DÁIL ÉIREANN AN BILLE FORAOISEACHTA (FORÁLACHA ILGHNÉITHEACHA), 2020 FORESTRY (MISCELLANEOUS PROVISIONS) BILL 2020 LEASUITHE COISTE COMMITTEE AMENDMENTS [No. 32a of 2020] [29 September, 2020] DÁIL ÉIREANN AN BILLE FORAOISEACHTA (FORÁLACHA ILGHNÉITHEACHA), 2020 —ROGHCHOISTE FORESTRY (MISCELLANEOUS PROVISIONS) BILL 2020 —SELECT COMMITTEE Leasuithe Amendments SECTION 2 1. In page 4, between lines 5 and 6, to insert the following: “(7) The Forestry Appeals Committee would give their decision on an appeal within eight weeks of receipt or, in the case of an oral hearing taking place, the decision would be four weeks after oral hearing date.”.”. —Michael Fitzmaurice. 2. In page 4, between lines 5 and 6, 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.”.”. —Holly Cairns. 3. In page 4, between lines 5 and 6, 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, including in particular details on the following for the year in question: (a) the number of appeals made; (b) the number of licensing decisions varied on appeal; (c) the number of licensing decisions unchanged following appeal; (d) as appropriate, a detailed breakdown on the treatment of fees and handling of fees and any refunds arising; (e) the numbers of appeal decisions challenged in the courts and a summary of the outcome from such proceedings; (f) a summary of the main grounds for appeal; (g) as appropriate, the number of screenings for environmental impact assessment undertaken and the number of environmental impact [No. 32a of 2020] [29 September, 2020] [SECTION 2] assessments subsequently undertaken by the Forestry Appeals Committee, where the environmental impact assessment is as defined in section 14B and Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014; (h) as appropriate, the number of screenings for appropriate assessment undertaken and the number of appropriate assessments subsequently undertaken by the Forestry Appeals Committee where Appropriate Assessment is as defined in section 14B or has the meaning given to it by the European Communities (Birds and Natural Habitats) Regulations 2011.”.”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 4. In page 4, between lines 5 and 6, 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, including details of the following for the year in question: (a) the number of appeals made; (b) the number of licensing decisions varied on appeal; (c) the number of licensing decisions unchanged following appeal; (d) as appropriate, detailed breakdown on the treatment of fees and handling of fees and any refunds arising; (e) the number of appeal decisions challenged in the courts and a summary of the outcome from such proceedings; (f) a summary of the main grounds for appeal.”.”. —Catherine Connolly, Thomas Pringle. SECTION 3 5. In page 4, between lines 14 and 15, 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 licences and shall ensure it has members with experience and skills particularly in respect of: biodiversity, water quality, climate change and environmental legislation.”,”. —Holly Cairns, Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Matt Carthy, Catherine Connolly, Thomas Pringle. 6. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister shall establish panels of expert bodies to propose nominees for inclusion of the members of the Forestry Appeals Committee, similar to the panels used to appoint members of the 2 [SECTION 3] Board of An Bord Pleanála who determine appeals in Planning matters.”,”. —Holly Cairns, 7. In page 4, between lines 14 and 15, 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 as an appeal mechanism for licencing decisions taken by the Minister,”,”. —Holly Cairns, Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 8. In page 4, between lines 14 and 15, to insert the following: “(1C) Within 6 months of the coming into operation of this Act, the Minister shall provide a report to the Oireachtas on the composition and appointments to the Forestry Appeals Committee, how the independence of the Forestry Appeals Committee could be improved, how the role of the Minister in appointing members of the Forestry Appeals Committee to oversee appeals on decisions made by the Minister might be changed and, as appropriate, outlining any legislative changes required to give effect to such proposals.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 9. In page 4, between lines 14 and 15, 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.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 10. In page 4, between lines 14 and 15, to insert the following: “(1C) The Minister, in making appointments to the Forestry Appeals Committee shall consider the skills and experience required to undertake appeals of forestry licences and shall ensure its Members have these skills, particularly in respect of environmental legislation.”,”. —Marian Harkin. 3 [SECTION 3] 11. In page 4, between lines 14 and 15, to insert the following: “(1C) (a) The Minister shall establish panels of expert bodies to propose nominees for inclusion as members of the Forestry Appeals Committee. (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, the Heritage Council. (c) The Minister shall consider the nominees proposed in making appointments to the Forestry Appeals Committee.”,”. —Catherine Connolly, Thomas Pringle. 12. In page 4, between lines 14 and 15, to insert the following: “(1C) Within 6 months of the coming into operation of this Act, the Minister shall provide a report to the Oireachtas on the composition and appointments to the Forestry Appeals Committee.”,”. —Catherine Connolly, Thomas Pringle. 13. In page 4, between lines 14 and 15, 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.”,”. —Catherine Connolly, Thomas Pringle. 14. In page 4, line 16, after “ “(2A)” to insert “For a period of twelve months after the passing of this Act,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 15. In page 4, line 32, 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”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry. 16. In page 4, between lines 32 and 33, 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.”,”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 4 [SECTION 3] 17. In page 4, line 38, after “where a” to insert “relevant”. —Denis Naughten, Michael Lowry, Cathal Berry, Sean Canney, Peter Fitzpatrick, Noel Grealish, Verona Murphy, Matt Shanahan, Peadar Toibín. 18. In page 5, line 1, to delete “28 days” and substitute “14 days”. —Michael Collins, Danny Healy-Rae, Michael J. Healy-Rae, Mattie McGrath, Carol Nolan, Richard O'Donoghue. 19. In page 5, line 1, to delete “28 days” and substitute “60 days”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Catherine Connolly, Thomas Pringle. 20. In page 5, line 1, to delete “28 days” and substitute “42 days”. —Matt Carthy. 21. In page 5, lines 1 and 2, to delete “beginning on the date” and substitute “from the notification”. —Holly Cairns. 22. In page 5, line 2, after “the”, where it secondly occurs, to insert “notification of the”. —Richard Boyd Barrett, Bríd Smith, Gino Kenny, Paul Murphy, Mick Barry, Matt Carthy, Catherine Connolly, Thomas Pringle. 23. In page 5, between lines 3 and 4, to insert the following: “(b) Each of the following is a relevant person: (i) a person who makes an application for a licence, approval, or entry in a register under