asked the Minister for Defence if he will state whether any restrictions exist on the cutting of trees as the result of any Order of his; and, if so, if he will state the authority for such restrictions and their purpose.
Ceisteanna—Questions. Oral Answers. - Felling of Trees.
asked the Minister for Defence it he will state the reason why Emergency Powers Order (No. 169), 1942, which prohibits the felling of trees growing within 30 feet of any road, has not yet been revoked; and what action, if any, he proposes to take to have this Order revoked.
I propose to take Questions Nos. 35 and 36 together.
The Emergency Powers (No. 169) Order, 1942, as amended, prohibits, except in certain specified cases, the cutting down or uprooting of or the removal of branches from any trees standing not more than 30 feet from the centre of any road. It also empowers certain commanding officers of the Defence Forces to issue notices in their areas prohibiting the cutting down or uprooting of or removal of branches from any trees standing more than 30 feet from the centre of any road. The Order and the amending Order were made by the Government for military reasons. They remain in force but all notices served by commanding officers with regard to trees standing more than 30 feet from the centre of a road have been withdrawn.
I am not yet in a position to say when the Order will be revoked. Consideration is, in fact, at present being given to the question of whether the provisions of the Order relating to roadside trees should be incorporated in permanent legislation. The extensive felling of roadside trees created a serious military problem prior to the making of the Order and that fact has to be borne in mind in relation to the future. It may be possible to achieve the desired result otherwise than by the retention of the provisions of the Order in permanent legislation. As I have said, the matter is under consideration and a decision will be taken at the earliest possible date. It is not proposed, in the meantime, to revoke the Order.
Will the Minister say what are the military considerations that require that trees, within 30 yards of the road, should not be cut at present?
I think the reasons are very obvious.
What are they?
They provide cover for convoys moving along the road, and, in certain circumstances, might very reasonably be the cause of the saving of thousands of lives in war conditions.
Will the Minister, in consideration of what he appreciates to be the problem there, say if there is any reason why, because of that, the Government should practically commandeer the property of persons in the shape of trees growing on their land within 30 yards of the road? Does he not realise that that is commandeering property?
I do not realise that at all. I realise that the prohibition in question might very well be the means of saving the lives of thousands of citizens who might very reasonably have become soldiers.
Does the Minister realise that he is now adopting a particularly new type of policy if he makes the claim that, because trees are growing on land within 30 yards of the road, they are not to be cut because of possible military necessity? Does he not realise that these trees are on private property and that they can only be made use of by cutting as they are required? Does he realise that what he is doing is commandeering private property?
Is the Minister not aware that the Minister for Industry and Commerce has made an appeal for the felling of timber for use in constructional work? Will he not agree that timber that could be used for constructional work should be felled? Does he seriously think this country is still in danger of invasion, and what useful purpose does he think this timber would serve in connection with atomic air raids?
It would provide the raw material for bows and arrows.
Is the Minister aware that the Minister for Local Government and Public Health can, with the consent of a local authority, order the cutting of trees along a road? Did he consult the Minister for Local Government before making the statement he has made to-day, that he has taken this particular power?
All the appropriate Departments were consulted.