The impact of Storm Debi has demonstrated the “danger” around unmanaged trees and exposed the issue of public safety around ash dieback, Senator Victor Boyhan has said.

Extremely gusty winds have caused significant power outages, disruption to transport, and fallen trees and branches across the country overnight and on Monday morning (November 13).

Following the storm, all over the countryside ash dieback-affected trees, wood and branches collapsed onto public roadways and land boundaries, according to Senator Boyhan.

He urged the responsible government departments to secure funding and logistics for local authorities and landowners to coordinate the safe removal of affected trees.

Warning that “if a tree falls and causes damage, the owner of the tree is liable”, Senator Boyhan said: “I want to work with farm organisations to get this ‘overhanging’ liability resolved.

“Practical support to assist in the removal of ash dieback-[affected] trees needs to commence with the co-operation and support of government and its agencies.”

All 31 local authorities need to be “empowered and resourced” to coordinate and administer a new action plan and fund to remove unsafe trees impacted by ash dieback, he said.

Ash dieback

The Department of Agriculture, Food and the Marine (DAFM) does not offer funding for the removal of roadside trees or for private homeowners living in the countryside with ash trees in rural gardens.

The care and management of trees adjacent to roads is the responsibility of the landowner on whose land the trees are growing, Minister for Agriculture, Food and the Marine, Charlie McConalogue said.

“It is advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this,” the minister said.

The DAFM published guidance on the subject of roadside trees. “A Guide for Landowners to Managing Roadside Trees” can be accessed on the DAFM’s website.

Minister Charlie McConalogue slurry spreading
Minister for Agriculture, Food and the Marine Charlie McConalogue

All forestry funding options have been explored under state aid rules with the European Commission, and the DAFM secured approval for the Reconstitution Scheme for Ash Dieback, he said.

For clearing a site and replanting, currently under the new Forestry Programme 2023-2027 the range of payment to landowners entering the scheme is from €5,858/ha up to €10,555/ha, he said.

In November 2022, the commission said that under the aid for the prevention and restoration of damage to forests, compensation for loss of timber value or other financial loss is not eligible, he added.