Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

The information is incorrect.

On amendment No. 22 in the name of Deputy Danny Healy-Rae, I appreciate and welcome his common sense on this issue on an overall basis. There are provisions under section 70 of the Roads Act 1993 which oblige landowners to ensure a tree, shrub, hedge or other vegetation on their land is not a hazard to road safety. In addition, there is a provision which allows a local authority to serve notice on landowners to undertake works such as hedge cutting and clearance for safety purposes along public roads. These provisions apply all year round. Accordingly, I cannot consider the Deputy's amendment to be necessary, but I understand his concern about road safety and the difficulties faced by farmers. However, I am happy that the scenario he describes is covered by section 8.

Amendment No. 23 was tabled by Deputy Maureen O'Sullivan, but she is not present.

Amendment No. 33 in the name of Deputy Peadar Tóibín contains three proposals, each of which I will deal with separately. He proposes to insert a provision into section 40(2) of the Local Government (Planning and Development) Act 1976 to make the notice made by a local authority to a landowner on the cutting of hedges under the Roads Act an exempted activity. Section 8 of the Bill provides for the harmonisation of the Wildlife Acts with the Roads Acts in that the provision contained in section 70(2) of the Roads Act 1993 which obliges landowners to ensure a tree, shrub, hedge or other vegetation on their land is not a hazard to road safety, as I mentioned, will be an exempted activity, as will the provision in section 70(2) which allows a local authority to serve notices on landowners to undertake works such as hedge cutting and clearance for safety purposes along public roads. I must, therefore, oppose that part of the amendment as it is unnecessary.

The second part of amendment No. 33 provides that public bodies would have to notify me, as Minister, of all exempted works undertaken during the period from March to August. I do not consider that it should be mandatory for public bodies to notify me of all such works as that would be an onerous task which could delay the carrying out of urgent work on health and safety grounds. I have existing powers under section 40(3) of the Act to request details of such works from public bodies with a statement of the public health and safety factors involved. These powers have been used on several occasions in recent years. For that reason, I believe my existing powers are sufficient and request that the committee reject the amendment.

The third part of the amendment relates to a proposed amendment to the Roads Act 1993 relating to the placement of structures which may interfere with public roads. These are matters outside the remit of the Bill and more appropriate to my colleague, the Minister for Transport, Tourism and Sport, Deputy Shane Ross. Accordingly, it is not possible for me to accept the amendment.