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Ash dieback: Government faces possible legal action Ash dieback: Government faces possible legal action
(about 2 hours later)
A nursery forced to destroy 50,000 ash trees after dieback fungal disease was found is considering taking legal action against the government for failing to block imports sooner.A nursery forced to destroy 50,000 ash trees after dieback fungal disease was found is considering taking legal action against the government for failing to block imports sooner.
Simon Ellis of Crowders in Lincolnshire says it was found in about 15 trees in June but officials issued an order preventing the firm from taking action. Simon Ellis of Crowders in Lincolnshire says the disease was found in 15 trees in June but officials issued an order preventing the firm from taking action.
Mr Ellis now says he is considering suing the government for £200,000. The disease has now been confirmed at 52 locations in England and Scotland.
The disease has now been confirmed at 52 locations in Britian. Ministers say the import ban was brought in as soon as it was practical.
In the last six weeks 100,000 ash trees have been destroyed in the UK and experts say it may be too late to stop the spread of the fungus. In the last six weeks, 100,000 ash trees have been destroyed and experts say it may be too late to stop the spread of the fungus.
Scientists say the infection in native trees has been caused by spores of a fungus - carried on the wind from mainland Europe. Scientists say the infection in native trees has been caused by spores of a fungus - carried on the wind from mainland Europe. Once infected by the chalara fraxinea fungus, a tree cannot be cured.
Once infected by the chalara fraxinea fungus, a tree cannot be cured. 'No compensation'
The import ban came into force on 29 October. A href="http://www.legislation.gov.uk/uksi/2012/2707/pdfs/uksi_20122707_en.pdf/$FILE/uksi_20122707_en.pdf" >plant health order banning imports and the movement of ash trees came into force on 29 October.
But Mr Ellis says the Horticultural Trades Association wrote to ministers in 2009 warning of a new strain of the ash dieback disease and urged it to close UK borders. Mr Ellis, who is considering suing the government for £200,000, said by the time his firm was permitted to destroy its trees, many more had become infected.
He told BBC Radio 4's Today programme: "They should have taken it seriously at the time. They chose not to and now we have this really dramatic situation and unfortunately, by the sound of it, the ash tree disease has spread throughout the UK He says the Horticultural Trades Association (HTA) wrote to ministers in 2009 warning of a new strain of ash dieback disease and urged it to close UK borders.
He told BBC Radio 4's Today programme: "They should have taken it seriously at the time. They chose not to and now we have this really dramatic situation.
"Effectively our income stream starts now, this is the season, this is our harvest time so to cut off our income stream - what other course of action can we take?""Effectively our income stream starts now, this is the season, this is our harvest time so to cut off our income stream - what other course of action can we take?"
Martin Ward, chief plant officer with the Department for the Environment, Food and Rural Affairs, said ash dieback disease was not spreading. The HTA says the government misdiagnosed the disease when it first alerted officials - the fungus was thought to be the same as a one already widespread in the UK.
He said the rising number of cases being reported was the result of inspections. The HTA's Tim Briercliffe said: "We saw the disease, we saw what it was doing in Denmark. It wasn't doing that in the UK. Whatever the details of the science were saying, that surely was going to speak far louder."
The finding of the disease in nursery stock earlier in the year resulted in a risk assessment and as soon as the full extent of the threat became clear, Defra took action, Mr Ward told Today. Martin Ward, the UK's chief plant health officer with the Department for the Environment, Food and Rural Affairs, said ash dieback disease was not spreading but acknowledged that "we're probably not going eradicate it".
"We have stopped the movement of plants and the sporulation on the leaf litter, which can lead to aerial spread, doesn't happen until the summer," he said.
"The increasing number of cases we are recording at the moment is the result of greater information, more knowledge of the distribution of the disease."
He told Today when the disease was identified in nursery stock in March this year the "important thing then was to track down that... stock, to destroy these isolated findings in recent plantings".
Defra then worked on identifying the "right measures" to be taken before the start of the planting season.
The government has ruled out paying compensation.
A spokesman for Defra said: "Hundreds of staff members from government agencies have been investigating sites across the UK...
"At a time when our trees face increasing threat from a range of diseases, and in a tight financial climate, we believe that resources are best spent on surveillance and trying to tackle the disease."
Smart gadgetSmart gadget
Ministers are concerned the fungus could be present on fallen leaves and spread by the boots of walkers or by pet dogs. Ministers are concerned the fungus could be present on fallen leaves and spread by the boots of walkers or by pet dogs and are asking people to take precautions.
But Environment Secretary Owen Paterson maintains the government has acted correctly.
As well as the import ban, walkers are being asked to take precautions.
Thousands of ash trees across Britain were inspected over the weekend, and experts say they expect the full results of the survey by Wednesday.Thousands of ash trees across Britain were inspected over the weekend, and experts say they expect the full results of the survey by Wednesday.
Ash dieback disease has been found in 38 nurseries, plantations and other locations in England and Scotland, including a car park in Leicester; a forest near Glasgow and a college campus in South Yorkshire. Defra says the fungus has been found at 18 nurseries that had imported infected plants; 20 plantations which had received young trees, and in East Anglia in 14 wild ash trees, suspected of being infected by fungus spores carried on the wind.
Last week, it was discovered in wild ash trees on 14 sites across East Anglia. It has been href="http://www.forestry.gov.uk/images/uk_outbreak_map2a.jpg/$file/uk_outbreak_map2a.jpg" >found at sites including a car park in Leicester; a forest near Glasgow and a college campus in South Yorkshire.
Defra says the fungus has been found at: Next week Defra hope to have a new SmartCycler gadget to test for the disease - it will give a result in about an hour compared with the days it takes currently takes to send samples back to a laboratory.
  • 18 nurseries that had imported infected plants.
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  • 20 plantations which had received young trees.
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  • 14 wild ash trees, infected by fungus spores carried on the wind.
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Labour has accused the government of being to slow to act and queried whether cuts to the Forestry Commission's budget had affected the response.
Next week Defra hope to have a new SmartCycler gadget to test for the disease. But environment minister David Heath denied there had been any cutbacks "applied to plant health and tree health".
The new piece of technology will give a result in about an hour compared with the days it takes currently takes to send samples back to a laboratory.
Around 90% of ash trees in Denmark are believed to have become infected.
The disease was first spotted in the UK on 7 March and Labour has accused the government of being to slow to act and queried whether cuts to the Forestry Commission's budget had affected the response.
But environment minister David Heath denied there had been any cutback in resources "applied to plant health and tree health in this country".
Is your nursery or farm affected by the Ash dieback disease? Are you thinking of taking legal action? Please fill in the form below if you are willing to be interviewed by the BBC.Is your nursery or farm affected by the Ash dieback disease? Are you thinking of taking legal action? Please fill in the form below if you are willing to be interviewed by the BBC.
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