Section 15 states that CIÉ"may lop, remove or cut any tree, shrub, or hedge which obstructs or interferes with" any of its functions under the Bill. Is that measure as draconian as it sounds? Is there any requirement to consult the National Heritage Council or the Minister for Arts, Culture and the Gaeltacht who is implacably opposed to lopping hedges, trees and shrubs?
SECTION 15.
Question proposed: "That section 15 stand part of the Bill."
There is no specific requirement to consult the Minister for Arts, Culture and the Gaeltacht when Luas has been constructed.
I am talking about before it is constructed.
It will be covered by the EIS before it is constructed as will other concerns on the environmental impact of any aspect of this Bill, including this section.
Do we not have tree felling orders and so on? Will CIE ignore those?
The procedures in regard to felling orders in rural areas mean that the landowner is responsible for the first three feet and the local authority is responsible for anything above that. This is a practical consideration. Before construction occurs, there is a possibility that some trees, bushes and shrubs will have to be removed. After construction, maintenance of trees, bushes and shrubs on either side of the light rail line will be required to ensure there is no overgrowth onto the rail. This is a practical requirement.
The board of CIE will be able to take down any tree it wishes, irrespective of existing procedures in regard to the removal of trees. The section does not make any reference——
No, it does not. I do not envisage, much as I sympathise with the point the Deputy is making——
Should it be left to the Board? Should it not have to get the permission of the Minister for Arts, Culture and the Gaeltacht?
This is a £220 million project and when the route has been agreed, it is unlikely to be held up over even a specimen tree, much as I would hate for it to be felled.
It is only 12 miles.
Yes, but a specimen tree could be in the way of the route.
We are dealing with the birds and bushes now.
This is a very important issue in Dublin because the number of trees in the city is decreasing rapidly.
Will the Minister confirm this only applies to a tree which obstructs or interferes with the railway?
Yes. The removal of the tree must be necessary for the safe operation of the light rail system.
It can also be removed for surveys.
Yes.
It only applies to trees which actually obstruct or interfere with the safe passage of light railway vehicles.
The construction phase is also covered. Trees which are at present covered by tree preservation orders will have to be taken into account in the environmental impact statement.
Question put and agreed to.