asked the Minister for Local Government if in view of the recent experience of fatal and other accidents caused by falling trees on public roads he proposes to take any action to safeguard the public in this matter.
82.
Ceisteanna—Questions. Oral Answers. - Trees Falling on Public Roads.
81.
asked the Minister for Local Government if in view of the havoc caused, including loss of life, during the recent hurricane by dangerous roadside trees he will make a statement indicating on whom the responsibility lies for the removal of such dangerous trees.
With your permission, a Cheann Comhairle, I propose to reply to Questions 81 and 82 together.
Determination of responsibility for removal of dangerous roadside trees depends on the circumstances in each individual case. A number of complex legal issues are involved all of which are not necessarily covered by the general considerations which I am about to mention. A local authority has a duty to keep the public roads in its charge clear for traffic. If a fallen tree is an obstruction to traffic using a public road, the local authority have a duty to remove the obstruction.
If a tree on a public roadside is, to the knowledge of the local authority, in danger of falling, the local authority have a duty to prevent it from falling on the road. If a tree growing on land adjoining a public road is, to the knowledge of the landowner, in danger of falling across the roadway, the landowner has a duty to take precautions to prevent it from falling on the road.
A local authority has no general duty to ensure that trees growing on lands adjoining roads are not a danger to users of the road.
In view of recent accidents caused by falling trees on public roads I am asking local authorities:—
(1) to ensure that periodic inspections are made of trees growing on public roadsides so that trees that appear dangerous to road users on account of age or condition are removed;
(2) to bring to the notice of landowners on whose lands there are trees adjoining public roads all cases where such trees, while not prejudicial to roads within the meaning of section 34 of the Local Government Act, 1925, are nevertheless observed to be in a dangerous condition.
I think that in the majority of such cases landowners may be relied on to co-operate in having the trees removed. I am, however, having the powers of local authorities in this matter reviewed.