Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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139. To ask the Minister for Agriculture, Food and the Marine if there are concerns within his Department regarding health and safety issues regarding rotten ash trees breaking off and falling within plantations; and if he will make a statement on the matter. [19723/23]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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140. To ask the Minister for Agriculture, Food and the Marine if he will immediately and without further bureaucracy or prejudice grant permission to remove rotten ash trees resulting from chalara fraxinea, ash dieback disease affected this year, given the serious health and safety risks associated with same; and if he will make a statement on the matter. [19724/23]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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141. To ask the Minister for Agriculture, Food and the Marine the legal position regarding liability where dead or rotten ash plants within plantations fall causing injury; and if he will make a statement on the matter. [19725/23]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 139 to 141, inclusive, together.

I am well 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.

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. Forestry contractors are well aware of the risks in felling trees and the precautions required and their health and safety responsibilities when working or managing others who work in forests.

The HSA has also provided comprehensive guidance and information notes on this subject, including the following: Chainsaw Felling of Large Trees - IFSG 307 (2018); Mechanical Harvesting - IFSG 603 (2018); Extraction by Forwarder - IFSG 503 (2018); Cross Cutting and Manual Stacking - IFSG 304 (2018); Felling and Manual Takedown - IFSG 302 (2018); Chainsaw Safety Training Advice Information Sheet (2015); and Information on the Health and Safety responsibilities of Forest Land Owners and Managers who intend to fell their trees (2014).

In relation to roadside trees, my colleague, Eamonn 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 dangerous roadside trees is the responsibility of the local authority, in its capacity as the relevant road authority.

Furthermore, my Department, last year, published guidance on the subject of roadside trees - “A Guide for Landowners to Managing Roadside Trees”. This publication, which can be accessed on my Departments website, was produced in partnership with the Tree Council of Ireland and outlines specific issues related to health and safety in tree work and gives practical guidance to those working with chainsaws taking out hazardous trees.

As regards the granting of Tree Felling Licences or approvals under the Reconstitution and Underplanting Scheme to allow landowner remove trees and forests affected by ash dieback disease. My Department continues to issue and accept felling licence applications and, to date in 2023, has issued nearly 1,000 felling licences. It is actively working with applicants to finalise any outstanding information required to allow decisions to be made on their applications and I intend to publish a new forestry licensing plan once State Aid for the new Forestry Programme 2023-2027 has been approved by the European Commission.

Pending that approval, my Department early last month also launched an Interim Reconstitution Scheme for Ash-dieback (via General De Minimis) for all applicants with valid technical approval by 31st December 2022 but who had not commenced reconstitution work and who do not wish to wait until the launch of the Forestry Programme 2023–2027. Features of the interim scheme include an enhanced site clearance grant rate and enhanced planting grant rates as per new Forestry Programme 2023-2027. Applicants whose sites are still in premium will continue to receive the premium due for the remaining years and for those in receipt of farmer rate of premium a top up premium equal to the difference between the equivalent Forest Type rate in the new Forestry Programme 2023-2027 and the existing premium rate will be paid.