training boards, ETBs, on a nature skills training programme for staff and contractors in local authorities, Irish Water and the OPW who are working in sensitive environments. This kind of initiative is vital. We need to see broader awareness across all sectors of society and the economy.

There are calls for the establishment of a strategy for nature-based solutions to optimise opportunities for flood risk management; we briefly spoke about this during Topical Issues today. The OPW has committed to increasing its knowledge in this area, as I mentioned, but flooding is a key area of interest for the new Minister of State, my colleague, Deputy O’Donnell, so perhaps this is something that the OPW could look towards. Nature-based solutions offer real opportunities in response to the challenge of flooding and, as we all know, this problem is only going to get worse in a warmer world. We need to take a much broader strategic approach to using nature-based solutions.

There are also calls for the use of natural capital accounting to support our biodiversity goals. The recently published natural capital accounting guide from the National Economic and Social Council, NESC, advocates for the use of this approach to inform decision-making. This is something that is already under way within the Central Statistics Office through their work on the system of environmental economic accounting, SEEA, ecosystem accounting. This is a vitally important programme of work that provides for data relating to nature, carbon, water and land use to be synthesised and presented in a format that empowers policymakers to make choices for the environment as an integrated whole. I strongly believe this is where we need to be. It is a key that could unlock so much progress. I would like to see more resources applied to this area.

The committee suggests that regulations should be introduced to require the reuse and recycling of precious metals and materials, and that enforcement of such regulations should be prioritised over the use or extraction of new materials to protect biodiversity. This is common sense, but it is also deeply complex. I encourage the relevant Departments to engage with each other and establish a way forward.

The committee recommends that further consideration be given to biodiversity in planning policy, including the concept of biodiversity net gain. My Department is engaging with public authorities and private sector champions in this area, who are already testing some of these principles. However, I would like us to go further and review international best practice on the implementation of biodiversity net gain in planning and development.

This will allow us to identify potential applications in Ireland. What is happening in the UK on biodiversity net gain is very interesting and has the potential to drive investment into biodiversity both on public and private land with long-term funding. We should watch this carefully.

I look forward to the contributions of Deputies in this important debate. Again, I thank the Joint Committee on Environment and Climate Action for its work on the report. I also thank the citizens' assembly and children and young people's assembly for helping to better inform how we collectively approach tackling the issue of biodiversity loss.

I welcome the rights of nature advocates who are in the Gallery. They and other environmental advocates have been working for decades to try to bring to the fore the needs of nature. Their work on this issue has been vital.

As we are all aware, nature is in crisis. It has been dying on its feet for decades and that process has accelerated in recent years. Aligned with that is our knowledge and understanding as we have become much more aware of what is happening, what we have done and what we need to do to address the issue and make change. In that regard, the reports of the joint committee and the Citizens’ Assembly on Biodiversity Loss are very important. The recommendations, which are based on science and expert advice, make clear what Ireland needs to do to address biodiversity loss and it is important that we action them.

The majority of recommendations made in both reports align very closely and I will refer specifically to a number of them. One that I have raised previously with the Minister of State is the need for the State to do what it can on its own lands. As the largest owner of lands in the country, the State needs to lead. It is particularly important - this was raised in both reports - that the remits of Coillte and Bord na Móna be changed to reflect biodiversity as a key component of their functions. Those organisations need to be given the legal remit to incorporate biodiversity into their considerations and business decisions. That has not happened and it is absolutely clear that it needs to happen.

The Arterial Drainage Act is another key area where an enormous difference could be made. This has been identified on a number of occasions. That legislation needs to be changed and we need to see this Government do that. I understand Deputy Leddin's point on these documents being the basis for the next programme for Government. The Government has another year to run and it could do a lot in that year. It is essential that it does it in the time available to it.

There is also the issue of giving nature a voice and recognising that we had a citizens' assembly on the rights of nature. That is absolutely critical because our culture and society have moved away from being part of nature. We see ourselves as being above nature all of the time. We do not reflect nature or nature's needs in many of the decisions made, whether by governments or businesses or across society in general. That is very important.

We need to see the terms of reference of the expert group and full transparency as regards how the group is operated. We need experts on the group, including experts on constitutional law and property rights and ecologists. It must also work on a whole-of-government basis and be provided with sufficient resources to do a good job. We have all seen the outcome when referendums are not handled well. We cannot afford to allow that to happen.

We talk about nature and climate interchangeably all of the time, which is very important because they are connected and reliant on each other and the solutions for one are the solutions for the other. The key difference, however, is that many of the climate mitigation measures are global issues, whereas when it comes to nature, we can act here. Nature is completely within our remit. I know the nature restoration law has reached something of an impasse but we should not rely on or wait for the EU to push this. We should do the work ourselves and lead on it in Ireland because nature cannot wait any longer. It cannot wait for more reports or directions to come from the EU. We know what needs to be done and the Government has the mandate to do it. A biodiversity and climate crisis was declared in 2019. We have the recommendations of the citizens' assembly and the joint committee and the public are with us on this. I ask that the Government action these measures and do what it can in the remaining months of this Dáil term.

I commend the Citizens’ Assembly on Biodiversity Loss and the young people's assembly on biodiversity loss. I commend Dr. Aoibhinn Ní Shúilleabháin and the members of the Joint Committee on Environment and Climate Action on their work on this important report. I commend, in particular, Deputy Leddin who chaired the joint committee because, having been in the Chair of a special Oireachtas committee, I know just how difficult it is to compress so much work into a short time. The joint committee did excellent work producing 86 important recommendations. It is useful to hear the Minister of State describe some of the actions being taken on those recommendations.

This is urgent. It is five years since a biodiversity emergency was declared in this country. The severity of the crisis we face means there is no wriggle room available to us when it comes to meeting our targets under the EU's biodiversity strategy and the new EU nature restoration law. I note that several of the recommendations refer explicitly to EU measures but there are many factors which can contribute to changing the fortunes of our ecosystems here and there are many national measures recommended here also. There are measures on enforcement, and I am glad to see recommendations on providing increased resourcing for the Environmental Protection Agency, the National Parks and Wildlife Service and Inland Fisheries Ireland to ensure we see meaningful and effective sanctions for causing harm to the environment.

I am delighted to see recommendation No. 28 on access to justice. I have just come here from the Committee Stage debate on the planning Bill in which we discussed access to justice within the planning system. It is crucially important that we ensure that is respected.

Deputy Whitmore is right on recommendation No. 31 on a referendum because we need to see careful groundwork in place before we see that referendum. The Labour Party fully supports a referendum on biodiversity but we have learned the importance of having regard to committee recommendations in such matters.

The financial rewards for farmers and landowners for measures taken to protect ecosystems, which are hugely important, are set out in recommendation No. 48. I am thinking of great projects like the Burrenbeo Trust project done in County Clare, the Blackwater Valley project and the biodiversity regeneration in a dairying environment, or BRIDE, project in County Cork. These are great projects which are taking that principle, running with it and showing the benefits for all.

I am delighted to see recommendations around marine protected areas. I will speak specifically about marine biodiversity and if I may speak a little in local terms, as the Minister of State will be aware, I brought forward a Dublin Bay Bill in this House. It passed Second Stage in December of last year. That Bill would implement the spirit of many of the recommendations in the biodiversity report because it would create a statutory task force to provide a stronger framework for the protection of biodiversity within our great amenity, our UNESCO biosphere of Dublin Bay. My constituency borders Dublin Bay. I am a regular swimmer there with the half moon club and there are big groups of people who swim there regularly. The bay is subject to so much pollution, with high volumes of sewage, and we need to see greater accountability there. I was delighted recently to see success in my campaign to have Dublin City Council declare the area of the half moon as an official bathing water designated area but we need to see more protections in place for such areas, not just for swimmers but for all of those who use the area. I commend many of those involved in trying to keep our bay clean. They include Jimmy Murray of the Liffey Sweeper and Irish Nautical Trust and, of course, the half moon swimming club.

I also commend the Sandymount and Merrion Residents Association, SAMRA, which put forward some very important proposals for protection of marine biodiversity in the Dublin Bay area.

They have called for greater work on flood defence enhancements. Again, I am aware there are many recommendations in the committee's report that relate specifically to flooding and to protection against flooding. We are all very conscious of this around the country. We really need to see construction commencing on the flood defences on Strand Road and Beach Road in Sandymount. The project is four years behind schedule.

With regard to sewage to the beach at Sandymount Strand and all of the area of Dublin Bay, we are seeing real problems for our accredited UNESCO biosphere and the loss of blue flag status because of sewage outflows. Again this needs to be sorted.

The Dublin Port Company has for a long time dominated plans for Dublin Bay. We are looking for the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan, to veto planning applications by the Dublin Port Company to build the largest container storage facility in Ireland right on the Poolbeg Peninsula, which is a marine biodiversity area with the beautiful Irishtown nature reserve, with which many of us here will be very familiar. On the one hand we talk about the need to adopt very important recommendations on biodiversity, and the Minister of State, Deputy Noonan, is giving the House a great update on much progress that has been made, particularly with local biodiversity action plans, but let us get things right on Dublin Bay as well.

I welcome the opportunity to speak on the climate committee's consideration of the landmarks citizens' assembly on biodiversity loss. I thank the witnesses who presented before the committee. I also thank the secretariat, the other committee members, a number of whom are in the Chamber, and the Chair of the committee for his chairing of proceedings. Like others, I most of all want to thank and commend the work of the citizens' assembly and the young people's assembly. We thank them for their efforts and for their deep consideration.

We were limited in what we could do as a committee. The Minister of State, Deputy Noonan, referenced this. It is very important our report is considered. We also had an earlier report on biodiversity and these two reports together. With the best will in the world we were constrained, but within those four documents there is a comprehensive framework for the way we look at and seek to address the challenge of biodiversity loss.

Consistent through all of it is a number of detailed calls to action and for a step change in the way things are done. There are a number of detailed proposals in that regard. For me, nature will survive and find its way. It is about the way we as humans and society interact with nature, how we govern ourselves and how we put nature at the very heart of government in the broader sense of that term, by which I mean how we govern ourselves and how we interact.

There are a number of challenges in all of this in how different interests align in relation to the recommendations. I believe the citizens' assembly is a very pure piece of deliberative democracy where people come together, weigh up the scientific evidence, hear from experts and discuss together as individual citizens, leaving their biases at the door. Then we take their report and throw it into the dirty world of politics and the interests that are there with the pushes and the pulls. We must be blunt about the other considerations the political system brings. A lot of them are vested interests that have additional power. Such power imbalances have to be faced down and they must be challenged.

It is essential we look at the recommendations and use the levers of government these institutions have in terms of the State leading by example. The recommendations relating to the mandates of the State agencies and Bord na Móna and Coillte were referenced. There is also the need to strengthen our Constitution. I fully support the recommendations on referendums, the right to nature, the right to a healthy environment, and the detailed work required. We have had a very recent bad experience of the delivery of recommendations of referendums. We need to get that work right and the groundwork needs to be put in place.

There are a number of recommendations across all four reports. There is a significance to having young people in the room. The Minister of State is supportive of that. It requires a bottom-up and community led approach to support communities in their action. This is where they want to be. This is what they want to do. They need to be supported in it.

We had a Topical Issue matter today on coastal erosion in Wexford. We had promised legislation for coastal erosion in Portrane in north County Dublin. This is real and it needs to be responded to. The Minister spoke this morning on the nitrates directive and talked about the crisis in agriculture at the minute. It behoves us all to align these interests, to push in the right direction, to support farmers and support the agricultural sector because it is in everybody's interest. There is a reference to the Lá le Bríde project in the Burren National Park. We need to scale those projects and do them at pace. We need to support them in this transition. I firmly believe the opportunity is there and it needs to be delivered on.

I am glad to have the opportunity to have five minutes on this but I put it to the Ceann Comhairle that it is not enough. I would ask the Business Committee to look at this. Last week we were in the Chamber for two and a half hours on the smoking ban, a measure that is 20 years old and very successful. Today there is 75 minutes on this motion.

I thank the Chair of the committee and the committee members for producing this report. I would ask them to seek more time to discuss this more fully, as it deserves. This is despite the best efforts of the Minister of State. I am aware he has driven change in his Department but he was starting from a very low base. It is almost five years since we declared a climate catastrophe, a climate emergency and a biodiversity emergency. While I welcome the provision, the Minister of State is telling us we are almost there with the most basic thing of a biodiversity officer in each local authority. I spent 17 years of my life with other colleagues asking "Please do something", and nothing happened. Here we are now five years later and looking at that.

I welcome the report and I welcome the speed with which the report was produced and what followed on from the citizens' assembly. This report has 86 recommendations ,which I will not get through here. I see no problem with any of them but I do see a complete lack of integrated government response. I do not believe the penny has dropped at all.

Let us look at what Mary Robinson is telling us by way of action. At the DCU annual climate conference on Tuesday she told us “Ireland, to its credit, has good climate policies, but Ireland’s not implementing  [them]". She said “We have a beautiful island. It could be the most sustainable island in the world and everybody would benefit.” I absolutely agree with her. I do not see climate change in terms of problems. I see it in terms of potential and possibilities if we do it, but we are not dealing with that. It has, therefore, become an existential threat and we are still persisting with the same policies nationally and worldwide in our investment. We still cannot get a clear commitment from the Government, for example, yesterday, when we were talking about pensions funds and not investing in the arms industry, fossil fuels and so on. Over and over that is what we are facing – a complete misalignment between policy and action. On a more basic level, the Burren project everyone has praised in Clare is misaligned with the ACRES project, and so on. So, we look at what Mary Robinson says. Then we look at coverage from the business community at the same conference. Glenn Gillard from Deloitte Ireland was reported as saying that the business community had a key role in engaging and negotiating a genuine just transition. He said that a few years ago sustainability was main priority for CEOs but, he said “what I see today is business getting preoccupied with geopolitical tension, a challenging economic environment, but also other transformational changes like artificial intelligence", but not dealing with climate change. I would say the large corporations are an integral part of the problem of climate change.

When I look at this and all the recommendations and the work of the citizens’ assembly, it is a battle cry. I do not like the term "battle cry" but it is gáir chatha in a peaceful sense. It is a call to arms to do something while all the time we are ignoring what wars and the arms industry are doing to nature. We are here trying to do a little bit while ignoring the elephant in the room.

Even while we are trying to do our little bit, we are not using a fully integrated approach. Dr. Aoibhinn Ní Shúilleabháin, chair of the citizens' assembly, spoke about the need for urgent action to address the stark issue of biodiversity loss in Ireland. I will not go into the details because time is running out on me. Dr. Áine Ryall said that the State has comprehensively failed to adequately fund, implement and enforce existing national legislation, national policies, EU biodiversity-related laws and so on and so it goes on.

In those 86 recommendations, different ones jump out at me and they are all under different headings but I will be parochial and look at Galway city. There is a fantastic laneway but everything in it - all the biodiversity you can imagine - is not protected. As former Deputy Joe Higgins said a long time ago, and I am using it in a different context, you might as well throw a sliothar at a-----

A haystack. Something as practical as this that should be treasured. It is the old road from Menlo into Galway. We have decarbonisation zones but there is no money for them. We have the climate action plans but they are not funded. All of the local authorities are under-funded and under-resourced. I am extremely critical of management. Staff are underfunded, under-resourced and under-supported. At the end of the day, we need the community to be involved.

The only thing I disagree with the former President about is behavioural change. The people are way ahead of us. Children are way ahead of us. Behavioural change is needed at Government, corporate and EU level but they are going ahead with the same policies. I wish the Minister of State the best of luck and I will support him in his endeavour.

The German philosopher Walter Benjamin once wrote that "Marx says that revolutions are the locomotives of world history. But the situation may be quite different. Perhaps revolutions are not the train ride, but the human race grabbing for the emergency brake." If we ever wanted an example of why we collectively need to pull the emergency brake, we look at the scale of the biodiversity crisis that is facing humanity and the globe. There have been a 70% drop in wildlife populations over the past 50 years with extinction now threatening a quarter of all of Earth's species, 40% of amphibians, one third of marine mammals and 10% of insect species. In Ireland, 63% of our wild bird species have a red or amber status and 85% of supposedly EU-protected habitats have bad or inadequate status. Europe is a disaster and biodiversity in Ireland is at the bottom. We are the 13th worst country in the world - an extremely nature-depleted country.

However, nothing is changing. Let us be honest. We are still heading for disaster. This is not some middle-class esoteric concern - "if you are concerned about rare birds, you should be concerned about this" or "if you like to see pandas, you will be concerned about this". If you eat food, you should be concerned about the biodiversity because without nature, there is no food. We hear the line "no farmers, no food" and that is correct but "no nature, no farmers" and we are heading towards ecological breakdown and a breakdown of our food systems. That is where we are heading.

There is a problem in that when you get citizens together and you get young people together, they say very clearly that we are utterly failing and we need radical change. Recommendation ten from citizens' assembly says that we advocate for a shift in emphasis in EU and international economic policy away from GDP expansion as a goal in itself and towards the goals of societal and ecological well-being. What is happening? The Minister of State said earlier that he estimated that over 80% of the recommendations and 90% of the calls to action are already in progress or captured in the fourth national biodiversity action plan. The Taoiseach said something similar to me on Tuesday claiming that 93% of the recommendations have been implemented or are in progress. He then admitted that the phrase "in progress" is one we need to watch in politics. In this case, it is a euphemism for doing nothing. Let us be real. It can only be by a tick-box exercise, pure lip service and a purely quantitative analysis that we can say "don't worry, we're 90% on top of this problem" when the problem is getting worse. You turn on your radio in the morning and hear the Minister for Agriculture, Food and the Marine, probably the person with the greatest responsibility for doing something about the biodiversity crisis because the driving factor is land use change, that is, industrialised agriculture, and what is he saying? He is peddling the IDA line that Ireland feeds the world when actually we are a net importer of calories and is reiterating the Government's absolute commitment to continuing with the nitrates derogation. That derogation is one of the main causes of the unsatisfactory water quality in almost half our rivers and streams, which in turn is a driving factor in biodiversity loss. He is even abandoning the advice of his own Food Vision dairy group established by him Minister in 2022, which recommended an exit and reduction scheme to compensate farmers for reducing their herds. The Government is now ruling that out. One part of the Government is saying it recognises the scale of the crisis and we have to act, etc., but the other part - the main part - is acting as if business can continue as usual and that nature can continue to be a sink for all the pollution that capitalism and industrial agriculture can throw at it.

This brings me to the most important recommendation, which is that an expert group be established to explore having a referendum on the rights of nature because this gets to the essence of the problem, namely, that capitalism treats nature as a free gift and a dumping ground for pollution. Capitalism has helped to create a massive rift between humanity as a whole and nature - this connection from what Marx described as our organic body. Putting it into the Constitution could help to overcome that. It could say that nature has rights and the rights of nature are intrinsically linked to the right of humanity to have clean, liveable, safe and proper environmental standards in all aspects of our lives. It would dramatically improve people's lives.

I am a bit worried that it seems the expert group has been downgraded. I am interested in hearing the Minister of State's response. The report from the NPWS says the NPWS will explore the ways in which the rights of nature could be formally recognised, including the potential for constitutional change. Will we have an expert group, can we see the terms of reference for it and can we make sure proper international and local experts are involved in that?

I will pick up where the Deputy left off in echoing his comments about the rights of nature and the establishment of the expert group. We do need that constitutional change to recognise people's right to a healthy environment on one hand and the rights of nature on the other. We know from very recent history that referenda are tricky. In the longer term and particularly as we look at the question of Northern Ireland, we need to think about a constitutional convention where we look at devising a new constitution for a new republic but that is the big picture. I very much agree with the Deputy about the need for that referendum and I am glad to hear the Minister of State commit to that expert group getting under way.

I wish to address participative deliberative democracy and citizens' assemblies. I really value them. I really value the process but if we are to take them seriously, we need to take them seriously. If we are to ask a group of citizens, including young people, to give of their time to make a series of recommendations, we must be serious about what we do with those recommendations. I welcome the work of Deputy Leddin and the wider joint Oireachtas committee in taking a deep dive on the recommendations of the citizens' assembly and the decision of the Business Committee to schedule this debate this evening but if I was one of the members of that citizens' assembly who had given of my time and given up my weekends, I would like to see concrete outputs from those deliberations. I do not think you can ask people to participate in good faith unless we see a pathway for those recommendations.

I would reference the fact that one of those recommendations involved putting the national biodiversity action plan on a statutory footing. This has been done so that is one area where I can go back to the members of that citizens' assembly and say "that was taken on board; that was taken seriously." Regarding calls to establish a biodiversity and nature restoration fund, that legislation was heard only last week, something that is very important from a climate and biodiversity perspective but also is also a very good piece of counter-cyclical economic policy, so I welcome that. I welcome the fact that we take items from this process and go back to the people and say we listened, took that on board and have actioned it. I have already referenced recommendations 31 and 32 around the rights of nature and the establishment of that expert group.

This also picks up on what Deputy Murphy was talking about. There have been moves by the Government to move away from the GDP model. The well-being framework and well-being accounting need to be more ingrained into our budgetary cycle, and it is something I want to see included in the summer economic statement. In the interim, we need a plug-in that makes capitalism actually pay attention to the value of nature. While that is not the ultimate solution, in response to the Deputy, I cannot wait around for the revolution and I need to take action now.

In doing that, we have to look at natural capital accounting, which is included in recommendations Nos. 42 and 43. Excellent work is being done by Natural Capital Ireland, and Professor Martha O'Hagan Luff from Trinity College Dublin came in and gave evidence to the committee. We have to make it appear on the balance sheet - what economists call externalities or people from faith communities call intrinsic value. We have to make nature matter on the balance sheet when big companies are making decisions. Although I do not particularly like quoting Joe Biden on economic policy, his idea was: "Don’t tell me what your priorities are; show me your budget and I will tell you what your priorities are." That is what we need to also do in terms of natural capital accounting.

I welcome the recommendations in this report regarding the Department of Finance review of green bonds and domestic green bonds. There is a huge potential for people to unlock investment within our own society but also to give people a sense of agency.

I particularly welcome recommendation No. 49 regarding a future generations commission or an ombudsman for future generations. We have seen the power of this model in the Welsh example. We have seen the power of the model to fulfil recommendation No. 67, which refers to the mandate of semi-state bodies, and the Minister of State also referenced public bodies. An ombudsman for future generations can make sure of the sustainability principle, which states we should not exceed the ability of future generations to live a sustainable lifestyle by how we live our lives today. A commission or an ombudsman for future generations could make sure, as has been done in the Welsh model, that that is applied not just to legislation but across public sector and semi-State bodies.

There is a wealth of recommendations here. To act in good faith with those people who gave their time to the citizens’ assembly and all future citizens’ assemblies, we have to make sure that, as an Oireachtas, we actually see a pathway so those recommendations get followed through on the floor of this House.

I welcome the debate. I welcome all the work that Deputy Brian Leddin and the committee put in, including Deputies Darren O'Rourke, Paul Murphy and others who have left the Chamber. It has been a very valuable debate with a lot of insight. Globally, we are using materials from nature each year that are double the capacity of nature to replenish. That is heading in the wrong direction and we will soon be really dipping deep into nature's capability and reserve.

The assembly very clearly showed that existing efforts have failed and that was illustrated in many ways. Only one local authority was found by the EPA to be fully effective. Despite multiple strategies, the impact on our heritage is hugely damaging. Some 46% of habitats are in deterioration, there is damage to wetlands and the number of pristine rivers has reduced from 510 to 32. On the other hand, the potential gains from rebalancing this are huge and far in excess of the investments made. That is illustrated clearly. As the Minister said in the foreword to his own plan, nature is a powerful ally. If we can get nature working to assist us, it will respond very quickly, so there is a real opportunity. The biggest single failure is the lack of policy coherence. We work in silos. The test of whether the Minister has achieved with his new plan is whether those silos break down and we have more coherence in land use policy, better mechanisms across many Departments to enforce the existing rules and improvement in the mechanisms being used, given many are defective and deficient to the needs.

I would be interested to hear from the Minister of State whether the idea of reporting back to an Oireachtas committee on this plan will be taken up. The discipline of reporting back annually is important. We need stronger institutional elements. I am disappointed that the Government has not decided that the biodiversity action plan, along with the climate action plan and the circular economy plan, when it comes back, would not be integrated and overseen by the Department of the Taoiseach. That is what we need to actually shift the dial and get it into the heart of Government, as the Minister of State said.

One of the critiques of the citizens’ assembly is that the targets set were too vague. I see the Minister has referred to targets, including international targets agreed at Montreal that refer to a 50% reduction in pollution impact, a 30% reduction in degraded land, increases in urban open space, halving food waste and so on. We need a hard look at the targets being set in each Department to see if they are fit for purpose and adequate to the requirements. It is very important that we set ambitious objectives. While I have tried to absorb some of the plan, I am not sure this is in it.

One of the things that came out very strongly from the citizens’ assembly is that partnership and not finger-pointing is the route forward. Farmers are custodians of 70% of our nature and the food sector plays a pivotal role. Where I part with Deputy Murphy is that while I absolutely agree with the need for an ambitious objective, the challenge for the Government is not to imagine that a constitutional campaign means that with one leap, our hero will be free. That is not the reality. The path to resolving these issues is a very deep political challenge. It requires the skills of resolving conflict in a lot of key sectors that are important to making that change. This will not be resolved by a stroke of a pen in a referendum. We need to build the sort of consensus that is necessary to do it. We need to incentivise some of the changes that are necessary. Taking a very ideological, unbending approach to achieving this will not be successful.

We need to build on some of the initiatives that are happening. The new corporate sustainability reporting directive is changing the dial for many companies. Data companies, which are the subject of particular opprobrium from many people, have adopted a net-zero objective not for 2050 but for 2040. Some of these companies are ahead of us in their thinking but it needs to flow right back through the supply chain. The same is true of the food sector. We need to see the reality of carbon farming and of rewarding farmers for doing the sort of things the Minister of State wants to see them doing.

As the report said, if we do not have the scientific data, we still have a fair idea of what is the right direction to go. We will have to take a punt on some of the measures, even though we might not be able to show that all the science justifies the payment to a farmer to do certain things. If we are waiting for the perfect model, it will not be here in time for us to respond, so we need to be braver in our approach to addressing that.

I welcome the €12 billion infrastructure, climate and nature fund that is being put in place. However, I wonder why we are waiting until 2026 to start taking some of the initiatives that could be funded from that massive fund.

Even if the 2026 figure, for whatever reason, remains in law, the Minister of State should be issuing a call now. There is a long gestation for the sort of innovations we want to see funded by this fund in terms of nature playing a more creative role in the challenges we have. I welcome what the Minister of State is seeking to do here. Perhaps we do not have sufficiently granular targets or well enough developed policy tools yet. It would be good to have some Oireachtas oversight of the 194 actions to help the Minister of State. We need to see this innovation fund used very creatively. We need much more effective policy instruments to support farmers in making the changes we want to see.

Above all, the Minister of State should look at what his colleague is doing with the circular economy legislation. It is really important that we take a sectoral look at what can be done to reduce environmental damage in all sectors of modern life. For example, when a circular economy approach is taken we can start to look at the design of how we can meet our needs. The way we meet our travel needs is quite bizarre. Most of us have one, if not two, cars sitting in our driveways that are idle 98% of the time. This is a massive asset that has been extracted from nature, sitting idle for a long time. We need very innovative design thinking if we are to find a way of reducing that amount of wasted material but still meet our travel ambitions. I do not think that the solution is, as some people advocate, that our travel ambitions be curbed. We need to recognise that there are travel ambitions and find design solutions. Sometimes the debate about transport focuses too much on telling people what they should not be doing, rather than helping them to meet their needs in a way that does not do the damage it is now doing. We need to have this mindset change. That is why I am not convinced that a constitutional debate with a "Yes" or "No" will deliver the sort of change we require. That is not the way politics has ever worked. We would be fooling ourselves if we thought that it could be the silver bullet. I do not deny that it may have a role, but the silver bullet is to be found in thousands of actions by individual consumers who are motivated by their recognition of the need to do things differently.

I will try to touch on some of the points raised. I really appreciate the contributions of all the Deputies this afternoon. I agree with Deputy Connolly. Unfortunately, we did not have enough time to debate the issue. For National Biodiversity Day perhaps the Business Committee could look at having a broader debate on these issues. In this term of the Dáil, it is encouraging that we have had such an intense level of debate on nature. It is only right that we do so but we should try to take up that other opportunity as well.

Quite a number of Deputies, including Deputy Bruton, raised the issue of the referendum and the work of the expert group. There will be transparency around the group concerning the terms of reference and so on. It is not a foregone conclusion that the work of the group will lead to a referendum. I agree with Deputy Bruton's point that it will not be the panacea for all the issues affecting biodiversity. The recommendation is there and we are moving on it. We are beginning to have conversations about its establishment.

Deputy Murphy raised the point regarding the "in progress" piece and making a statement that 80% of the recommendations are in progress. It is the case that many of them may only have been touched on or started or are in some way out of the starting blocks but by no means does it mean that we are well on our way to implementing such a varied, interactive and complex set of recommendations from the assemblies and within the NBAP as well.

A number of general comments were made about protecting farm livelihoods and breaking down silos by working with the farming community. One thing I found over the past number of years from visiting projects, be they the EIP projects or the LIFE projects such as LIFE on Machair or the LIFE Atlantic Crex and the farm plans I routinely visit across the country, is that many farmers are just getting on with it. They love to be involved in schemes. When we advertise these schemes, the halls are full on the information evenings and farmers just want to get on with doing this. There is a great appetite for these types of results-based payment schemes where farmers can see the outputs of their work and receive a payment based on that work. I think we are moving away from the siloed position. We saw it when we launched the NBAP in the Botanic Gardens in February. The chairperson of the ICMSA was there. The chairperson of the IFA said that the farmers had nothing to fear from the NBAP. This represents a sea change from where we were a couple of years ago and it is to be welcomed.

I agree wholeheartedly with Deputy Whitmore about what the State can do on its own land and specifically about the remit of Coillte and Bord na Móna. There is no doubt that the conservation measures programme on State lands is prioritising peatlands and woodland restoration. Rhododendron removal at scale is now happening. We are working closely with Coillte and Bord na Móna on restoration. As I mentioned in my opening statement, I want to see a much stronger approach by Coillte, particularly in relation to the hen harrier threat response plan, which I think is vitally important.

Regarding issues around the Arterial Drainage Act 1945, we are giving it consideration and working with the Minister of State, Deputy O'Donnell, on them

I thank Deputy O'Rourke for his comments. He is correct to say that nature will find a way, but we have a job of work to do collectively to try to help conserve nature and to ensure that the right policy and plans are in place. The Government has put nature at the heart of its plans and policies. I hope that the Deputy's party, if it is in the fortunate position of taking up the baton after the next election, will continue this work on the investment trajectory we have taken over successive budgets and will take in the upcoming budget as well. I agree with the point about challenging vested interests and power imbalances. All of these are very important issues to try to deal with.

Deputy Ó Cathasaigh raised issues around the deliberative democracy process of the citizens' assemblies. They are not unique to Ireland but we have them done incredibly well. The proof will be in the implementation of the recommendations from the main assembly and the children and young people's assembly. This is something we are very conscious of. There is a reporting mechanism in place. We are subject to annual reporting on the implementation of the NBAP. The implementation is being overseen by the biodiversity forum as well. There is a very strong reporting structure in place. Reporting back to the Oireachtas committees is very important, as a number of Deputies pointed out.

Deputy Bruton raised a point about the vagueness of targets and the lack of policy coherence. As I said, the NBAP is on a statutory footing. In some cases, the targets may seem vague. . This is not to say they are open-ended, but they are to a point where they are long-range targets. I think that monitoring, evaluation and gathering data in terms of their effectiveness and impact is vitally important.

Members mentioned financing and embedding the integration of natural capital accounting into our national accounts. This piece of work is in tow, but we are conscious that it needs to embed itself into our national accounting mechanisms.

I thank Deputies for their contributions this afternoon. I also thank the citizen's assembly and its chair for their work and the Joint Oireachtas Committee on Environment and Climate Action for its very speedy deliberation. The committee had a very comprehensive piece of work to do in a very short time.

The bolstering of the NPWS in recent years is making is certainly making a significant difference. The NPWS team and the staff on the ground are at the forefront and while they are the firefighters in this biodiversity crisis, it is our collective responsibility to meet this great challenge. The onus is on us in this Chamber and in the Dáil, as well as on communities across the country. What we have been trying to do over the past number of years, and we are starting to succeed, is to embed good practice, principles and policies and to provide supports, financial and otherwise, to help communities to be part of this great change and the great transition that we need to make.

Again, I thank all of the Deputies for their contributions this afternoon.

Question put agreed to.
Cuireadh an Dáil ar athló ar 4.02 p.m. go dtí 2 p.m, Dé Máirt, an 23 Aibreán 2024.
The Dáil adjourned at 4.02 p.m. until 2 p.m. on Tuesday, 23 April 2024.
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