Dáil Éireann debate -
Thursday, 3 Dec 1998

Vol. 497 No. 7

Adjournment Debate. - Habitat Protection.

Mr. Sargent

Chuir mise ceist i mí Márta 1993 faoin Acht um Fhiadhúlra a leasú. Tugadh geallúint dom go mbeadh sé ann roimh dheireadh na bliana. Idir an dá linn tá scrios as cuimse déanta ar na portaigh, ar cheantair in aice leis an gcósta agus in a lán áiteanna a bhfuilimid in ainm is a bheith ag cosaint.

Five years on we have come to the end of another year with still no sign that the Minister has expended the necessary effort to publish this Bill. Instead of positive and hopeful signs, is the Minister presiding over an unprecedented wave of wildlife destruction, habitat loss and the degradation of natural landscapes? This wave of destruction is particularly affecting coastal areas, sand dunes and wetlands. Boglands, raised and blanket, are equally under threat and are disappearing at a fast pace all over the country.

Hedgerows are also a target for destruction, in particular, in areas where measure 5 of REPS is being implemented under the disastrous interpretation of the Department of Agriculture and Food, a different Department from the one dealing with this matter, but worthy of attention in the wildlife Bill. Hedgerows in Ireland create a unique habitat for wildlife. The hedgerow provides the food and shelter for species without which the country would be seriously deprived. Ironically, hedgerows are under threat from a measure that was put in place to contribute to the protection of our environment.

I pay tribute to the practical and campaigning work done on this issue by the CRANN organisation and, in particular, the local hedgerow project in County Leitrim. The absurdity of encouraging and financing the destruction of a natural feature of the natural landscape under the rural environment protection scheme is striking. In 1950, when many of the Ministers opposite were very young, we had more than 300,000 hectares of raised boglands. Today the number has dwindled to 20,000 hectares. The remaining bogs represent the best examples of such peatland left in Europe, but the lack of protection and legislation will again see the continued destruction of this important part of our national heritage.

In July 1916, Roger Casement wrote of his landing at Banna Strand and of the impression he had of the sandhills "full of skylarks arising in the dawn". They are a sad sight today. Banna Strand is under serious threat from destruction, despite strong representations from the Banna-Carrahane environment protection group to the Minister for Arts, Heritage, Gaeltacht and the Islands, Deputy de Valera, the Minister for the Marine and Natural Resources, Deputy Woods, and the Minister for the Environment and Local Government, Deputy Dempsey.

Instead of positive action to protect these characteristic features of the unique Irish landscape, we have destructive inaction. The loss of political will, direction or nerve that has delayed the introduction of the Wildlife (Amendment) Bill is not only showing disregard for our natural environment, but also demonstrates a failure to comply with its commitments under EU law to implement the bird directive and the habitat directive. These are commitments which will land us in court and for which the Government will have to answer on behalf of the people. If the Government is not in a position to introduce this long awaited Bill, will the Minister — and this is the point of my raising this matter on the Adjournment — at least acknowledge that interim measures are required to stop the unprecedented destruction of wetland, dune and hedgerow habitats which are unique to our country?

In relation to that interim arrangement and the moratorium on measures which will further destroy these areas, may I ask that the appeals board, arising from the implementation of the habitat directive, which it seems is something like a vandals charter, not just accept appeals with material interests, but also with wider ecological interests at stake? It should be allowed to increase areas, rather than being restricted, as at present, to reducing areas of interest. That will obviously encourage people who are interested in destroying these areas to appeal their cases so that such areas can be less protected. Ireland is the worst EU member state, the vandals of Europe, when it comes to habitat protection. I appeal to the Minister of State to ensure the Government introduces interim measures for a moratorium on the destruction of wetlands and other important habitats pending the introduction of the legislation.

Minister of State at the Department of Arts, Heritage, Gaeltacht and the Islands (Éamon Ó Cuív)

Ba mhaith liom buíochas a ghabháil leis an Teachta Trevor Sargent as an cheist seo a árdú agus tuigim an bhuairt atá air i dtaobh na ceiste. Caithfidh mé a rá go bhfuil mí-thuiscint freisin maidir leis an stádas dlí.

Ba mhaith liom a rá leis an Teachta i dtús báire go bhfuil céimeanna suntasacha glactha cheana féin chun na láithreáin éiceolaíochta is tábhachtaí in Éirinn a chosaint. Tuigfidh an Teachta go bhfuil forálacha sonracha san áireamh san Acht um Fhiadhúlra, 1976, chun cosaint a thabhairt do speicis áirithe fauna agus flora, agus chun áiteanna dídine agus tearmainn don fhiadhulra a bhunú agus a chothabháil.

With regard to the EU Birds Directive, more than 100 special protection areas, or SPAs as they are commonly called, have to date been designated under the directive. These designations provide protection for bird species and their habitats. Furthermore, the EU Habitats Directive, which requires the conservation of natural habitats and wildlife species through the designation of special areas of conservation, commonly known as SACs, was transposed into Irish law on 26 February 1997 by the European Communities (Natural Habitats) Regulations, 1997. Those regulations provide protection for both SACs and SPAs as important wildlife areas. The process of designating SACs in accordance with the regulations is well under way, in that the main part of what will be Ireland's SAC network — that includes more than 200 sites amounting to some 550,000 hectares, including wetland and dune habitats — has already been publicly proposed for designation.

Of the 207 proposed candidate SACs publicly notified to date, my Department has formally transmitted 48 to the EU Commission. An additional ten sites will be transmitted in the next few weeks. Further sites will be transmitted as the objections to the inclusion of private lands in them are dealt with. I emphasise, however, that all of those proposed candidate SACs are already afforded protection under the European Communities (Natural Habitats) Regulations, 1997. It must be acknowledged that it has not been possible to meet the timeframe set out in the habitats directive concerning the submission of the full list of candidate SACs to the European Commission. This was initially because of the delay in transposing the directive into national legislation and, subsequently, because the regulations provide all land owners and land users with an opportunity to object, on scientific grounds, to the inclusion of their lands in SACs. However, practical and effective conservation is already taking place in practice on the land included in the publicly notified sites and the non-transmission of the list has had no damaging conservation impact on those sites.

Maidir leis an mBille um Fhiadhúlra (Leasú), tuigfidh an Teachta go bhfuil an Bille sin geallta ag Rialtais éagsúla le breis agus dhá bhliain déag. Tá an ceart ag an Teachta maidir leis an méid sin, tá sé seo píosa fada ar bun. Mar a cuireadh in iúl don Teach seo cheana féin, in ainneoin na tuisceana a bhí tugtha go raibh an Bille geall is a bheith réidh le foilsiú sular tháinig deireadh le tréimhse oifige an Rialtais deiridh, ní hamhlaidh a bhí an scéil.

It was apparent to me and to the Minister, on consideration of the draft Bill, that the sections of it relating to the designation of natural heritage areas needed to be revisited, particularly in the context of the level of protection proposed in the draft legislation. In addition, significant sections of the Bill required examination and revision in the light of experience gained from the process of preparing the European Communities (Natural Habitats) Regulations, 1997. A number of issues which had been raised by the parliamentary draftsman's office also remained to be resolved.

In the light of these requirements, a working group was established within my Department for the purpose of comprehensively re-evaluating the draft provisions of the Bill and finalising all outstanding issues, some of which required the agreement of other Departments. The task faced by the working group was an onerous one, but I am pleased to inform the Deputy that very considerable progress has been achieved, most particularly in relation to issues which required the agreement of other Departments. It is only fair to point out, however, that some of the technical issues in the Bill proved more difficult to resolve than anticipated and other significant issues arose in the interim.

An Leas-Cheann Comhairle

The Minister of State's five minutes have concluded. Will the House agree to allow the Minister of State to continue? Agreed.

Éamon Ó Cuív

One such issue, for example, is that associated with the outcome of the High Court action in relation to the issue of firearm and hunting licences to non-residents, which led to the enactment of the Firearms (Temporary Provisions) Act, 1998, before the summer recess.

Ba chóir dom a rá freisin gur cuireadh tús le próiseas comhchomhairleoireachta le grúpaí leasmhara i ndáil leis an Bille — próiseas a bhí ag dul ar aghaidh fad is a bhí obair an Ghrúpa Oibre idir lámha.

As part of that process, both I and the Minister have met representatives of a number of non-governmental organisations and other interested parties, including Birdwatch Ireland, An Taisce, the Irish Wildlife Trust, the National Association of Regional Game Councils, the Irish Peatland Conservation Council, Coastwatch Europe and the Association of Game Shoot Operators.

Ó shin í leith, tá teagmháil á coimeád ag mo Roinnse leis na heagraíochtaí sin, mar is cuí.

I assure the Deputy that every effort is being made, in co-operation with the Office of the Attorney General, to ensure that the Wildlife (Amendment) Bill — which will improve laws for the protection of wildlife species and their habitats as well as providing statutory protection for the NHAs and affording protection for the first time to important geological and geomorphological sites — will be published at the earliest possible date.

I emphasise that Dúchas, the heritage service of my Department, has an ongoing wildlife monitoring programme in place which carries out regular surveys on all aspects of our wildlife, both flora and fauna. Endangered or protected wildlife and their habitats receive priority under this programme. In this regard, the Deputy will be pleased to know that approval was obtained recently to increase the wildlife ranger force by 30 rangers, which are being recruited at present, and to employ other additional back-up staff.

Sula chríochnaím, ba mhaith liom cúpla focal a rá faoi cheist na bhfálta, ós rud é go ndearna an Teachta tagairt sonrach dóibh sa rún a leag sé síos. Is féidir liom a rá leis an Teachta agus leis an Teach seo go dtuigim go maith an imní atá curtha in iúl ag dreamanna éagsúla faoi chaomhnú na bhfálta.

However, as stated in replies to questions in this House on a number of occasions, the need for any further possible legal or other measures is presently being considered in the context of the forthcoming amendment of the Wildlife Act, 1976, and the development of a national bio-diversity plan.

Ba mhaith liom buíochas a ghlacadh leat a Leas-Cheann Comhairle as ucht deis a thabhairt dom dul thar an am ach sílim go raibh an méid a bhí le rá agam tábhachtach agus tá mé cinnte go gcuideoidh an t-eolas atá tugtha agam don Teachta.