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Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: Of course, but he must go to the trouble of obtaining a licence to do so. Section 18 deals with exempted trees. Subsection (1)(m) applies to trees outside a forest, whereas I believe it should apply to trees inside a forest . The provision in section 18(1)(m)(iii) should be changed to specify 25 cu. m. rather than 15 cu. m. That would enable people who are active farmers to use their...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: Are there many landscape conservation areas? I suspect not, and I suspect the practice varies widely from one local authority to another. Local authorities may have a number of landscape conservation areas while county councils may only have a few. That is not because the landscape in one council is more worthy of protection than another but is due merely to practice. What happens in...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: I appreciate his doing so. I have a problem with the stipulation that trees must be less than 3 cu. m. The law must be discernible and the average punter walking down the street must be able to know whether he is law-abiding. I have discussed the matter with the Minister's officials and I disagree with their views. When I look at a tree I have no idea whether it is 3 cu. m. even though I...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: I do not know whether Deputy Pringle is one either. Let me make a serious point. Can the average landowner look at a tree and know whether or not it is 3 cu. m? I do not think so. As the law is formulated at present, I do not think that the average landowner can determine whether he or she is acting within the law. If an average person cannot discern that then the law is an ass....

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: Only after cutting down a tree.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: One can only know that information after a tree has been cut down. What happens if there is too much timber for a 10 ft. by 6 ft. trailer? If there is, then that means one has broken the law and the inspector will be able to say that the tree was 3.2 cu. m. and not 2.9 cu. m.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: Why not refer to the diameter of the tree? That would mean anyone could use a measuring tape to make his or her calculation.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: Can Deputy Ó Cuív share the formula with us? I am afraid I do not know the formula.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: I want to pick up on something the Minister of State said, which makes a lot of sense. He said that good practice requires the retention of individual trees and hedgerows, and that is reflected in section 18(1)(m)(v) which states: "in a hedgerow and felled for the purposes of its trimming, provided that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: This issue might be looked at before Report Stage.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: It is not clear.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: One can only put down a Report Stage amendment if it has been raised on Committee Stage. That is why I wanted to raise the matter explicitly now. Having raised it, I can put down an amendment.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: Regarding distance from a road, the 1946 Act already provides that where a notice is issued, one can cut down a tree. It is a necessary provision. The Bill proposes that no felling licence would be required where in the opinion of the planning authority a tree is dangerous on account of its age, condition or location. That is very sensible. There is a further provision that no felling...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: The Minister of State said it is important that landowners be able to cut down trees which are dangerous because of their age and condition. I could not possibly argue with that. This section, however, does not facilitate landowners to cut down trees which are dangerous because of their age or condition; it facilitates them to cut down all trees within 10 metres of a public road whether...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: As was I.

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: May I-----

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: It is a whole new section. Do we just discuss it as an amendment or can we discuss-----

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: I appreciate the latitude. Would the Minister consider changing section 18(1) to specify a period of three months beginning on the date of receipt by the Minister of the application? Section 18(2) states:Where it appears to the Minister that it would not be possible or appropriate, because of the particular circumstances of a felling licence application or because of the number of such...

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: I believe I am required to raise that here in order to table an amendment on Report Stage. Will the Chairman allow me to read it out for the rules and procedures?

Select Committee on Agriculture, Food and the Marine: Forestry Bill 2013: Committee Stage (Resumed) (6 Mar 2014)

Michael McNamara: I appreciate that.

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