Kilbarry, Macroom, Co. Cork.
Thursday December 15th ‘05
RE: Forestry – Review of Administration
Submission on behalf of Macroom District Environmental Group (Formerly Macroom Action Group 1983).
FAO: Philip Carr.
Philip, a chara,
As PRO for MDEG we have exchanged correspondence and views in relation to IFS for Counties Limerick and Cork over a number of years and we await details of the Indicative Forest Strategy for County Cork.
“Forestry has been everywhere, tossed from Dept. to Dept. – usually found in the Dept. of Lands.” So writes Deputy Michael D. Higgins in a letter to the writer in October 2005, who continues “currently it comes under the auspices of Dept. of Marine and Natural Resources under Minister Noel Dempsey.”
According to the 1928 Forestry Act, the Commissioners for forestry in 1922 had been subsumed into Agriculture and the Land Commission.
The 1946 Forestry Act defines the Minister for Lands as responsible for this sector, and in the 1988 Act we are referred to the Dept. of Energy.
Subsequently, Forest Service/Coillte come under the Agriculture remit, and currently, in the draft Forestry Bill (No. 6, 2001), Forest Service is “a division of the Dept. of Marine and Natural Resources” responsible for the “regulation and development of the forestry related activity in Ireland,” and “responsible for SFM implementation in Ireland.”
An additional compounding factor is “Wildlife” – “Wildlife protection, too, has been in a multitude of different Depts.” (Deputy Higgins, October ’05). Wildlife under the 1930 Wildbirds Act came under Justice; subsequently forestry; subsequently Environment; subsequently Dept. of Arts, Heritage and An Ghaeltacht (Dúchas) and presently, in the body of National Parks and Wildlife Service (NPWS) – a division of Dept. Environment, Heritage and Local Government.
The 1988 Act (Section 12), in setting out the Objects of the newly-incorporated Coillte Teo. - objects wholly commercial – served effectively to sever the historically allied disciplines of Forestry and Biodiversity. Under the new regime, many employees opted (under redundancy options) to join the Wildlife Division of the Dept. of Environment (1989/92).
S. 14(2) indemnifies the new company from “any form of duty or liability enforceable before any court.”
S. 29(1) provides for making available grants not exceeding £30 million, for the period of four years, annually.
And S. 33 prohibits any disclosure by any member of staff of Coillte Teo., of any information.
The aim of transferring of all lands formerly vested in the Minister for Energy to the Company is set out in S. 39 of the 1988 Act – with the Ministers for Energy and Agriculture comprising the sole shareholders.
We enclose copy response, addressed to the Freedom of Information Commissioner, dated June 2005, from Coillte Teo. anent Section 39.
The Commissioner appropriately describes Coillte’s conduct as “egregious”. Extreme exclusion of wider views – of the Social and Environmental Stakeholders – is endemic and remains the hallmark of Forest Service/Coillte Teo., and we enclose copy letter from our Munster MEP Simon Coveney TD date August 19th 2005 and we await the response to his proposed Dáil question.
Nothing in the Draft 2001 Forestry Act serves to acknowledge the “wider view”, granted that SFM is acknowledged but as an Environmental NGO (1983) that has witnessed and recorded our forestry sector (dedicated to timber production as an exclusive goal – pursuing profits – marked by conservation jargon and management doublespeak;) heavily funded by the tax payer but as yet incapable of addressing “forestry” as distinct from Sitka Spruce plantations. Why? Because mono-genetic coniferous forestry is reliable and undemanding silviculturally.
When pressed, our Coillte/Forest Service insist that Coillte lands are incapable of supporting other than Sitka – and we respond requesting how many species trials have been undertaken!
Sweden continues to devote a large budget to improving it’s native Silver Birch, for saw-log and veneer; Birch will grow on all Sitka sites. Holly (£900.00 Stg. A cubic meter at Euro. Wood Auctions) loves shallow acid gleys on slopes. Alder grows well on sites too water-logged for North American/Alaskan conifers.
Species Ratio
MDEG was represented at all the IFCI Public Consultations at Mallow, Galway, Portlaoise, etc. through 2000 (February-April) and made submissions. In keeping with the Heritage Council policy, MDEG call for 50:50 softwoods to broadleaved native hardwood.
We note that DG Environment in Brussels wanted a National target of 50% broadleaves under our National Development Plan (2001/2) but that our “Forest Service had to fight a stiff rearguard action to hold the line” (Farmers Journal March 2002) – but we equally question whether out “Forestry Service made the right choice in fashioning a commercial forestry policy out of a funding programme designed to further environmental objects” (ditto).
Draft Forestry Bill (2001) in “definitions” states “it highly unlikely that any such natural woodland now remains in Ireland” and may explain why Coillte imported, recently, 20 tons of acorns from British and Dutch sources. Coillte’s Seed Contractors have, on the other hand, been approved to gather more than half a million viable acorns from the Charleville Estate, Co. Offaly, where many of the Oaks “have been aged by tree-coring to between 350-450 years old – making it improbable that they were imported for planting.”
Two issues arise here:- the definitions of ancient woodland; semi-natural woodland and natural woodland, as provided in the 2001 Draft Bill, are ambiguous and at odds with the definitions laid down in the EIA Directives and Transposed Regulations. In N. Ireland, semi-natural woodland is described as pre-dating 1830.
(2) Provenance remains a core component of biodiversity and the wholesale importation of distinctly provenanced seed remains untenable in view of ongoing climatic change.
Climate Change
Nothing in the 1922, 1946, 1956, 1988 Acts or in the provisions of the 2001 Draft Forestry Act reflect current realities – with the exception of “stitching in” SFM in the latter.
The UK Institute of Chartered Foresters have published much on the subject of Global Warming and consequences for provenances of stock. Spreading the risks of Climate Change impacts, the Institute urgently calls for diversification of species and age structure of forests. Apart from the issue of ecological amplitude, the relationship between pests, diseases and their hosts remain to be considered by the proposed Consultative Group.
Riparian Zones
Concerning the protection of “land between the river bank and upper level of normal flooding,” and research published by Dr. Mary Kelly-Quinn and Tierney, D., and Bracken, J.J., in 1996 under heading “Impacts of Acidifcation on the Ecology of Upland Streams with particular reference to possible effects of Plantation Forests,” it is clear that untold and ongoing damage is being endured because “fresh water animals are living near the limit of their tolerance to acidity – with the lowest number of invertebrates” shown where streams are heavily shaded with plantation forestry.
Ten years later, Senior Coillte Foresters addressing Forestry Meetings continue persisting that Sitka/Lodgepole etc. do not affect pH of water bodies.
2003 Performance Report
According to this annual Coillte publication, the company estate amounts to 444,721 hectares with 351671 hectares forested and consisting “broadleaves” at 4% and represents the single largest estate in the Republic. In view of OECD’s placement of Ireland (out of 26 countries) as second last on the list with “meaningfully protected national territory” at 0.4 of one per cent, Forest Service/Coillte bear enormous responsibility not alone to it’s shareholders (both Ministers) but to all of us, to embrace “wise management” options. Or as Lewis Mumford (Nature Conservancy UK) puts it “all thinking worthy of the name must now be ecological”.
Felling Licenses (Tree Protection)
Provisions under the 1946 Forestry Act (Section 4) have correctly, in our view, been transposed from the 1928 Act – almost verbatim – and continues to remain the only instrument available to environmentalists fighting to protect our dwindling native tree resource. Alas, Templemore is offering no Environmental Education as a component of Garda Training. Consequently, one has to carry the Section 4 (1946 Act) provisions, in hand, on invoking a Garda to act in a case of illegal felling; uprooting or logging of invaluable native “standard” stock, in the absence of a license.
“Only in the world of our Forest Service is ignorance of the law – based on the offender’s word – an excuse.” Unauthorised felling has been described as “traditional” in one publication, concerning a Senior Forestry Inspector stating that “it was not the practice to prosecute.”
Four Sample Cases
Beaufort, Co. Kerry. Killarney Town Engineer Donal Mangan is prosecuted for illegal felling resulting in the loss of “10 pairs of breeding herons.” (Irish Times, February 3rd 2000). The fine was £5.00 for every untreated stump.
Ballymeeligott Woods, Tralee. Judge Kelleher on March 6th, 2003 at Tralee District Court fined Dennis Lenihan €5,000.00 for illegally felling 175 of the finest broadleaves.
Cullane Oakwoods (between Quin and Tulla, Co. Clare). Judge Mangan fines Cormac Quigley €10,000.00 for illegally felling 6,375 trees, at Tulla District Court, September 1st 2005.
Silvergrove (Cooleen), Kilbarry, Macroom, Co. Cork (AIF 04/05 – Felling on lands at Cooleen). Patsy Lynch was served a notice dated February 24th 2005 concerning his bull-dozing recent hazel scrubland whereas contemporaneously (February 2005) this writer discovered the utter scrubbing of C.70 acres mature scrubland with Crabapples; Holly; Spindle with previously unrecorded girths e.g. Wild Cherry in excess of 1 metre circumference (at 4' ht).
At Ballyclogh House, Creeves, Barrigone, Askeaton, Co. Limerick, C.150 acres were grubbed – but there was contiguous “natural woodland” comprising C.70 acres. Forestry Inspector John Madden (Munchins, Limerick) was alerted by the writer and 3 other local residents adjacent Ballyclogh – in April 2003, repeatedly – in addition to NPWS repeatedly, in addition to the Heritage Officers Tom O’Neill and Mr. Cassidy (with Limerick Co. Co.) repeatedly.
In this writers dealings with Felling Section at Johnstown Castle, with its inordinate staff turn-over, I found active concealment and obscuration, consistently. And inexplicable delays in processing the Garda file transmitted from Askeaton Gardai may now have statute-barred any prosecution. This writer was requested by the local community to help save Ballyclogh – and now all we are left with is our determination to highlight the loss. I have listed the “endangered species” (Habitats/Wildbird Directives) that were resident and dependent on what has been called “Co. Limerick’s Finest Woodland”, to NPWS and Limerick Co. Council.
Theft of Ash
Sunday Tribune (6th March ’05) carries a piece about this “epidemic” in rural Ireland, in pursuit of native ash for hurleys. Forest Service/Coillte has let us down and in lacking the longer view, has jeopardised this sport’s immediate requirements.
Forest Service/Coillte ought to have, years earlier, initiated the Teagasc/GAA ash-growing trials at Johnstown Castle in 1984.
“Holly Faces Extinction”
National Tree Week, 2005, was chosen by Tree Council of Ireland (President Mary Keenan) to “create awareness of the imminent extinction” of Holly. Has sponsor Coillte/Forest Service done anything since her utterance anent Holly Trees?
In explanatory note attached to Head 16: Control of Felling in the Draft 2001 Forestry Bill, Tree Preservation Orders (TPOs) “are seen as the vehicle for protecting trees for amenity.” In response, can you name one single executive engineer, in any of our 87 Planning Authorities, that have heard of; read or are aware of the 1994 Ministerial Guidelines on Tree Preservation, to Planning Authorities. On this writers last count, there were 370 TPOs in the State.
Closer reality, O’Connell Street, Dublin, lost its “ornament and glory” when, disregarding the wishes of the citizens, Coillte chopped down the Planes “for amenity purposes” – presumably being assuaded that trees play second fiddle to such a staggering mass of “Embodied Energy” as the Spire. Again, Social and Environmental Interests were shunned. (2004)
International Tree Foundation (ITF) recently calculate O2 levels in major urban centres at hovering between 14% and 17%, globally. Why wasn’t pollarding considered, as with the civilised cities of Europe?
MDEG are adamant that the act was nothing short of barbaric – for others it alarmed the “thinking Public” that de facto there is absent in the Republic, the consciousness and the will (coupled with law enforcement of Section 4, 1946 Forestry Act) on the part of our Forest Service/Coillte, to treasure our tree resource.
We note in your “Request for Submissions” notice, reference to the 1997/8 consultation, pre-dating the Draft 2001 Act – in the interim, Forest Service/Coillte has been conferred the invaluable FSC logo on its product which compels the recipient to adhere to National Forestry Law in addition to EU Directives/Rio and Helsinki (1992/3) accords.
The consultative group are reminded that the engine driving FSC was the “triple bottom-line” – the 3 chambers, but primarily the Environmental Sector. That possession of FSC status continues to satisfy the SFM (Helsinki 1993) requirements – perhaps singularly – is of huge concern, in view of the contents of this submission.
Philip, a reminder to ensure we are notified here in Macroom, of the IFS Process for our county.
Beir bua – Teddy Cook (PRO)
Appendices
A. FOI Decision – Martin Collins, Derrybrien Development Society
I consider Coillte's conduct, however, to be particularly egregious. In response to Ms. Campbell's letter dated 18 January 2005, Coillte made a submission dated 16 February 2005 formally objecting to the release of the sale and option agreements. Coillte stated, among other things, that Ms. Campbell's understanding of its legal status and its role in managing lands in Ireland was incorrect. According to the submission, Coillte is a private limited company registered under the Companies Act 1963-2003 that was established under the Forestry Act 1988 to operate forestry and forestry-related businesses commercially. It does not provide public services and it receives no public funding for its business activities other than that available to any private company. Coillte further stated:
''Coillte is not an extension of a Government department neither is it an agency, nor under the control of, any Government department. While the shareholders in the company are the Minister for Agriculture and Food and the Minister for Finance, management of the company is the legal responsibility of the Board of Directors of the Company whose duties are set out in company law and in the Forestry Act 1988.
The relationship between the company and the Minister for Agriculture is the same as that between any private or public limited company and its shareholders. In relation to Coillte's forests and other land these are wholly owned by the company to whom the lands were transferred by virtue of Section 39(1) of the Forestry Act 1988. The lands are not managed on behalf of the State in contrast for example with National Parks that are owned by the State and managed on behalf of the State by the National Parks and Wildlife Service.
In this context, the lands owned by the company are, in law, private property and the transaction which is the subject of the request is a private law transaction between two entities neither of which is subject to the Freedom of Information Acts.''
I consider that, notwithstanding my powers under section 37 of the FOI Act, Coillte has provided me with an incomplete description of its legal status. Coillte's submission makes no mention whatsoever of the binding judgement of the European Court of Justice in which Coillte's view of its status as a private company was rejected. In Case C-339/00, Ireland v. Commission of the European Communities [2003] ECR I-11757, the Court (Fifth Chamber) held that, ''as a public undertaking'' [emphasis added], Coillte was not eligible to receive grant aid under an EU afforestation scheme. In its recital of the facts, the Court noted that the Irish State had owned and directly managed approximately 400,000 hectares of forest until the end of the 1980s. The Forestry Act 1988 authorised the incorporation of Coillte ''to develop forestry and perform functions previously exercised by the Minister for Finance and the Ministry for Energy.'' Following its incorporation on 8 December 1988 as a '''private company''' under the Companies Act 1963, the Minister for Finance acquired all the shares in Coillte, but the company was nevertheless under an obligation to exercise its activities independently of the State and on a purely commercial basis. Ireland therefore claimed that Coillte qualified as a ''private-law legal person'' within the meaning of Article 2(2)(b) of Council Regulation (EEC) No 2080/92 of 30 June 1992 which had instituted the afforestation scheme in question.
B. Letter from Simon Coveney TD MEP to Ted Cook (scanned copy attached)
C. Letter from Damian Doyle (Felling Section, Forest Service) to Patrick (Patsy) Lynch re felling on lands at Cooleen, Co. Cork.