Dáil Éireann Debate, Tuesday - 26 July 2022
612. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage the reason that no regulations were made arising from the power granted to the responsible Minister under Section 7 (1) of the Heritage Act 2018; if any representations were received by his Department on this issue; and if he will make a statement on the matter. [39658/22]
View answer613. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage if he will bring an amendment similar to the expired section 7 of the Heritage Act 2018 before Dáil Éireann as a matter of urgency; and if he will make a statement on the matter. [39659/22]
View answerI propose to take Questions Nos. 612 and 613 together.
The decision by then Minister for Culture, Heritage and the Gaeltacht not to use Section 7 (1) of the Heritage Act 2018 was taken on the basis of the prevailing weather conditions at the time as well as being conscious of the responsibilities as Minister, in the conservation of all bird species. March is the start of breeding or rearing of chicks and there is legal protection in place covering birds’ eggs and their nests. It was not considered that extending the burning season would assist in the protection of wildlife.
Section 7(4)(a) of the 2018 Act provides that section 7 would expire two years after the enactment date unless continued by a resolution by each House of the Oireachtas. As no such resolution was passed, section 7 of the 2018 Act expired on 17 July 2020. The position now is that there is no provision allowing for the alteration of the dates of the restricted period as set out in the Wildlife Act 1976, as amended. Any such changes would require an amendment to the Wildlife Act 1976.
I have no plans to propose any change to the statutory dates.
In relation to the receipt of representations, in 2019 my Department invited submissions on draft Regulations and best practice guidelines on this matter. Some 30 submissions were received from various interested parties.
I would refer the Deputy to a Seanad Commencement Matter on Wednesday 9 March, 2022 for more information on this issue.
