Frances Black (Independent) | Oireachtas source

So much has been said today. As Senator Marie-Louise O'Donnell said, we have received many letters from different organisations. One letter from Neil Foulkes in County Leitrim sums up everything we are discussing today. It states:

I am writing to you in connection with the proposed changes to the hedge cutting dates contained Section 40 of the Wildlife Act referred to in 8(2) of the Heritage Bill.

I am hedgerow manager and hedgerow consultant with over 25 years experience of working on hedgerows and hedgerow related matters including working with Local Authorities. I have followed the debate in the Seanad and offer these thoughts in the hope that they might add to the ongoing discussions.

There is a lot of genuine and justifiable concern about public health and safety in relation to roadside hedgerows. We talk of 'public health and safety' as though the issues are straightforward, black and white but, as in all things, there are complexities. The risk factors that influence safety issues interact in complex ways and there is no scientific method of defining road safety problems. Obscured signs, reduced visibility at road junctions and encroachment of vegetation are obvious issues, but cutting back all roadside vegetation may be counter productive as there are aspects of hedgerows that contribute to road safety. There needs to be a rational approach to defining and addressing safety issues that recognises the complexities involved. The fact that health and safety issues are not black and white is reflected in the Roads Act whereby a land owner can appeal against a notification from the Roads Authority under Section 70 on the grounds that "the structure (or the use of such structure), tree, shrub, hedge or other vegetation, as the case may be, is not a hazard or potential hazard to persons using a public road or does not obstruct or interfere with the safe use of a public road or the maintenance of a public road, " S70 3 (a) (iii).

Mr. Foulkes continues:

As part of my work I have canvassed roads engineers and found contradictory views expressed on a number of different aspects of road safety related to roadside vegetation. This disparity of opinion indicates the complexities involved and a need for a wider discussion on the subject. In my experience, and I believe that most road engineers would concur, the major problem connected with the excessive growth of roadside vegetation is not landowners who want to cut hedges and cannot. The problem is the landowners who should cut their hedges and do not do so. The changes proposed in the Heritage Bill do nothing to address this situation.

Road engineers are on the front line and based on my feedback from them there is a lack of clarity on the current legislative provision. The amendments proposed to the Bill seek to provide some clarity and are a definite improvement and I was pleased to hear that the Minister agreed in principle with some of what has been put forward. The logical place for dealing with legislative matters in connection with the management of vegetation on public roads is through section 70 of the Roads Act. Trying to cover road safety issues and agricultural issues in one clause, as in this Bill, is a blunt approach that is unlikely to lead to good legislation. At the very least, amendments that separate and deal with the issues individually should be considered. However, given the level of public concern on this matter I would suggest that what is required is a full public consultation on the issue of the management of roadside vegetation so that all of the issues can be taken on board and appropriate and considered mechanisms, including, but not exclusively, legal mechanisms, can be developed and introduced. I have been recommending for a number of years that a task force, involving all key stakeholders, needs to be established to fully address this issue.

The proposed changes to the Wildlife Act contained in the Heritage Bill are a restricted and inadequate attempt at addressing the issue of road safety and, if passed, could result in a false sense of security that the issues have been dealt with. The fact that safety issues can arise at any time of the year but the proposed changes only relate to August shows the fallacy of this position. If this aspect of the Bill goes through as is then the management of roadside hedges probably will be off the legislative agenda. Do we want to see a token measure that probably goes a very little way, if any, beyond the current provision in law in this regard at the expense of a full and considered approach to what is clearly an issue of huge public concern on many grounds?

That is the question this wonderful man, Neil Foulkes, from County Leitrim, has asked. He should be heard today.