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Dáil Éireann debate -
Thursday, 7 Feb 1974

Vol. 270 No. 2

Ceisteanna—Questions. Oral Answers. - Preservation of Trees.

75.

asked the Minister for Local Government if he will consider updating the Local Government (Planning and Development) Act, 1963 with a view to the preservation of trees.

76.

asked the Minister for Local Government if he will consider making tree preservation orders less cumbersome.

77.

asked the Minister for Local Government if he will take steps to prevent local authorities from being involved in expense should they make a tree preservation order.

I propose with your permission, a Cheann Comhairle, to take Questions Nos. 75, 76 and 77 together.

Proposals to amend the Local Government (Planning and Development) Act, 1963, fall to be dealt with in the Local Government (Planning and Development) Bill, 1973. It is not appropriate to give in advance details of the provisions that will appear in the Bill. However, I would remind the Deputy that a model order for use in making tree preservation orders is available and that local authorities have not indicated that the form of the order has been a problem for them. Also, I would remind him that under section 45 of the 1963 Act no compensation is payable in respect of a preservation order relating to trees which are not comprised in woodlands and which are of special amenity value or of special interest.

The Minister is probably aware that An Taisce issued a report recently on this subject and these observations are from the report. Will the Minister consider these proposals when the new Bill is being drafted?

I am not telling the Deputy any secrets when I say I have considered them. I am as interested as anyone else in the country, including the Deputy, about having this matter dealt with.

I accept the Minister's word. Can he tell us when we will have the Bill?

Some time in this session. I hope to get it through in this session as I do not think it will be contentious.

The Minister should by now have stopped saying "in this session."

Deputy Molloy opposed his own Bill, as he said himself today, and would not let the Final Stages be taken. What can we expect here?

That is funny. We have been promised legislation on building societies but we have not seen it.

Is the Minister promising the House that there will be new provisions in the Bill with regard to the preservation of trees?

I can assure the Deputy trees will be especially mentioned.

In making his new proposals, would the Minister advert to something which he said by way of reply, namely, that so far as he was aware local authorities did not find anything defective in the existing provisions? One does not quarrel with that, but most of us would find a reluctance on the part of local authorities to avail of existing provisions or to take any action under them. In his new provisions, would the Minister keep that fact in mind and, perhaps, consider placing some positive obligation on local authorities to be more active in this area?

I am aware that what Deputy Haughey has said is correct. He can be assured I have an active interest in the question of the preservation of trees. I would appeal to members of local authorities in the meantime to use the powers they have.

It is very difficult to activate local authorities.

No, I have great respect for members of local authorities. If they are asked to do something I think they will do it.

It may be a question of getting the officials concerned to do it.

It is up to the local authority members. That is why they are elected.

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