Dáil Éireann Debate, Thursday - 17 November 2011
195 Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine his plans for the enforcement of fines and penalties on landowners who do not comply with the regulation in respect of the cutting of noxious weeds such as ragwort and ragweed on their properties; and if he will make a statement on the matter. [35235/11]
View answerThe Noxious Weeds Act 1936, as amended, provides for the control of the spread of six noxious weeds, namely, Thistle, Ragwort, Dock, Common Barberry, Male Wild Hop Plant and the Wild Oat.
Under the Act, it is an offence not to prevent the spread of these noxious weeds. The owner, occupier, user or managers of lands on which these weeds are present are subject to the provisions of the Act, including a fine of up to €1,000 on conviction.
While the last prosecution under the Act was taken in 1988, the Department actively seeks to enforce the provisions of the Act by issuing Notices to Destroy in all instances where it is becomes aware of the presence of noxious weeds.
A total of 26 such Notices were issued in 2010 with a further 35 having been issued to date in 2011. These notices are issued as a result of inspections carried out by Department Field Officers or on receipt of complaints made by the public.
Follow-up action may be undertaken by my officials with the land owner to ensure that the notifications are acted upon and that the particular weeds have been dealt with as stipulated in the Notice to Destroy. In all such instances, my officials have at their disposal the option of initiating proceedings under the Noxious Weeds Act against a landowner who fails to comply with such an instruction.
Additionally, under the EU Single Farm Payment Scheme, farmers are obliged to keep their lands free from noxious weeds under the cross compliance measures of the scheme. Failure to do so may result in a reduction of their payment entitlements. In the years 2009, 2010 and 2011 penalties under the Single Payment were applied to 27, 31 and 46 farmers, respectively, for failure to take appropriate measures to prevent the proliferation of noxious weeds.
