Debate contribution: Tree Protection Bill: Second Stage

Debate contribution by Mrs Deborah Erskine on 21 September 2026.

MLA

Mrs Deborah Erskine

Party at the time

Democratic Unionist Party

Date

21 September 2026

Type

Debate contribution

Business

Private Members' Business

Heading

Tree Protection Bill: Second Stage

Assembly identifier

Official Report component 5742721

Read the official Assembly record

Text

I absolutely agree. That lack of greater clarity risks delay. The interpretation could be inconsistent, and it could be open to legal challenge. It is really important that that be appropriately defined. That brings me on nicely to clause 11 and the principal definitions therein. My colleague talked about the Woodland Trust and the Ancient Tree Forum. Obviously, there is value in drawing on expert knowledge, but the Assembly should carefully consider whether the legal obligations should change automatically if an external organisation alters its criteria. The Department is democratically accountable to the Assembly; external organisations are not. Core statutory definitions should be acceptable and subject to appropriate oversight. People could unwittingly get themselves into difficulty when it comes to tree preservation orders and such things. Clause 12 concerns permitted development legislation. Those definitions must operate consistently across both legislative frameworks. Clause 14 states that the Act would come into operation 12 months after it receives Royal Assent. That is important because of the staffing levels in councils, which we have talked about. We need to ensure that staffing, the digital map and the examination of the historical records match that timescale. It will be important to eke that out. Describing the financial implications as "modest" is not a substitute for properly costing the Bill. That has been exposed by some in their contributions today. I support the principle of protecting Northern Ireland's most significant and ancient trees and woodlands. I also recognise the need to close genuine enforcement loopholes and improve the public's access to information on trees that fall under preservation orders. However, the good intentions of the Bill — I believe that the Bill sponsor has good intentions and is passionate about the issue — must be matched by clear definitions, proportionate enforcement and practical implementation on the ground. If the Bill proceeds today, particular attention must be given to public safety, the treatment of innocent landowners, the rigid 15-metre restriction, the meaning of "wholly exceptional circumstances", consistency between councils and the full financial implications for local government and the Department. Indeed, as Members have heard, I raised the need for farmers to be at the table for the conversation — an issue that was well covered by my colleague Jonathan Buckley, the Chair of the Infrastructure Committee. Those matters will require detailed evidence and careful scrutiny in Committee. We should seek to enact legislation that protects our natural heritage while respecting property rights, supporting rural communities and allowing necessary and responsible development to proceed. Thank you.

420 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

Jev’s structured answers

Assessed 21 October 2026 at 16:37 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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