Vol. 371 No. 8
asked the Taoiseach if, in view of the continued felling of the oak woods at Coolattin, County Wicklow, which represents destruction to our national heritage, he will outline the urgent measures he intends taking to secure what is left of the oak trees.
5.
asked the Taoiseach the steps he proposes to take to protect the remains of Coolattin Woods, County Wicklow.
I propose to take Questions Nos. 4 and 5 together. I welcome the Deputies' interest in the preservation of the remaining oak trees at Coolattin and I share their concern about the situation there.
Under the Forestry Act, 1946, it is illegal, subject to specified exceptions, to cut down any trees without first notifying the intention to do so to the Forest and Wildlife Service now at the Department of Energy. In the normal course, any proposed felling is prohibited to allow time for examination, from a silvicultural point of view, by the forestry inspectorate, and, if in order from a silvicultural viewpoint, for referral to the local planning authority for consideration from an amenity viewpoint.
Local authorities who wish to preserve trees on amenity grounds do so by means of a tree preservation order, under the Local Government (Planning and Development) Act, 1963. Where a tree preservation order is in force an application for consent to fell must be made to the local authority, which must then decide on the application under section 45 of the 1963 Act. A felling licence will not be granted by the Department of Energy unless and until the local authority have confirmed that the application is in order.
Coolattin estate, comprising approximately 500 hectares of woodland, 300 hectares of farmland and an historic 18th century mansion was sold to its present owners, Bridgefarm Company Limited, early in 1983. The Forest and Wildlife Service, now at the Department of Energy, have granted four felling licences to the company — and an associated company, Corglass Ltd. — since they acquired the estate.
The first licence, dated December 1983, authorised the thinning of 75 hectares and the clearfelling and replanting of 163 hectares. The areas in question were overmature and understocked. They were not subject to tree preservation orders, and the felling was cleared on amenity grounds by Wicklow County Council. This licence has expired, and the replanting obligation has been fully completed.
On 28 January 1986, following an application from Bridgefarm Company, a one-year licence was issued authorising the thinning of 14 hectares in an area covered by a tree preservation order and the clearfelling and replanting of 45.2 hectares. This licence expired in January 1987, and the replanting must be completed by January 1988. On 9 September 1986, a limited felling licence was issued authorising the felling of 548 trees subject to a replanting obligation of 24,000 trees and compliance with the conditions of Wicklow County Council's consent.
On 27 January, 1987, a licence was issued authorising the felling of 619 trees, subject to a replanting obligation of 36,000 oak trees and full compliance with the conditions attached to Wicklow County Council's further consent. Tomnafinnogue Wood is the only remaining oak wood at Coolattin. It is at present covered by a tree preservation order. An application for consent to fell in this wood has recently been received by Wicklow County Council.
On 21 March, I inspected the woodlands at Coolattin. I was saddened by the amount of felling that had already taken place. Tomnafinnogue Wood which remains is, in my opinion, of significant importance from the point of view of its scientific, visual, ecological and amenity value. I have accordingly asked the Ministers concerned to examine urgently the situation in the light of the application which has been received in respect of this wood. I hope Deputies will accept that it is not possible at this stage to go into what measures may be taken as a result of the examination now in progress.
I thank the Taoiseach for his long and comprehensive statement but I wish to clarify one or two points. Will the Taoiseach indicate what proportion of the original oakwoods are left and the type of trees which are being planted in replacement? In particular, is the Taoiseach aware of the local authority being under a legal disability in relation to compensation and if constitutional implications arise?
The remaining wood is quite small in relation to the original forest which existed there but it is the most important from a number of points of view, as well as being visually attractive. Its retention would be very desirable. Wicklow County Council can put tree preservation orders on any particular tree or woodland they wish but as the law stands they, unfortunately, leave themselves open to claims for compensation. In one particular case they did not object to the issuing of a licence because they feared they would be making themselves liable for a considerable amount of compensation. It is very unsatisfactory situation.
Will the Taoiseach agree that yet another case has been made, in the context of a constitutional review, for revision of the private property clauses of the Constitution, which are allowing felling to continue in the remaining wood? Will he agree that felling is continuing today and that oak is being exported?
Yes. I think the position is that all these oak trees are exported when felled. That, I suppose, is regrettable. I agree that the situation in regard to amenities of this kind, whether oakland or otherwise, is very unsatisfactory. I am not sure that the unsatisfactory nature of the situation derives directly from the Constitution, but whether or which, the present situation is far from satisfactory. We cannot be complacent about the fact that a great deal of our heritage of this kind can be destroyed under the existing legislative and administrative provisions.
What are the Taoiseach's intentions?
I am looking into it to see what can be done.
I am heartened the Taoiseach has indicated his interest in the last remains of this historic wood. He told the House that he visited the wood. I read in the newspaper that he flew over the wood on 21 March. I am equally heartened to hear he has referred the matter as a matter of urgency to the two Ministers concerned. Has the Taoiseach indicated publicly a personal wish, as the newly elected Taoiseach, that the last remains of these historic woods be preserved for the Irish nation? Has he indicated his personal intentions to Wicklow County Council? Does he feel at this stage that the only vehicle open to him and the two Ministers to whom he referred is the Planning Act of 1963? If so, does he not feel it is time for urgent action to fill a gap in our legislation to ensure that this position does not persist?
I have indicated in my reply that I would greatly wish to see this last remaining wood preserved. I gladly reaffirm that to the Deputy now. Anybody looking at the situation there would earnestly wish that this remaining important oakwood be preserved, whatever way it can be achieved. I asked the Deputy earlier not to press me too hard on what steps might be taken and I reiterate that. I want to assure the Deputy and the House that the situation is under very active and urgent review.
I welcome the Taoiseach's interest in Coolattin woods, which has been a matter of great concern to several of us in County Wicklow. It has a great many legislative implications of which I am sure the Taoiseach is aware. In view of the fact that his visit to Coolattin greatly raised expectations among concerned people in the immediate area as well as nationally, how soon can we expect the Taoiseach to bring forward whatever legislative proposals are required — and they are complex — to deal with the preservation of the remaining oak wood in Coolattin? It is important that this is not put on the long finger because of a specific visit made to this area. All felling up to now has been in accordance with the law and there is the very grave implication of compensation which applies in many other areas besides Coolattin. Having raised expectations by his visit, which was welcomed——
A question, please.
How soon can we expect a result from this visit?
The Deputy is aware that visits by me to different places often arouse expectations, and indeed other feelings as well, but I should like to assure the Deputy that the matter will be processed as quickly as possible. In any event, the application has to be dealt with in a matter of two months from the date on which it is received.
I am simply making an observation that Deputy Hussey——
Observations are not allowed.
I welcome the Taoiseach's statement and note the complete contrast between his action on this and the actions of the Deputies opposite when they were in power.
