Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 15 Jul 1936

Vol. 63 No. 11

Committee on Finance. - Noxious Weeds Bill, 1936—Second Stage.

I move that the Bill be now read a Second Time. The purpose of this Bill is to make the legislation in connection with weeds applicable to the whole of the State. Under the existing legislation there is such a thing as county option; each county council can adopt or can refuse to adopt the legislation, as the case may be. When the Agricultural Seeds and Weeds Act of 1909 was going through the British House of Commons, the Irish Party had this provision inserted; otherwise they were prepared to vote against the Bill and possibly throw out the Government. The provision, anyhow, was inserted, and since then the various counties in this country have either decided to enforce the legislation or not enforce it. There are eight counties in the Saorstát that have not adopted the Act and these eight counties are: Wicklow, Waterford, Cork, Kerry, Clare, Sligo, Leitrim and Cavan.

In the case of a county that has decided to enforce the legislation and that is bordering on a county not enforcing it, it is unfair to the farmers who are trying to eliminate noxious weeds and we desire to rectify that position. The second point brought into this Bill which is not in the existing legislation is that the Civic Guards will help in the inspection work and will report cases where they think farmers are not getting rid of their weeds properly, and they will see that the cases are dealt with. As in the case of the Seeds Act, recently passed, this measure covers the whole code of weeds legislation and repeals the former measure that I have referred to.

I understand that the object of this legislation is to bring in eight counties. I would like to ask the Minister is it intended that the term "noxious weeds" should apply to other than thistles on grass land? Will it apply, for instance, to corn-kale growing in a field of wheat? Will that come within the provisions of this Bill?

Dr. Ryan

Yes. The Minister is quite free to describe any weed as a noxious weed and, therefore, it will come under the provisions of the Act if it is described as a noxious weed.

Is that in the Bill?

Dr. Ryan

Section 2 defines what a noxious weed is.

I got a notification from some Department a couple of days ago in connection with noxious weeds. I always considered them to be thistles, and I always made a fair attempt to comply with the law. I always endeavour to remove weeds, not because of the legislation, but because I think it is only right to do it. Do I understand that the position will be that the Minister can insert in a notice that I or anybody else will be required to destroy noxious weeds, such as corn-kale growing in corn? Is that what the Minister intends to do, or is that what he intends to embody in the legislation? Does he reserve to himself the power at any future date to serve a notice on a particular farmer with regard to a particular noxious weed?

Dr. Ryan

It is not exactly that. The Minister has power to prescribe any weed as a noxious weed for any area. First of all, he would have to make a regulation setting out that such a weed is a noxious weed in a particular area. He would have to do that before he could serve notice on an individual farmer. The Minister would not be empowered to go to a particular farmer and say: "There is a particular weed on your land which I want you to destroy and which I want no other farmer to destroy." It must be general.

That is the point I want to make clear.

Will the Minister say if the regulations describing noxious weeds will be laid before the House?

Dr. Ryan

I do not think so, as the Bill stands, but I have no objection to putting that into the Bill on the Committee Stage.

Question put and agreed to. Bill read a Second Time. Committee Stage fixed for Tuesday, 21st July.
Top
Share