SEANAD ÉIREANN AN BILLE FORAOISEACHTA (FORÁLACHA ILGHNÉITHEACHA), 2020 FORESTRY (MISCELLANEOUS PROVISIONS) BILL 2020 LEASUITHE COISTE COMMITTEE AMENDMENTS [No. 32 of 2020] [25 September, 2020] SEANAD ÉIREANN AN BILLE FORAOISEACHTA (FORÁLACHA ILGHNÉITHEACHA), 2020 —AN COISTE FORESTRY (MISCELLANEOUS PROVISIONS) BILL 2020 —COMMITTEE STAGE Leasuithe Amendments *Government amendments are denoted by an asterisk SECTION 2 1. In page 3, line 26, after “Oireachtas.” to insert the following: “A copy of the report will at the same time be made available to the public on the Government of Ireland website and the Government Publications Office.”. —Senators David Norris, Gerard P. Craughwell. 2. In page 4, between lines 2 and 3, to insert the following: “(7) The chairperson of the Forestry Appeals Committee shall make available to the public an annual report on the Committee’s activities.”.”. —Senators Alice-Mary Higgins, Victor Boyhan. SECTION 3 3. In page 4, between lines 11 and 12, to insert the following: “(1C) The Minister, in making appointments to the Forestry Appeals Committee, shall consider the skills and experience necessary to undertake appeals of forestry licenses, and shall ensure it has members with experience and skills particularly in respect of biodiversity, water quality, climate change, and environmental legislation.”,”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 4. In page 4, between lines 11 and 12, to insert the following: “(1C) The Minister shall not appoint officers from the Minister’s Department or from the Government to the Forestry Appeals Committee, in order to ensure the independence of the Forestry Appeals Committee in reviewing mechanisms for licensing decisions taken by the Minister.”,”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. [No. 32 of 2020] [25 September, 2020] [SECTION 3] 5. In page 4, between lines 11 and 12, to insert the following: “(1C) (a) The Minister shall establish panels of expert bodies to propose nominees for appointment as members of the Forestry Appeals Committee, similar to the panels used to appoint members of the Board of An Bord Pleanála who determine appeals in planning matters. (b) Such panels should comprise input from expert bodies and agencies such as the Environmental Protection Agency, the National Parks and Wildlife Service, An Taisce: the National Trust for Ireland, the Environmental Pillar and the Heritage Council. (c) The Minister shall consider the nominees proposed in making appointments to the Forestry Appeals Committee.”,”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 6. In page 4, between lines 11 and 12, to insert the following: “(1C) An officer of the Minister may not be appointed to serve as Chairperson of the Forestry Appeals Committee.”,”. —Senators Alice-Mary Higgins, Victor Boyhan. 7. In page 4, between lines 11 and 12, to insert the following: “(1C) An officer of the Minister or person with financial interests in forestry may not be appointed to serve as Chairperson of the Forestry Appeals Committee.”,”. —Senators Alice-Mary Higgins, Victor Boyhan. 8. In page 4, line 13, after “ “(2A)” to insert “For a period of twelve months after the passing of this Act,”. —Senators Alice-Mary Higgins, Victor Boyhan. 9. In page 4, line 29, after “functions” to insert the following: “, and so the Minister shall not appoint an officer of the Department or of another Government Department to the Forestry Appeals Committee”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 2 [SECTION 3] 10. In page 4, between lines 29 and 30, to insert the following: “(2G) Notwithstanding anything in this section, the Minister shall ensure any and all divisions of the Forestry Appeals Committee organised to hear any appeal, include members with skills and expertise particularly in the fields of biodiversity, water quality, climate change, and environmental legislation.”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 11. In page 4, line 38, to delete “28 days” and substitute “60 days”. —Senators Victor Boyhan, Alice-Mary Higgins. 12. In page 4, line 38, to delete “28 days” and substitute “42 days”. —Senators Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 13. In page 4, lines 38 and 39, to delete “beginning on the date of the decision” and substitute “from the notification of the decision”. —Senators Alice-Mary Higgins, Victor Boyhan. 14. In page 4, line 39, after “the” where it secondly occurs to insert “notification of the”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 15. In page 5, to delete lines 1 to 6. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 16. In page 5, to delete lines 1 to 6 and substitute the following: “(b) The Minister may, having regard to the public interest and fairness of procedures, prescribe a period which is longer than the period specified in paragraph (a), in order to ensure wide access to the appeal mechanism of the Forestry Appeals Committee, and in light of the cumulative effect of decisions of the Minister on the burden of the public in engaging with the review mechanism.”,”. —Senators Victor Boyhan, Alice-Mary Higgins. 17. In page 5, to delete lines 1 to 6 and substitute the following: “(b) The measures in paragraph (a) may not take effect before the completion of an online portal referenced in section 14E(1)(l). (c) The Minister may, having regard to the public interest and fairness of procedures, prescribe a period which is longer than the period specified in paragraph (a), in order to ensure wide access to the appeal mechanism of the Forestry Appeals Committee, and in light of the cumulative effect of decisions of the Minister on the burden 3 [SECTION 3] of the public in engaging with the review mechanism.”,”. —Senators Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 18. In page 5, lines 1 to 6, to delete all words from and including “in” in line 1 down to and including “(a).” in line 6 and substitute the following: “, prescribe a period which shall not be less than 28 days to be a period longer than referred to in paragraph (a), within which an appeal may be brought under that paragraph (a).”. —Senators Alice-Mary Higgins, Victor Boyhan. 19. In page 5, to delete lines 7 and 8 and substitute the following: “(e) by the substitution of the following for subsection (6): “(6) The decisions of the Forestry Appeals Committee can be subject to judicial review in the High Court.”.”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 20. In page 5, to delete lines 7 and 8 and substitute the following: “(e) by the substitution of the following for subsection (6): “(6) The decisions of the Forestry Appeals Committee shall be subject to judicial review in the High Court, and such judicial review proceedings will provide for no lesser cost protection than is envisaged for applicants under section 3 of the Environment (Miscellaneous Provisions) Act 2011, in order to ensure wide access to justice.”.”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 21. In page 5, to delete lines 7 and 8. —Senators Lynn Ruane, Alice-Mary Higgins. SECTION 4 22. In page 5, line 20, after “Committee.” to insert the following: “Any such regulations have to be consistent with providing for fairness of procedures and in providing wide access to the appeal mechanism of the Forestry Appeals Committee.”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 23. In page 5, to delete lines 21 to 23. —Senators Alice-Mary Higgins, Victor Boyhan. 4 [SECTION 4] 24. In page 5, line 22, to delete “as it considers appropriate” and substitute “as are appropriate”. —Senators Alice-Mary Higgins, Victor Boyhan. 25. In page 5, line 23, after “Committee.” to insert the following: “Any such rules have to be consistent with providing for fairness of procedures and in providing wide access to the review mechanism of the Forestry Appeals Committee.”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 26. In page 5, line 23, after “Committee.” to insert the following: “Such rules may not set limits to the rights of persons or categories of persons or entities to make an appeal.”. —Senators Alice-Mary Higgins, Victor Boyhan. 27. In page 5, line 23, after “Committee.” to insert the following: “Such rules may not set limits to the rights of persons or categories of persons or entities to make an appeal nor create obstacles to the vindication of those rights.”. —Senators Alice-Mary Higgins, Victor Boyhan. 28. In page 5, between lines 23 and 24, to insert the following: “(2A) Rules made by the Forestry Appeals Committee under subsection (2) may not include any measures which exclude a person or category of person from making an appeal.”. —Senators Alice-Mary Higgins, Lynn Ruane, Victor Boyhan. 29. In page 5, line 26, after “appeal.” to insert the following: “Any such directions have to be consistent with providing for fairness of procedures and in providing wide access to the review mechanism of the Forestry Appeals Committee.”. —Senators Victor Boyhan, Alice-Mary Higgins, Lynn Boylan, Paul Gavan, Elisha McCallion, Niall Ó Donnghaile, Fintan Warfield. 30. In page 5, line 26, after “appeal.” to insert the following: “Such direction may not set limits to the rights of all persons or categories of persons to make an appeal nor create obstacles to the vindication of those rights.”.