Joanna Tuffy (Dublin Mid West, Labour)
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Question 247: To ask the Minister for the Environment, Heritage and Local Government if his Department has or plans to have guidelines for issuing to local authorities regarding the spraying of herbicides or pesticides, including 2,4,D; and if he will make a statement on the matter. [2633/09]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 248: To ask the Minister for the Environment, Heritage and Local Government if there are plans by his Department to require local authorities to give advance notice to nearby residents prior to any spraying of herbicides or pesticides, including 2,4-D; and if he will make a statement on the matter. [2634/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 247 and 248 together.

Under Section 40 of the Wildlife Acts, the cutting, grubbing, burning or destruction by other means of vegetation growing on uncultivated land or in hedges or ditches is prohibited during the nesting and breeding season for birds and wildlife, from 1 March to 31 August. This is subject to certain specific exceptions. In most instances, it is required by law that work to hedgerows is undertaken outside this period. However, it is accepted that in some cases, trimming may be necessary, during the prohibited period, on grounds of public health and safety, notably when new road hazards are detected that require hedge trimming or vegetation clearance. Local authorities and relevant public bodies are reminded annually of their responsibilities in this regard.

I was seriously concerned in relation to the spraying of road verges in May 2008 by Meath County Council. My Department's National Parks and Wildlife Service has initiated a prosecution under the Wildlife Acts against both Meath County Council and the Company which carried out the spraying for the Council, and I understand that a date for the hearing of the case will be set in March, 2009. Following this incident, my Department issued a circular at the end of May, 2008 reminding all local authorities that extensive, untargeted spraying of road verges with herbicide is, prima facie, an offence under Section 40 of the Wildlife Acts, and it is my policy to prosecute in such cases. The question of advance notice to nearby residents should not therefore arise.