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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 a 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 the disease was found in 15 trees in June but officials issued an order preventing the firm from taking action. Simon Ellis of Crowders in Lincolnshire said ash dieback was found in 15 trees in June but officials issued a notice preventing the firm from taking action.
Ministers said the import ban was brought in as soon as it was practical.
The environment secretary will chair a summit on ash dieback on Wednesday.
The disease has now been confirmed at 52 locations in England and Scotland.The disease has now been confirmed at 52 locations in England and Scotland.
Ministers say the import ban was brought in as soon as it was practical. On Monday, government officials confirmed that the disease was present in woodlands in Kent and Essex.
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.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, which is believed to have been carried on the wind from mainland Europe. Once infected by the Chalara fraxinea fungus, a tree cannot be cured.
How ash dieback could threaten Britain's wildlife previous slide next slideHow ash dieback could threaten Britain's wildlife previous slide next slide
Scientists say the infection in native trees has been caused by a fungus Chalara fraxinea, which is believed to have been carried on the wind from mainland Europe.
Unlike animals, trees cannot be vaccinated and once infected, a tree cannot be cured.
A plant health order banning imports and the movement of ash trees came into force on 29 October.A plant health order banning imports and the movement of ash trees came into force on 29 October.
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.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 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 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.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?"
Here to stay?
The HTA says the government misdiagnosed the disease when it first alerted officials - the fungus was thought to be the same as one already widespread in the UK.The HTA says the government misdiagnosed the disease when it first alerted officials - the fungus was thought to be the same as one already widespread in the UK.
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 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."
Known as the common or European ash, the tree - the UK's only native ash species - is scientifically known as Fraxinus execelsior.Known as the common or European ash, the tree - the UK's only native ash species - is scientifically known as Fraxinus execelsior.
It is the UK's third most abundant species of broadleaf tree (after oak and birch), covering 129,000 hectares of woodland.It is the UK's third most abundant species of broadleaf tree (after oak and birch), covering 129,000 hectares of woodland.
Ash is deemed to be a very important species within the UK's hedgerows and accounts for about for about 10% of the nation's estimated 123 million "non-woodland" trees.Ash is deemed to be a very important species within the UK's hedgerows and accounts for about for about 10% of the nation's estimated 123 million "non-woodland" trees.
The common ash is a large deciduous tree that can reach heights in excess of 40 metres (130ft). It can live up to 400 years but coppiced trees can live for centuries longer. The species is wind pollinated, and the seeds (known as keys) are primarily dispered by the wind. The common ash is a large deciduous tree that can reach heights in excess of 40 metres (130ft). It can live up to 400 years but coppiced trees can live for centuries longer. The species is wind pollinated, and the seeds (known as keys) are primarily dispersed by the wind.
As the species is long-lived, it is important for wildlife. It supports specialist deadwood species, such as the lesser stag beetle and hole nesting birds, including owls and woodpeckers.As the species is long-lived, it is important for wildlife. It supports specialist deadwood species, such as the lesser stag beetle and hole nesting birds, including owls and woodpeckers.
Ash woodlands have light, open canopies, so are an important habitat for flora such as bluebells and ramsom. Birds like bullfinches feed on the trees' seeds. Ash woodlands have light, open canopies, so are an important habitat for flora such as bluebells and ramsoms. Birds like bullfinches feed on the trees' seeds.
Also, ash provides an important habitat for more than a quarter of Britain's lichen, including nearly 14% of the nationally rare and nationally scarce species.Also, ash provides an important habitat for more than a quarter of Britain's lichen, including nearly 14% of the nationally rare and nationally scarce species.
Upland mixed ash woodlands are listed as a priority habitat under the UK Biodiversity Action Plan.Upland mixed ash woodlands are listed as a priority habitat under the UK Biodiversity Action Plan.
Martin Ward, the UK's chief plant health officer with the Department for the Environment, Food and Rural Affairs (Defra), said ash dieback disease was not spreading but acknowledged that "we're probably not going eradicate it".Martin Ward, the UK's chief plant health officer with the Department for the Environment, Food and Rural Affairs (Defra), 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."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.""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 first identified in UK nursery stock in March this year the "important thing then was to track down that... stock, to destroy these isolated findings in recent plantings".He told Today when the disease was first identified in UK 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.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.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.A spokesman for Defra said: "Hundreds of staff members from government agencies have been investigating sites across the UK.
"They have examined around 2,500 blocks of land, each 10 kilometres square, where mature ash trees are known to be present, in order to seek out traces of the disease in our established trees."They have examined around 2,500 blocks of land, each 10 kilometres square, where mature ash trees are known to be present, in order to seek out traces of the disease in our established trees.
"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.""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 gadget Disease summit
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. The prime minister's official spokesman has confirmed that Environment Secretary Owen Paterson will host a summit on ash dieback on 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. He said the meeting, involving tree health experts and other "key stakeholders", would provide updates on the problem and what was being done to tackle it.
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. "We are taking this issue very seriously," he added.
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. "What is important is that we focus on the action we can take now to try and limit the effects of the disease."
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. He acknowledged that there were questions about how the government handles "different animal and plant diseases".
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. "That is why Owen Paterson set up this taskforce to look at how we handle plant diseases," he told journalists.
But environment minister David Heath denied there had been any cutbacks "applied to plant health and tree health". "One of its jobs is to ensure that we are as well prepared as we can be in the future to deal with this kind of problem."
On the issue of compensating affected horticultural businesses, he said that it would be "dealt with ultimately by the courts".
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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