Seanad Éireann díospóireacht -
Thursday, 22 Feb 2024

Vol. 299 No. 3

Nithe i dtosach suíonna - Commencement Matters

Early Childhood Care and Education

Senator Emer Currie

There are myriad interconnected issues that are contributing to our fragile childcare system. Let us be in no doubt the Government is working to address them all, one by one. I want to take a look at core funding. The pay freeze has undoubtedly worked for parents and we are very grateful for it, with a reduction of 25% in fees to grow to 50% in September 2024. That is reforming policy. We should only build from there. I congratulate the Minister on the concept of core funding, but it does have to evolve.

In my view, our existing operating model, a model which needs to be developed further and further defined, has particular positive legacy characteristics that we should protect. One of them is the variety of providers that we currently have. We have large-scale providers, chains, medium-sized and small providers, childminders and a network of neighbourhood ECCE providers. We have them all and need them all in Dublin West. Right now, the small and medium providers feel like the Government is turning its back on them. They feel we are changing the operating model, fledgling as it is, towards large-scale centre-based provision, which requires a level of administration that small to medium providers are just not built to manage. Economies of scale are required to make core funding work, and smaller providers just do not have them. Regulator requirements are conflicting and very confusing and are not fostering a supportive environment in which these small to medium providers can thrive.

The reality is that we are losing good early childhood and care educators. I know the official data paints a picture whereby the closure of operators is slowing down, and the Minister feels there is more sustainability overall emerging in the sector. However, intelligence on the ground speaks to uncertainty and a lack of confidence in the future. I am being told it is too hard to make core funding work, that providers are leaving the sector early and the opportunities to grow and expand are not there. Providers are feeling squeezed out and are unsure of where Government policy is really going and if they have a place in it. I am speaking on behalf of all providers today, bar the very large providers as I have not really engaged with them on this.

That is not to say they do not have issues of their own. However, it is startling when one speaks to so many operators on the ground who question whether they are going to fit into the direction we are going. The answer I give them is that they will, and that they do, and that we need them and so do our parents. However, they do need to see action with regard to core funding to back that up.

I would very much appreciate if some assurances could be given to them today. For instance, in significantly increasing core funding, allowing services to reach equilibrium with inflation, their income has remained static in the last couple of years despite perhaps a 15% to 20% increase in their operating costs. They need to pay their staff more. The administrative burden is too much and so is the need to deal with so many different agencies. Can we provide wraparound services and centralised services? There has to be more fairness because not all operators are the same and their cost base is different. There cannot be a simple one-size-fits-all solution. More than anything, what they ask me for is partnership and to be part of a sustainable vision that works for everyone.

Acting Chairperson (Senator Eugene Murphy)

Go raibh maith agat, a Sheanadóir. Cuirim fáilte roimh an Aire Stáit.

Minister of State at the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (Deputy Thomas Byrne)

Core funding, which is a significant achievement of this Government, was first introduced in September 2022. It is designed and has worked to support improved quality of provision, improved pay and conditions for staff, a fee freeze for parents and sustainability and stability of income for services. Core funding makes a significant additional contribution to services' income, allowing them to better absorb increased costs.

In year 1 of core funding, €259 million was allocated to the scheme and 99% of services that signed up to the scheme saw their income increase. Less than 1%, or close to 60 services, received top-up payments to ensure their income did not decrease for the same level of provision offered.

Core funding in its second year has a budget that has increased by 11% to reach €287 million, providing a sustainable platform for investment with increases for all services. To date, more than 94% of eligible providers have now signed up to year 2 of core funding.

This year, all services will have seen further increases to their core funding allocations from the second year due to the increased allocations towards non-staff overheads and administrative staff and time. In addition, the Government introduced a number of targeted supports for small and sessional services in year 2 of the scheme to improve sustainability of these services, specifically a flat rate top-up of €4,075 for sessional-only services and a minimum base rate allocation of €8,150. These measures saw the average allocation under core funding for sessional-only services increase by 32% this year.

Currently, through early childhood care and education, ECCE, capitation and core funding combined, services receive a minimum of €79.20 per child per week and a maximum of €95.85, with additional funding for graduate lead educators and graduate managers, with sessional only services also receiving an additional sessional-only flat rate of €4,075. In a continued commitment to supporting small and sessional services, the targeted measures introduced in year 2 of the scheme will continue to apply in the 2024-25 year.

As announced in the most recent budget, the allocation for year 3 of core funding, from September 2024 to August 2025, will increase by €44 million or 15% to €331 million. This will support the delivery of a range of enhancements in year 3 of the scheme to support improved affordability and accessibility for families, improved pay and conditions for the workforce and continued improvement in sustainability for providers. Enhancements to the targeted measures for small and sessional services, including the option to raise the minimum core funding base rate, are under consideration for year 3. Any change to the allocation model for year 3 will be informed by financial returns data due from services next month.

Senator Emer Currie

The Minister of State will have noted that in my opening remarks, I congratulated the Minister on the concept of core funding because I think the concept does work. There are issues on the ground, however, and they need to be addressed for people in this sector of the industry to have the stability and security they are looking for. There does need to be an ongoing partnership with them with regard to their specific challenges. As I said, that will only be done by not just having a model that works overall and not with a one-size-fits-all approach, but by supporting them as much as we can individually with their concerns. The problem with the financial sustainability supports is that the providers feel penalised then whenever they are looking for more loans or assistance. That is very real. The funding opportunities are just not there to the extent that they need. Overall, we have to protect their place in our operating model.

Deputy Thomas Byrne

The announcement in September 2022 regarding early years education and childcare was really significant and in later years will be looked back upon with huge pride as a major achievement of this Government. It was a significant focus of the previous general election. All of us in government should be really proud of what we have achieved with regard to core funding. It is a massive step forward. However, the Minister does not want any services to be faced with financial sustainability issues and is fully committed to working with any service to support it in delivering early learning and childcare for the public good, which is what we are all here for.

Special supports are available from the Department where a service is experiencing financial difficulty or has concerns about viability, accessed through local childcare committee. This support can take the form of assisting services with interpreting analysis of staff ratios and cashflow, as well as more specialised advice and support appropriate to individual circumstances. In some instances, financial supports may be deemed appropriate in tandem with the case management process. Once a service engages with its local childcare committee, it will be able to avail of supports through the case management process. Through this process, the local childcare committee and Pobal work together to assess and provide support to early learning and childcare and school age childcare, SAC, services experiencing difficulties. The Minister encourages any service experiencing financial difficulty that would like support to contact the county or city childcare committees to access case management supports.

Acting Chairperson (Senator Eugene Murphy)

I hope Senator Currie has a cure for that cough or cold. I have one myself; it is going around.

EU Directives

Acting Chairperson (Senator Eugene Murphy)

Cuirim fáilte roimh an Aire Stáit, an Teachta Richmond.

Senator Paul Gavan

It is always good to see the Minister of State. I thank him for coming in.

I will start by quoting his colleague, the Minister for Enterprise Trade and Employment, Deputy Coveney, in response to a question from Deputy O'Reilly last November with regard to the platform economy. The Minister said that "Ireland has robust mechanisms for the determination of the employment status and the Government is committed to tackling false self-employment wherever it occurs."

Last night, I wandered up Camden Street, which is just ten minutes from here, and what Members will see outside any of the fast food restaurants are gatherings of young people - young men and women - hanging around in the dark waiting for a fare. It is the modern day equivalent of the old hiring fairs. I put it to the Minister of State that the Government is not committed to tackling false self-employment because if it was, it would have long ago tackled the issues of exploitation we can see on our high streets on any given evening in any major city in our country.

In December, the EU published a proposed directive on platform work, which was aimed at fixing the issues caused by the relationships between platform services and their workers. The directive aims to protect workers from exploitation by digital platform companies, such as Deliveroo and FreeNow. It is a directive that has been considerably watered down already. I have to put on record that I am hugely disappointed by the Government's position on this at European Council level, where the Government insisted on watering down the proposals that came with from the European Parliament in respect of this directive.

Those who provide the labour for these companies - the riders and drivers - are not classed as employees but as self-employed, meaning they do not get the same rights and protections as employees, such as minimum wage and entitlements to sick pay or maternity leave. The working conditions of these so-called self-employed workers have been getting worse, with the average return from a delivery falling to less than €3, while the platform companies that hire them record massive profits. The lack of regulation has resulted in a toxic sector of the economy, with exploitation, dangerous working conditions and exceptionally low pay. Many of us have spoken about this situation for years, yet here we are, almost four years into this Government, and nothing has been done for these people.

Last week, the Department of Finance published a report on self-employment labour flows. The report denominates 70% of Ireland’s self-employed as "necessity entrepreneurs", based largely on whether they have any employees. However, what the 25-page report fails to take into account, investigate or even mention is the number of these so-called self-employed who are being exploited in the platform economy. Last September, five months ago, The Examiner reported there were upwards of 3,000 permanently active food delivery platform workers, not including dormant or part-time workers. A large number of the so-called self-employed the Department of Finance referred to are, in fact, operating for digital platform companies and are simply labelled self-employed so the likes of Deliveroo, which has only 20 employees in Ireland, can continue to exploit the legislative position and the vulnerable individuals who bear the costs of convenience and provide these multinational platforms with record year-on-year profits.

Simultaneously, we see lobbying from the platform economies towards the Department of Enterprise, Trade and Employment to introduce a so-called charter on flexible work, which would enshrine the rights of the platform companies to continue using these systems. I cannot express how disappointed I am with the failure to date of the Government to tackle this issue of gross exploitation, which we can see on our high streets across all of our major cities.

The EU directive, while welcome, does not go far enough. Does the Government intend to expand the provisions laid out in the directive and update the code of practice in determining employment status, which is about as clear as mud at the moment, or will the Government continue to ignore these workers, many of whom are immigrant students?

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Neale Richmond)

I appreciate Senator Gavan raising this issue, and it is one I have done quite a bit of work on both in the EU Council and through meeting stakeholders from the trade union movement and employers. It is my duty, as a Minister of State, to meet all sectors and all sides. I am more than happy to engage with Senator Gavan, as I have done with his party colleague in the other House.

To address directly the title of the debate, the proposal for a directive on improving working conditions in platform work aims to ensure that people working through digital labour platforms can fully enjoy the labour rights and social benefits they are entitled to. It also aims to support the sustainable growth of digital labour platforms in the European Union. The directive notably outlines measures to correctly determine the employment status of people working through such platforms and promote transparency and fairness in algorithmic management, that is, automated systems supporting or replacing managerial functions.

The directive also aims to empower people to be aware of decisions affecting their working conditions. They have a right to be informed about automated systems and how they function. The directive also requires human oversight of the automated systems to ensure their compliance with working conditions and provides the right to contest automated decisions such as terminating or suspending accounts.

The directive is currently in the European legislative process. A second provisional agreement reached in the trilogue process in late January failed to reach the required qualified majority vote, QMV, to pass last week, with four member states unable to lend their support to the proposal. The Belgian Presidency has confirmed it is now exploring whether it can find a compromise that can find sufficient support for the latest agreement. If a qualified majority can be reached, the proposal will be debated by ministers at the Employment, Social Policy, Health and Consumer Affairs Council, EPSCO, meeting on 11 March, which I will attend, as I have attended all EPSCO meetings since my appointment to this office.

I confirm that Ireland did not oppose the latest proposal for agreement. To be frank, I take issue with the suggestion that we have sought to water down this directive. We have engaged in the process and have been supportive of it from the outset. I do not say that as someone looking on at the European Council meetings but as someone who has sat in the room, had the debate and spoken publicly and privately in sessions at formal and informal EPSCO meetings setting out my position that the platform directive is needed in a form suitable for all 27 member states. It should not be tailored to only one member state.

I also underline that Ireland already has mechanisms in place for persons who believe their employment status is incorrectly determined. Senator Gavan knows this as he has worked in this area much longer than many others have. A claim can be referred to the Workplace Relations Commission, WRC, which will consider, relying on Irish and European jurisprudence, whether the facts support a finding that the person is indeed in an employment relationship.

On the code of practice, on which I want to give the Senator the most specific answer I can, the revised code of practice on determining employment status was published in July 2021 by the then Minister for Social Protection. The code is the key guidance document for employers, workers and others with regard to deciding the employment status of a worker. It is revised to take account of newer labour developments, including platform work. Work is under way between the Department of Social Protection, the Revenue Commissioners and the Workplace Relations Commission to review and update this code of practice on determining employment status, and in studying the recent Supreme Court ruling. I do not want to get into detail of that ruling in this House, as the Senator will understand. To return to the crux of his question, we are revising the code of practice and I would welcome his insight in that regard, as both an elected representative and a trade union official of many years.

Senator Paul Gavan

I thank the Minister of State for his response. I will be clear because the history of this is important. One of the key aims of the original directive was that the EU Council would push for a position in which workers would be legally presumed to be employed. That position was watered down and the Government supported the watering down. That is the key point I am making.

On the determination of whether someone is self-employed or employed, it is frankly not adequate. The evidence that it is not adequate can be seen on our high streets on any given evening. I will ask the Minister of State a straightforward question. Does he accept there is exploitation happening in this sector? I also note that, as of recently, his Department has had six meetings with employer groups as opposed to two meetings with trade unions. Again, the Minister of State may wish to comment on that.

My key point is that, right now, these young workers are being failed. They are being exploited in a most horrendous manner, and almost four years into its term, the Government has done nothing about it. It could look at the Spanish model or the New York model, which applies a minimum fee on all deliveries. That is what it could have done, and I urge it to do so. These workers cannot wait any longer for protections; they need them now.

Deputy Neale Richmond

When it comes to looking at the high streets, we need to be more subjective and objective. Platform work is a good thing if done right. We should be able to agree on that, but it needs full and robust protections. I believe we have the mechanisms in place but there is unfortunately exploitation going on in this sector. I fundamentally agree with the Senator on that point. I will not argue about that, and I will work to make sure we target that exploitation.

On the meetings I have had, I have met with one company engaged in platform work and one trade union delegation. I had a meeting with one of each - that is it. I have another meeting in my diary for another employer group for 8 April. I am more than happy to meet another trade union delegation. I have been doing it through the guise of the Irish Congress of Trade Unions and through my own trade union, SIPTU, of which I am a member. That is no problem.

I urge caution on the Spanish model. The reason we have not reached agreement on the directive until this point is that the clear focus of the Spanish Presidency lends itself to the system operated in Spain. I would argue that that is much different to what is in going on in the rest of the European Union, specifically here. For as long as I am Minister of State, I certainly do not intend to push the Spanish model. The Senator may favour it but I am afraid that is just a disagreement he and I will have.

Senator Paul Gavan

What about the New York model?

Deputy Neale Richmond

I undertake to take a closer look at that. To be honest, I am more familiar with the Spanish one.

Cancer Services

Senator John McGahon

I thank the Minister of State for coming to the Seanad for this debate. I want to provide some context in anticipation of his response, which I have not seen yet, but I want to lay the groundwork for it.

The reason this issue was brought up in the Oireachtas and on "Liveline" over the past two days was the result of a letter that I received from Alison McCabe from Breastcare By Alison. She is from Dundalk in County Louth. She has been doing this job for between ten and 15 years, if not more. Alison was able to show us the potential cuts that were being proposed, not by the Minister but by the HSE, and reforms to this scheme by the HSE. I want to outline the context of the proposed cuts and what happened in the past 24 hours after the issue was raised.

The proposals came from the HSE. Currently, the approach is different throughout the country – in Meath, Louth, Donegal or Cork. There are different outcomes for different people based on their geographical area. In County Louth where I am from, currently a woman is entitled to two post-surgery bras, one prosthetic, or two if the woman has had bilateral surgery, one swimming prosthetic, two in the case of bilateral surgery, and one post-surgery swimsuit. Under the reforms proposed by the HSE, there would be a nationwide scheme but it would be reduced to €60 towards a post-surgery bra, which is not even sufficient to cover the fitting and supply of one post-surgery bra, and €200 towards prosthetics. That is the reform proposed by the HSE, and to make it a nationwide commitment.

There were three other proposals, which I will outline. One proposal in the reform is that ladies would receive their first fit following surgery in the acute hospital where the surgery took place. The reason why that is not a good idea is that it is an unrealistic aspiration, as breast care teams in hospitals are under extreme pressure and have enough important work to be doing in the hospital setting. This does not need to take place in a hospital setting.

Second, the changes aim to ensure service users who are post-mastectomy do not experience an increased financial burden in accessing these items. Again, that does not make sense because we are going to cut the funding they receive. That "we" is not the Government, but the HSE.

Third, the procedure does not include sports products, that is, for swimming or running. Women do not get that type of sportswear either. That was the proposal.

In 2017, the HSE made the same proposal and the then Minister for Health, Deputy Harris, said: "When I became aware of the proposed changes, I intervened and their introduction is now deferred." I welcome the response from the Minister last night in the Dáil. He said in a statement that he was aware of reformed procedures put in place by the HSE and is fully supportive of the provision of supports to all women regardless of medical card status. However, he understood the threshold of support provided under the new procedures may lead to some women being provided with less support than previously. The Minister said he had asked the HSE to amend the procedures to ensure "no woman, either currently availing of the scheme or accessing it in the future, is at any financial loss as a result of these changes". That is a great thing. I commend the Minister on saying that in the Dáil last night.

I hope the Minister of State can reiterate that today. The point is that this is an example of HSE bureaucracy. This is an example of reforms being made by the HSE without Government approval, ministerial approval, or the approval of politicians. It has caused a huge amount of widespread anxiety to breast cancer survivors, particularly in my county of Louth, and across the island of Ireland. I am glad the Minister has come out and clarified the matter and said that there will not be financial cuts to this scheme. That is a good thing. The HSE , the bureaucrats, and the people who designed this reform should never have gotten it to that stage in the first place.

Deputy Thomas Byrne

I just want to make one point first. I am not reading out the script that might have been provided to the Senator because it does not reflect the position of the Government and it certainly does not reflect the position of the Minister, Deputy Stephen Donnelly. I am getting that checked. I have been talking to the Minister. The position is that, first, we have championed women's healthcare from day one. The announcement that the HSE made was not sanctioned and is not and was not agreed by the Government. As soon as the Minister heard about this, he instructed the HSE to pause it. He has committed now to increase the supports and he says that no woman will be left worse off. He wants to emphasise that he, the Government, and Senators, have championed women's healthcare from day one of the Government. That is about as clear as I can put this issue. The decision has been reversed by the Minister, and no woman will be worse off.

Senator John McGahon

I really thank the Minister of State for that. I could not ask for a more unequivocal response from a Government Minister and from this Government of which I am hugely supportive. I have always been supportive of it.

The Minister of State alluded to the issue I raise. This occurred in 2017 and a Minister for Health had to come out and stop it. A HSE bureaucrat was trying to reform the system a Minister had to come out and publicly and make a statement. This has happened again in 2024 whereby a HSE official or bureaucrat has tried to reform a system and a Minister has had to come out and refute in and say it is not going to happen on his watch. That is great and important, but there is no way that these type of things should happen or get into the public domain without either ministerial, political or Government approval. As a result of that bureaucracy getting out, it has caused a huge amount of stress. I am so happy that this Government has stood very strong behind these cancer survivors. I am also happy that we have made it unequivocally clear in black and white. This is a good response from the Government. I thank the Minister of State.

Deputy Thomas Byrne

I thank the Senator and others for raising this issue, including constituents. Some people in Louth were on to me as well about this particular issue. The script that has been provided here, by the HSE or whoever, does not reflect what the Minister has said. I speak with the authority of the Minister and I can state categorically that he has instructed the HSE to write to every woman it contacted about this proposal to tell them that it is not going ahead. While we will increase supports in parts of the country where the supports are lower, no area will see its current level of support decrease. That is direct from the Minister. I thank him for that.

I also thank everybody for raising this issue. People on the administrative side of the State who do a huge amount of good work need to be aware that these issues are of critical importance to all of us, including women. Last night when I spoke to the Tánaiste he reminded us that he was the Minister for Health who introduced the scheme. There is a huge political commitment to this. The women of Ireland and breast cancer survivors must be assured that we have their back and we will support this scheme. I again thank Senator McGahon for raising it.

Acting Chairperson (Senator Eugene Murphy)

It looks like we have a good outcome to that problem. It is a good result from the Minister. I echo the Minister of State's compliment to Senator McGahon for raising the matter, which I know is an issue for many of us currently. It has now been clarified.

Hedge Cutting

Senator Paul Daly

I welcome the Minister of State, Deputy Thomas Byrne. I thank him for his attendance. I know he is taking this Commencement matter on behalf of the Minister of State, Deputy Noonan, from the Department of Housing, Local Government and Heritage.

It took a little while for me to track down where I needed to go with this request because, while this is an agricultural practice and an environmental issue, it is actually the responsibility of the Department of Housing, Local Government and Heritage. It comes under the remit of the National Parks and Wildlife Service, which comes under the auspices of the Department of Housing, Local Government and Heritage, so that is where I need to direct the question.

As outlined in the matter I raise, under the Wildlife Act, it is an offence to cut, burn, destroy wild vegetation or hedgerow from 1 March to 31 August, which is welcome from an environmental and a biodiversity perspective. Unfortunately, this year, due to the very inclement weather we have had in recent months, land is completely saturated, and it is nigh on impossible for machinery to travel on fields without doing untold damage. A lot of farmers, by virtue of the fact that their hedgerow maintenance is done by contractors, and the contractors have fallen so far behind in their workload they are not now going to get to all the farmers in question before 1 March. That is because they could not travel on the land, and they still cannot. We had another very wet night last night.

A lot of roadside hedges are cut so people who drive along these roads might ask what I am talking about as the hedges are cut. That is because that was the easy pickings for the contractors. They had the firm footing of the solid road to travel on, so during the wet weather they concentrated on the roadsides. In many cases, the inside of that same hedge was left uncut with the intention of coming back when the land dried out, but that has not happened and it does not appear that is going to happen before 1 March.

What I am looking for here this morning is a temporary extension.

The main reason I ask for it is that we have the proverbial catch-22 for many farmers. The new environmental ACRES scheme is to be welcomed and is doing a great job towards our environmental targets and biodiversity. Some conditions of that scheme involve hedgerow maintenance. Farmers will find themselves in a catch-22 if they cannot - and many will not - get that maintenance, coppicing or laying of hedges done by 1 March. They will have the question of whether to commit an offence and do it after 1 March or face a situation where they are not compliant with a scheme they have signed up for. Because of the weather, a temporary extension of the 1 March deadline is the only solution to this problem. I hope the Minister of State is a bearer of good news on behalf of the Minister of State, Deputy Noonan. I hope the Minister of State can look favourably on this because there will be a catch down the line in the scheme he so desires and promotes and people will not be able to take some actions they have signed up to because of the deadline.

Deputy Thomas Byrne

I thank the Senator for raising this matter. In Ireland, our relatively low cover of native woodland makes our hedgerows exceptionally important for biodiversity. Hedgerows provide botanical diversity, as well as food and shelter for animals, most notably birds. They also act as corridors that connect habitats. They are a vital part of our biodiversity infrastructure. In general, untrimmed thorn hedgerows containing shrubs such as blackthorn, whitethorn, holly, briars and brambles are favoured by birds as they provide protection from predators. Many of Ireland's breeding birds are originally woodland birds and, especially in areas of low woodland cover, are dependent on hedgerows.

As the Senator is aware, Ireland has obligations under the European Union birds directive and the Wildlife Acts to ensure our birds and habitats are adequately protected. Under the directive, member states are required to preserve, maintain or re-establish sufficient diversity and area of habitats for all bird species. For these reasons, hedgerows are provided with specific protection under the Wildlife Act 1976. Under section 40 of the Act, there is a prohibition on the cutting of vegetation and hedges, with strict limited exceptions, from 1 March to 31 August. The current closed period is based primarily on the generally recognised nesting and breeding period for wild birds. There is provision in the legislation for certain limited exceptions in respect of cutting vegetation in the ordinary course of agriculture or forestry or for health and safety reasons, the destruction of noxious weeds and cutting roadside hedges for road safety reasons.

Senator Paul Daly

I appreciate the answer the Minister of State was provided with. He mentioned limited exceptions, which I know includes roadside safety. If there is a safety issue, hedges can be trimmed during the off-season. He also mentioned, and it is in the Wildlife Act, that one of the limited exceptions is "in the ordinary course of agriculture". I ask the Minister of State to get back to the Department of Environment, Climate and Communications and ask that the Minister of State, Deputy Noonan, come back to me and clarify if that will qualify people in the situation I mentioned of being unable to complete their ACRES conditions. "[I]n the ordinary course of agriculture" to me would fit that bill. If so, we need clarification on how those farmers would get permission under that exception and who they would inform if they have to do that work post 1 March. Clarity on that would be helpful to everybody concerned. While I have read that Act and those exceptions, it does not go on to say how to enact the exceptions. We all know you cannot just go out and do it. Neighbours and people passing will know it is out of season and will not know of the limited exceptions. I presume there is a system whereby you inform somebody or get permission to do it outside of season.

Deputy Thomas Byrne

I understand the points raised by the Senator and his sincere motivations in this regard but the legal position is that the dates are set out in primary legislation and the Minister for Housing, Local Government and Heritage has no power or discretion to vary them. The dates can only be altered by primary legislation enacted by the Oireachtas. I will take up the specific point the Deputy raised with the Minister.

The Senator may be aware that the National Parks and Wildlife Service is currently undertaking a project to review and update wildlife legislation. This is an extensive review and a multiyear project. It will examine closely the effectiveness of our legislation in protecting wildlife and regulating activities that adversely impact wildlife and biodiversity. A public consultation will be held later this year and this may be something the Senator wishes to raise as part of that review.

Acting Chairperson (Senator Eugene Murphy)

It is a huge issue. In my part of the country, the land is saturated.

Gabhaim buíochas leis na Seanadóirí agus na hAirí Stáit, as well as the staff around the House and ushers. As always, it is nice to have the co-operation of everybody around us because it makes the smooth running of the House possible.

Cuireadh an Seanad ar fionraí ar 10.16 a.m. agus cuireadh tús leis arís ar 10.35 a.m.

Sitting suspended at 10.16 a.m. and resumed at 10.35 a.m.