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Hedge Cutting

Dáil Éireann Debate, Wednesday - 22 July 2020

Wednesday, 22 July 2020

Ceisteanna (17)

Denis Naughten

Ceist:

17. Deputy Denis Naughten asked the Minister for Culture, Heritage and the Gaeltacht her plans to enhance hedge-cutting during winter 2020-2021; and if she will make a statement on the matter. [17116/20]

Amharc ar fhreagra

Freagraí ó Béal (6 píosaí cainte)

The Minister is aware that the ban on hedge cutting applies from 1 March to 31 August. At long last, on 1 March next year we are going to have high-speed broadband outside people's homes. As a basic offering, they are going to be offered 500 Mbps. Next March, I do not want people to be refused access to broadband because they are prohibited from trimming back hedges or cutting trees to access it.

I am responsible for questions under the heritage remit. Hedgerows are very important wildlife habits, providing food, shelter, corridors of movement, nesting and hibernation sites for many of our native flora and fauna. There are approximately 400,000 km of hedges in this country. In general, it is permissible to cut hedges during the winter period mentioned in the question. While under section 40 of the Wildlife Act 1976, as amended, there are restrictions on cutting, grubbing, burning or destruction of vegetation from 1 March to 31 August, this prohibition does not apply from 1 September to 28 February of the following year. Even during the closed period between March and August, there is provision in the legislation for some restricted exemptions from this prohibition. For example, there are exemptions for works undertaken in the ordinary course of agriculture, forestry and for road safety reasons.

Section 7 of the Heritage Act included a limited power to make regulations for a period of two years after the passing of the Act to allow cutting of roadside hedges during the month of August, subject to conditions. That provision has now lapsed and it is not the intention to seek to renew it. In July last year my predecessor announced that she would not be proceeding with the making of regulations for August of that year. The decision recognised the increased threats to biodiversity nationally and globally and followed a number of Government initiatives to protect and nurture Ireland's flora and fauna and a Dáil declaration on a climate and biodiversity emergency.

At the time there was extensive public debate and engagement by my Department on this matter, including during the national biodiversity conference in Dublin last year, hosted together with the Irish Forum on Natural Capital. Arising from the conference, the Seeds for Nature initiative was launched, which comprised a range of initiatives for nature and biodiversity. In addition, there was a wide public consultation on the Heritage Ireland 2030 plan, debates in the Dáil on biodiversity loss and extensive engagement across the Government on the climate action plan, including by my Department. The climate action plan made a number of references to the importance of hedgerows.

It is important to underline that the current legislation allows both landowners and public authorities to cut hedges for road safety reasons at any time of the year. Under the roads legislation, landowners are obliged to ensure that a tree, shrub, hedge or any other vegetation is not a hazard for persons using public roads. In addition, local authorities have the legal power to cut roadside hedges for road safety reasons during any month of the year. Therefore, there is no legal obstacle to both landowners and local authorities ensuring that country roads are safe for road users, whether drivers, cyclists or walkers.

I bring the Minister of State back to my original question. This should not come as a surprise to him because I raised it with the senior Minister here in the Chamber two weeks ago and she gave me a commitment that she would bring this directly to the attention of the new Aire Stáit. I will ask him again, as he comes from a rural constituency. On 1 March next year people will have 500 Mbps, high-speed broadband, outside their home. I want to know what he is going to do to ensure that people are not going to be denied access to high-speed broadband. I suggest to the Minister of State, as a solution, to contact National Broadband Ireland to get the specification for the broadband going from the telephone pole on the road into people's homes and to circulate that extensively across rural Ireland so that any hedge trimming or tree cutting takes place between 1 September and 28 February, rather than causing a problem next spring.

I thank the Deputy for the clarification. In relation to hedge cutting and broadband, on 9 July this year during a discussion on the 2020 Revised Estimate for the Department of Culture, Heritage and the Gaeltacht, Deputy Naughten indicated that the roll-out of the national broadband plan could result in a requirement for householders to clear vegetation to facilitate connections. The Minister, Deputy Catherine Martin, has since brought this issue to my attention.

Given the constraints set out in the law on the timing of the cutting of vegetation during the bird-nesting season, it would make perfect sense that any such cutting required to bring broadband into homes would be done in advance during the September to February period when it is permissible to cut. Officials in my Department have since brought this matter to the attention of colleagues in the Department of Communications, Climate Action and Environment and I will ensure that the relevant details on the legislation are brought to the attention of the Department so that arrangements can be made, if necessary.

I am trying to protect the Minister of State's rear end here. He represents a rural constituency, just like my own. Next spring, he is the one who will be blamed when people are denied access to broadband. I ask him to pick up the phone to National Broadband Ireland to find out exactly what the specifications are in terms of bringing fibre cable from the telegraph pole into those homes and to circulate that widely across rural Ireland from 1 September to ensure that people have their hedges cut back and trees trimmed, rather than contacting the Department of Communications, Climate Action and Environment, which will contact National Broadband Ireland, which will then get back to the Department of Communications, Climate Action and Environment. This issue will land on his desk next spring. Let us pre-empt that and resolve this problem. Let us give homeowners the tools to ensure that they can access high-speed broadband once it arrives outside their door.

Deputy Naughten has made a very worthwhile proposal and I will certainly take it back to the Department. It is absolutely right that we protect our hedgerows and that we have taken all due account of the protection of our biodiversity, but broadband is an essential item that must be delivered, through the national broadband plan. My Department will ensure that a line of communication is established and we will do all we can to ensure that as much work as can be done within the permissible period is carried out in a timely manner.

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