asked the Minister for Tourism, Fisheries and Forestry the reason he has placed vermin such as grey crow, magpies and pigeon on the protected species list; if he is aware of the damage that this regulation will do to game stocks released by gunclubs to tillage farmers and tourist interests; and if he will indicate the time-scale he proposes applying to the ban.
Written Answers. - Protection of Wildlife.
34.
Protection of the wild birds referred to by the Deputy was determined by EC Council Directive No. 79/409 which provides inter alia for the regulation and control of the hunting and killing of wild birds naturally occuring throughout the Community. The implementation of this directive in Ireland was deemed to be affected by the Wildlife Act, 1976, and the EC Commission was so informed at the time.
Recently, however, the Commission ruled that the protective provisions of the Wildlife Act contravened certain provisions of the Council's directive in that the bird species mentioned in the Third Schedule to that Act were not protected. These included the carrion crow, greater black-backed gull, herring gull, hooded (grey) crow, house sparrow, jackdaw, jay, lesser black-backed gull, magpie, pigeons (other than racing homing pigeons or doves), rook and starling.
Following prolonged discussions between the Commission and officials of my Department and the Attorney General's office, it was decided in order to meet the Commission's ruling to amend the Wildlife Act by removing the 12 species from the Third Schedule. This was done by means of the European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1985, which came into operation on 6 December 1985.
I would like to explain, however, that the Council directive permits derogation from its protective provisions in the interests of public health, public and air safety, the prevention of serious damage to crops, livestock, forests, fisheries and water and the protection of fauna and flora. This derogation is given effect by certain provisions of the Wildlife Act which enable persons to apply to my Department for permission to take appropriate action to protect property of the kind mentioned. Also in circumstances where urgent action is required to prevent damage, the Act includes a "good defence" provision.
My Department are currently examining what further steps may be necessary in order to ensure that the terms of the derogation permited by the Council directive are operated fully and in a reasonable manner.