asked the Minister for Defence if he is aware that several prosecutions have been instituted against farmers during the past month, at the suit of the various county councils, for failure to cut trees on lands adjoining public highways; if he is further aware that his Department have been preventing similar people from cutting such trees under an Emergency Powers Order (No. 169 of 1942); and whether, in view of the apparent conflict of policy, he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Cutting of Trees.
The Emergency Powers (No. 169) Order, 1942, as amended, prohibits, except in certain specified circumstances, the cutting down or uprooting of, or the removal of branches from, any tree standing not more than 30 feet from the centre of any road. The Order permits, however, the removal of branches in any case in which an owner or occupier of land is requested by a local authority, under sub-section 34 (2) of the Local Government Act, 1925, to trim a roadside tree, on the ground that it is prejudical to the road. It also enables permission to be granted for the cutting down of a tree which, because of its age or condition, constitutes a danger to road traffic. No cases have come to my notice in which persons have been prosecuted by local authorities for failure to cut down trees, permission to fell which had been refused under the order.