The Letter or the Spirit of the Law?

Last month the Irish Minister for Heritage, Heather Humphries, decided change the law to extend the season during which burning and cutting hedges and other vegetation will be permitted, despite the protestations of thousands.

HeatherHumphreysMinister_large

 

Heather Humphries. The fake smile is probably because she knows we know she’s not qualified for the job we are paying her for…

Before this, farmers could cut and burn during February, then they had to wait until September to any further work of that nature on their land. This was to protect the wildlife, especially nesting birds.

But this year they can wait until March before burning, or start in August again. Though considered unnecessary by and large, this has happened because some farmers were burning illegally last year – what more elegant solution than to make it legal do conduct such burning?

I watched some of the debate in the Seanad on this legislation. It was frustrating, as well as hilarious at times, as some politicians tried to claim the change was necessary because hedgerows were taking over our country roads and making them impossible to walk – I’d say the speed at which cars travel the roads nowadays might be more important. There are roads I’d never cycle, never mind walk, which I did twenty years ago.

This extension to destruction season comes just as climate change means some birds are breeding earlier nowadays. This year has been an exceptionally mild winter and spring will come soon, and even stopping in March will affect some birdlife.

But though the rules have changed on the insistence and lobbying of some farmers and landowners, it does not mean that fires have to rage this year like they did (illegally) last year.

If the weather is warmer (and perhaps dry – it could happen!) now, then farmers can get their burning done even earlier than they used to. They don’t have to wait until after March just because they can. There is certainly no need to wait to get the hedge cutting done – ti’s something that can be done very quickly nowadays with the machinery available.

hedge_cutter

Hedgecutting in action. You don’t need months to get this done any more, but choose the wrong month and there will be a lot of bird nests getting cut in this particular hedge. Photo from http://www.dublinplanthire.ie

The farmers who care about the land (and there are a lot of them, despite how it sometimes seems) can keep obeying the spirit of the former law, rather than the letter of the new law. The law says we can drive at 100kmph in many places that we don’t even try reach that speed.

We can always do what we think is right, regardless of what the law says we can do. Plenty of anglers release their fish even when they can legally take them home. Some hunters let the fox slink away and just watch it, rather than take a shot, though they could legally shoot that fox, since it’s considered vermin (and would be asked to if the farmer was also watching).

If we are to rewild our lands and our lives, and indeed, keep alive the little bit of wildlife we have left out there, we have to rely on the good will, and good sense, of the majority in the face of the selfishness and, ultimately, as can see with climate change, idiocy of the minority.

In farming as in other matters we need people to do right because that’s the thing to do…. like avoiding paying taxes – if we all avoided paying our taxes like the elites do, every country would come to a halt.

And a majority of people wanted this legislation stopped. A majority of the senators I saw speaking were against it. But those in power pushed it through.

We can only hope that when they are gone from power, soon enough, this legislation can be reversed to rein in those few outliers who don’t give a monkeys about out, and their, environment.

 

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About davidjmobrien

Writer, ecologist and teacher

Posted on February 5, 2016, in Ecology, Equality, rewilding, Uncategorized and tagged , , , , , , , , , , , , , , , , . Bookmark the permalink. 2 Comments.

  1. The government was dissolved this week, so the legislation is in limbo and will be made law if the current party is voted in again – which we hope won’t happen. Meanwhile, you can sign a petition to voice your disapproval of the extension to burning and cutting season at this link…
    https://my.uplift.ie/petitions/no-to-more-slash-and-burn?bucket=&source=twitter-share-button via @UpliftIRL

  1. Pingback: Good News and Bad | David JM O'Brien

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