There is a great reluctance on the part of people to remove dangerous trees either because they are very fond of trees or because of the cost of removing them, or both. My view is that it is better to end the life of a grand old tree than have that grand old tree end the life of some person. Regrettably, we have had, year in, year out, a number of fatalities, culminating this year in seven people being killed in one horrific accident — six visitors to the country and one young Irishman — when an old tree, obviously a dangerous tree, crashed down on their mini-van. Last year seven people were also killed by falling trees. This is an intolerable situation and one we cannot allow to continue.
Deputy Allen asked a question in the Dáil about this situation. The Minister for the Environment gave a very clear, unequivocal answer. I will quote what he said:
The responsibility of local authorities for the maintenance of public roads includes the duty both to prevent danger to road users and to clear roads of obstructions. Accordingly, local authorities are obliged to remove any fallen trees that are an obstruction to traffic using the public road and also to ensure that trees growing on road margins or other land under their control are not a danger to road users. It is a matter for each local authority to arrange inspections of such trees. Local authorities also have specific powers under section 34 of the Local Government Act, 1925, to request a landowner or occupier to cut or trim trees which may cause obstruction to a road or cause danger by obstructing the view of persons using the road. There is a right of appeal to the District Court for an order annulling such a request. The section also includes a provision enabling a local authority to seek an order of the District Court empowering it to carry out such trimming or cutting of trees and to recover the cost where the landowner or occupier refuses to do such works despite a District Court order requiring him to do so.
My Department recently re-issued comprehensive advice to local authorities on roadside trees. This reminded them of their statutory powers and in particular asked them to bring them to the notice of landowners any trees which they consider to be dangerous.
That is a fairly clear answer and it is quite clear from that answer that the responsibility is with the local authorities. What is not clear in the answer is that, if they have the responsibility and they fail to carry out their duties, have they an obligation to pay for damage, injury or death caused? There is no mention of that. If they were obliged to pay for their dereliction of duty then we would see a little more action on the part of local authorities which would compel landowners to remove the trees or make the trees safe, or the local authority would do it and the landowner would have to compensate them for the cost.
It is a sad feature of our countryside toay that it is littered with dead, dying and dangerous trees. Many of these are on the roadside. Dead trees are not only dangerous, but they are also very unsightly. The main reason for so many dead trees is Dutch elm disease. We had a gap of about 70 or 80 years in this country where there was very little planting of hardwood like beech and oak. We neglected what our forefathers and the landlords looked after so carefully. We have a situation now where most of the hardwood trees are mature. Mature trees are likely to become diseased and diseased trees are extremely dangerous. They topple over very easily in the wind. To all those well-meaning objectors who object to removing trees — trees that look safe to the eye of the layman but which to the eye of trained people are obviously a danger — I would say: we have to put the life of a human before the life of a tree.
We must take urgent steps to plant lots of young trees, particularly hardwood. May I suggest to those people who are objecting that they might recommend to their friends and neighbours that they commemorate such events as births, marriages or anniversaries by planting a tree? They could commemorate the visit of some important person to their farm or household by planting a tree. May I suggest that people go to the schools and teach children about the importance of trees, teach them to love trees, and perhaps persuade schools to adopt trees. I intend asking people in schools in the Cork region to adopt trees in Fota. If we teach children about the importance of trees and give them a love of trees at an early age they would be less likely to vandalise young trees planted in parks around towns and cities. They would be more likely when they are adults to ensure that we will never again have a gap of 60 or 70 years where the planting of hardwood is neglected.
I hope the Minister will bring to the notice of local authorities the grave responsibility that rests on their shoulders — the responsibility for protecting the lives of innocent citizens going about their business. They must protect them from being killed by trees that should have been removed long ago from the vicinity of public roads. The Minister for the Environment reminded the local authorities of it, but I am afraid I do not see any real action on the ground. The dead trees are still there. The dangerous trees are still there. On my way to Dublin yesterday I saw some work carried out not very far from Dublin where trees are still standing after local authorities dug a deep trench which obviously did damage to the roots of the trees on the side of a main road. I would not like to be passing along that thoroughfare on a stormy day.
I thank the Minister for coming to the House and I appeal to him to take some positive action on the matter before we lose more lives.
