Sean Barrett (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Hayes, to the House and thank him for his opening contribution. I agree with Thomas Pakenham that we live with trees and that they are our neighbours. I would propose greater protection of them than is provided for in particular parts of this Bill. For example, section 19 provides for the felling of trees and section 20 provides for the powers of the Minister in this regard in respect of persons caught doing so. I would provide greater powers under section 20 than section 19. However, I will come back to this later.

I am concerned about ash dieback disease, which was a major issue for the Minister of State's predecessor, the late Shane McEntee. The problems we experienced in this regard were in part the result of our importing ash into this country because we did not have enough of it here, which imported ash was contaminated. I would have expected the GAA and forestry authorities to have made a better job of anticipating the demand for ash in this country. As I recall it, according to the late Minister of State, Shane McEntee, the ash dieback problem here originated from imported ash products. Perhaps the Minister of State, Deputy Hayes, would update us on progress in this area. In my view, the late Minister of State, Shane McEntee had more hope than confidence that future such problems could be averted. The late Sir Horace Plunkett was a Senator and first secretary of the Minister of State's Department prior to the setting of the State, at which time there was much interest in development issues.

I am concerned also about the amount of sitka spruce that we have been growing for a long time. Will it ever realise much in the way of value added? If we had planted much more valuable varieties in the late 1940s when the late Sean McBride was moving on the big forestry targets, would we now have a much better resource? We seem to grow a lot of low value trees. I regard leylandii as a tree species that should be banned in this country. It is a blot on the landscape everywhere. I am concerned, too, about the rhododendrons in Killarney. I am sure that like me the Minister of State has received e-mails from botanists expressing the view that if we do not address the spread of rhododendrons, indigenous trees such as the arbutus, an indigenous Irish tree, and the oak will be destroyed.

Some cleared forests are like a lunar landscape. I welcome the provisions provided for in this regard in the legislation. However, during a visit to Wicklow I noted that there are many tree stumps there. When harvesting a crop farmers prepare the land for the next year. Why, at a time when we are trying to promote tourism into the country, is there a delay between taking the first crop and planting the second crop, which results in an unattractive landscape?

In terms of the Minister of State's plan for this area, there is a need for consideration of the educational aspects of this sector. We used to have relevant educational facilities in Kinnity, Avondale and the John Kells-Ingram farm near Slane, which was attached to the agriculture school in Trinity College where previously Professor Lawrence Roche worked and where Frank Confrey is currently doing work. Are the necessary educational facilities to provide the required labour force in respect of the Minister of State's development plans available? The Minister of State might also address the media concern around the issue of pay in respect of the chief executive of Coillte. On recreation, reference has been already made to the 18 million visits. People who live near Donadea would like to pass on to the forester in charge their appreciation of that valued amenity.

The Minister of State said in his speech that under Part 2, section 5, forests are properly managed and protected from harmful pests, diseases and invasive species, which begs the question of how the ash dieback disease got from central Europe to Ireland, why we did not have measures in place to prevent that happening and how much it will cost to address that issue. On section 10 and forest management plans, is it the intention to impose such plans on the managers of private forests or will exemptions be granted to those who can prove that they have been managing their forests well up to now? Perhaps the Minister of State would elaborate on how it is proposed to progress this section.

The Minister of State also said in his speech that forest activities may be restricted in designated areas such as national parks. We need to urgently address the rhododendron issue, which is of concern to many botanists. This issue is also covered by section 10.

On section 14, which deals with vegetation and fires, is it not possible to impose fines on the people who cause the fires, which as stated by the Minister of State in his speech, cost millions of euro of damage? Is there a liability in law in respect of a person who starts a fire which results in substantial damage to other people's property? If not, that is a moral hazard problem. While I acknowledge the need to provide for tidying up afterwards, providing in law that a person who sets fire to another persons property will have to meet the cost of putting things right, would be the correct thing to do.

On the single felling licence and that unlicensed felling is be an offence with penalties of €200 for every tree removed, I wonder is that €200 enough. If one removes a tree, it will take 20 or 30 years to replace. There is no point in planting a few saplings. One destroys a view or amenity, and it could take 20 or 30 years before it is restored. Should there be a lasting penalty, not only the replacement of a tree with a sapling.
We paid tribute to the late former Senator Edward Haughey earlier. In his village, Kilcurry, a 200 year old sycamore was defended by the locals against Louth County Council and it is now a valuable part of that amenity. In this regard, it might be a model. Is the forest estate protected?
Section 19 removes exemptions to the requirement for a felling licence and it is draconian. The Minister should look where we are, in Merrion Square. The section removes exemptions from all trees in an urban area. I refer to cities such as Brussels where the forest goes right into the city. If section 19 were implemented without the controls in section 20, the Phoenix Park, St. Stephen's Green and trees along roads all would be endangered. I would not like to give any consolation to those who knock down trees that they have carte blancheto do so under section 19. The exemptions to the felling licence requirement include all trees within an urban area. Trees are part of the urban environment. They enhance it. Not to protect trees brings me to the kind of building there was in the boom era in Ireland where the landscape was completely flattened. Let us keep trees because they enhance the value of the environment for the children who will eventually live in those houses.
The exemption also includes trees within 10 metres of a public road posing a danger to road users. Such trees also insulate properties against noise from roads. I seek a balance in that regard, and not to give carte blancheto engineers to start knocking them.
Deputy Tom Hayes stated the Bill enables some prohibitions but it is not good enough the way in suburban estates in the Dublin area old houses are bought and everything is levelled to fit in as many houses as possible with them stating they will plant a few saplings and in 20 or 30 years nobody will know the difference. The inherited trees are part of our heritage and we should protect them. I would hate to see any threat to the Botanic Gardens, old estates, urban areas, amenity areas, etc.
A replanting order is not good enough. One will never replant adequately, for example, when one knocks down an old oak. As I stated, it will take 20 or 30 years before one would restore the amenity. I would look hard on that. Could the Department Google to see where all the trees are and then protect them and make it difficult under section 20 to get those exemptions?
I mentioned replanting the areas. The €200 fine for damaging or removing a tree is too low.
The measures to prevent the entry into the State and to control pests are important and I support the Minister of State on them.
I thank the Acting Chairman, Senator van Turnhout, for her indulgence and thank Deputy Tom Hayes for listening. This is a major piece of legislation. I note, as other Senators stated, that the Minister of State took in lots of suggestions from the Dáil. I wish him good luck. When I pass Dundrum, between Dublin and Cork, I know there is a Tipperary man in charge of the forest and that is reassuring.