Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 3 Jul 1986

Vol. 368 No. 10

Written Answers. - Protection of Wild Birds.

80.

asked the Minister for Tourism, Fisheries and Forestry the reason it has been decided to protect such destructive vermin as the grey crow and the magpie; and if the announcement means that gun club members are debarred from shooting these.

Protection of the wild birds referred to by the Deputy was determined by EEC Council Directive No. 79/409 which provides inter alia for the regulation and control of the hunting and killing of wild birds naturally occurring throughout the Community. The implementation of this Directive in Ireland was deemed to be effected 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 enabled 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.

In so far as gun club members are concerned they may apply to the Department for permission or take urgent action as indicated where their property i.e. pen reared game birds, are being attacked, or where they act as agents of landowners whose livestock or crops are being damaged.

My Department is currently examining what further steps may be necessary in order to ensure that the terms of the derogation permitted by the Council Directive are operated fully and in a reasonable manner.

Top
Share