Eamon Ryan (Dublin South, Green Party)
Link to this: Individually | In context

Question 124: To ask the Minister for Agriculture and Food the reason her Department has not sought a prosecution in the case of an alleged illegal felling of 71 mature native trees (details supplied) in County Galway in late February 2003, despite the fact that Department records obtained under the Freedom of Information Act 1997 indicate that the perpetrators were caught in the act. [12214/06]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

My Department views the illegal felling of trees with the deepest concern and investigates all cases which are reported to it, prosecuting offenders through the courts where the facts of the case support such action. In this instance, my Department carried out an investigation of the alleged offence. Under section 4(3) of the Forestry Act 1946, proceedings for an offence under the Act must be instituted within 12 months of the cause of the complaint. Preparations commenced for the taking of proceedings but due to administrative error, the statutory period elapsed before they could be completed and as a result, no prosecution could be taken in this case. My Department has since introduced procedures to ensure that such errors do not recur. In addition, the question of increasing the statutory period allowed for prosecution of such cases is being examined as part of the review of the forestry legislation which is currently underway.