Dáil Éireann Debate, Tuesday - 7 February 2017
509. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the fact that a practice has been adopted whereby felling licences issued by the Forest Service have been written, as was the case at a location (details supplied) with the conditions recommended by prescribed consultative bodies; and the measures he is taking to address this maladministration. [5469/17]
Amharc ar fhreagraThe Forestry Act 1946 prescribes the functions of the Minister and details the requirements, rights and obligations in relation to Felling Licences. A Felling Licence granted by the Minister for Agriculture, Food and the Marine provides authority under the Forestry Act 1946 to fell or otherwise remove a tree or trees and to thin a forest in accordance with good forest practice. There are limitations on what can be included as a condition on a general felling licence under the Forestry Act 1946, which results in some conditions being included in the cover note as an instruction from the Department. This sometimes includes conditions relating to recommendations from other bodies. While failure to comply with cover note conditions may not be a prosecutable offence under the Forestry Act 1946 it is within the power of the Minister to revoke a licence at any time if such a situation arises. It is regrettable that, in the situation indicated, there was a contradiction between the cover note and the felling licence conditions and clearly this should not have happened.
When the new Forestry Act is commenced, there are provisions in place to allow greater scope in what may be incorporated as a felling licence condition. Furthermore, with the introduction of new IT functionality the processing of licence applications will be streamlined. In the meantime, personnel have been reminded of the correct procedures to be adhered to when finalising licences and cover notes to ensure such conflicts are avoided.
