Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 120 and 121 together.

I am aware that as ash dieback disease progresses nationally and within individual ash plantations, the potential health and safety risks associated with forest plantations, roadside and parkland ash trees will become an issue of increasing importance for landowners, workers and visitors.

My Department does not have responsibility for the removal of roadside trees or for private homeowners living in the countryside with ash trees in their rural gardens. As with any other health and safety matter, site-specific issues together with any measures, including any risk assessments required, are in the first instance the responsibility of the individual landowner.

In relation to roadside trees, my colleague, Eamon Ryan, Minister for Transport has previously stated that Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with the safe use of a public road or the maintenance of a public road. He further stated that this responsibility includes the preservation, felling, cutting, lopping, trimming or removal of any such tree, shrub, hedge or other vegetation' in question. It is thus advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this.

The implementation of the legislation on the management or removal of dangerous roadside trees is the responsibility of the local authority, in its capacity as the relevant road authority. Trees outside of a forest may, subject to certain conditions, be felled without a felling licence, where it is dangerous to persons using the public road on account of its age or condition.

However, my Department, last year, published guidance on the subject of roadside trees - “A Guide for Landowners to Managing Roadside Trees”. This publication provides information on how to identify trees that have ash dieback and outlines specific issues related to health and safety in tree work. It also gives practical guidance to those working with chainsaws taking out hazardous trees.

My Department produced this publication in partnership with the Tree Council of Ireland and can be found on my Departments website at: gov.ie - A Guide for Landowners to Managing Roadside Trees (www.gov.ie)