To ask the Minister of the Environment if mature trees are protected from felling, and removal during nesting season, and for his assessment of the adequacy of the protection.

Under the terms of the Wildlife (Northern Ireland) Order 1985 it is an offence to ‘take, damage or destroy the nest of any wild bird while that nest is in use or being built or to ‘take or destroy an egg of any wild bird’.

DoE and DARD both advise that tree cutting and hedge trimming should not be undertaken during the period March to 31 August in order to minimise the potential effects of disturbance to nesting birds.

As such, there may be incidental protection of mature trees during the nesting season if they harbour nesting birds, but this protection would not extend beyond the rearing and fledgling period of the chicks. Planning Service may however decide to issue a permanent Tree Protection Order on a particular tree (or trees) on the basis of their amenity value.

The Department of the Environment recently undertook a consultation exercise on the ongoing review of the Wildlife (Northern Ireland) Order 1985 and received only one response urging that the level of legislative protection for trees in Northern Ireland be increased.

The Department considers that the present system is effective for protecting birds using trees during the nesting season.