asked the Minister for the Environment if, in view of the number of fatal accidents and serious damage caused by falling roadside trees during recent storms, he will have legislation introduced to clarify whose responsibility it is to have such trees removed.
Written Answers. - Roadside Tree Accidents.
376.
Under existing law, maintenance of public roads entails the duty both to prevent danger to road users and to clear roads of obstructions and is the responsibility of the road authorities concerned. Local authorities also have specific powers under section 34 of the Local Government Act, 1925 to require the cutting or trimming of trees which may cause obstruction to a road or cause danger by obstructing the view of persons on the road. The procedures available under this last provision cannot, however, be used in relation to trees which are potentially dangerous. While there is no evidence of local authority operations in this area being seriously constrained by any inadequacies in the legal position, I intend to have this examined.
Local authorities have a standing instruction from my Department, of which they have just been reminded, as to the performance of their functions in this area. In addition, An Foras Forbartha are holding a one-day seminar on 6 March 1984 on the assessment of safety in relation to roadside trees. This is designed to assist road authority engineers to make effective surveys of potentially dangerous trees and to take appropriate action.