Síle de Valera
Question:14 Miss de Valera asked the Minister for Arts, Culture and the Gaeltacht whether he has satisfied himself that Ireland is complying with the wise use principle enshrined in the 79/409 Birds Directive. [3155/96]
Ceisteanna—Questions Oral Answers. - EU Birds Directive.
The Council Directive on the conservation of wild birds (79/409/EEC), known as the "Birds Directive", requires member states to take measures to protect all wild birds and to preserve a sufficient diversity of habitats for such species to maintain populations at an ecologically sound level. The principles of "wise use" as applied in this country are very wide but I assume the Deputy is referring to Article 7(4) of the birds directive which states that member states must ensure that the practice of hunting "... complies with the principles of wise use and ecologically balanced control of the species of birds concerned...". This is the concept of "wise use" or "sustainable yield" whereby the yield taken from the population through hunting on an annual basis does not compromise the survival of the population. The conservation requirements of the species are met through the provision of a limited hunting season under section 24 of the 1976 Wildlife Act. This restricts the hunting of the species by native and foreign hunter alike.
The following are the measures in force. First, game species and the periods when they may be hunted are included on the Open Seasons Orders, 1979 to 1995. While traditional in origin they are primarily determined by the conservation status and needs of the species concerned with due regard to the principle of wise use. This is reviewed annually. For example, the grey partridge was removed from the open season hunting list for the 1995-1996 hunting season on conservation grounds.
Second, hunters must hold a valid firearm certificate and hunting licence and have the permission of the land-owner. I understand that 77,000 shotgun certificates or hunting licences were issued to native hunters in the year ended 31 July 1995, the last year for which figures are available. The figure for foreign hunters is 3,100 in the year ended 31 December 1995. In addition, significant controls and procedures are and have been in place for some time for shooting by foreign hunters. There is no evidence to suggest that current levels of hunting, by native or foreign hunters, are impacting adversely on the conservation status of the species or are in breach of the principle of wise use.
New measures proposed include the preparation of the draft heads of a Bill to amend the Wildlife Act, 1976, which is being undertaken in my Department and which I hope to introduce in the Oireachtas later this year. The amending Bill will, where necessary, strengthen the existing law to ensure protection of threatened species.
Those who are not interested or do not know much about this directive might think this issue is quite frivolous but those of us who have taken an interest in it will know that the National Association of Regional Game Councils has 22,000 members throughout the country. I am sure the Minister will agree that this organisation has achieved a great deal for education and conservation in relation to this matter. Is the Minister aware that the NARGC has been deeply concerned for many years about the threat to the populations of migratory game species because of the commercial exploitation by tourist shoot promoters and their foreign clients? Is he aware that the most serious aspect is that tourists are interested only in hunting migratory birds? What action does he intend to take to deal with abuses perpetrated against wildlife by foreign shooters?
I am anxious to give the Deputy as much information as possible within the limited time available. We will have to put in place additional protective measures following the signing of the African Eurasian Migratory Waterbird Agreement which this country proposes to sign. Under the terms of the agreement sustainable hunting of many migratory game species will take place only in accordance with a management plan agreed between the range states. The agreement has been approved by Cabinet and certified by the Tánaiste and Minister for Foreign Affairs. Our Ambassador to the Hague will sign the agreement on behalf of Ireland in a month or so. I am aware of the matters raised by the Deputy and of the work being carried out by the National Association of Regional Game Councils. I am due to attend a meeting of the Joint Committee on European Affairs on 20 February at which I will address the issues raised by the NARGC.
What action does the Minister propose to take to deal with the regular breaches by tourists of the firearms legislation, the nub of the question? On 28 March 1994 the NARGC raised with the Minister the legality of the licensing system but to date it has not received a satisfactory reply. The Minister is ignoring his statutory obligation to vet the people to whom he gives a permit to carry a firearm on Irish soil. Will he immediately review this issue and give an assurance that this situation will no longer pertain and that tourists will have to meet certain criteria? It may be argued that the NARGC is anti-tourist but this is most certainly not the case, as can be seen from the tremendous promotional work it has carried out. Tourists should be required to meet the same criteria as Irish citizens.
I am aware from reports that litigation is forthcoming on this matter. I do not want to interfere with people's rights in this regard but I do not agree that there is widespread abuse of the legislation. I have discussed the matter with the Minister for Justice who is responsible for the firearms legislation and she is happy with it. I am anxious to be positive and I am not suggesting that the NARGC is anti-tourist — I will discuss its concerns at the meeting of the Joint Committee on European Affairs. In drafting the heads of the legislation to amend the Wildlife (Amendment) Act, 1976, I will look at those subsections which may give rise to the need for parallel amendments to the firearms legislation. My officials have had discussions with officials of the Department of Justice in this regard.