Vol. 520 No. 2
54 Mr. Howlin asked the Minister for Arts, Heritage Gaeltacht and the Islands if she will list the EU directives for which she has responsibility which have yet to be implemented; if she will list those directives in respect of which the EU Commission has taken legal action or opened infringement proceedings against Ireland for non-implementation; the current position in regard to each of the directives; and if she will make a statement on the matter. [15314/00]
As I stated in my previous replies to questions on 1 February 2000 and 2 March 2000, reference numbers 2323/00 and 6304/00 respectively, my Department has responsibility for implementing the EU Habitats Directive 92/43/EEC and the EU Birds Directive 79/49/EEC, and I am pleased to inform the Deputy that both directives are being implemented. However, the EU Commission initiated legal action against Ireland for failure to transmit a full list of special areas of conservation as required under the EU Habitats Directive. When the Government came into office in 1997, I discovered that none of these sites were formally transmitted to the EU Commission. I also came to the conclusion that inadequate consultation with landowners, and land rights owners, had occurred and the opportunity of landowners to avail of appeals procedures should be provided. Since coming into power I have established an independent board to advise me in respect of objections to the proposed designations submitted, on specific grounds, by land owners and land rights holders. In addition, my Department has requested landowners and land rights holders to establish liaison committees for each site as a forum where difficulties that may arise can be dealt with speedily.
I have since transmitted 264 sites to the Commission and a further 58 sites are currently under appeal. I have recently advertised an additional 41, largely marine, sites. I am also looking at the possibility of including some additional raised bog sites and some sites for salmon. The Deputy will be aware that once sites are published they are protected under Irish law.
I believe that the long-term viability of these sites for nature conservation purposes requires my Department to secure the co-operation of landowners and land users, prior to including lands in the European network of sites. Accordingly, I do not propose to formally transmit any site until the objections relating to each one are dealt with.
In addition, a reasoned opinion has been issued in respect of over-grazing, particularly in regard to the Owenduff/Nephin Beg site in the context of the Birds Directive. Despite a full response outlining steps taken to deal with the matter, I have recently been informed that the Commission intends to pursue legal action.
In respect of the Birds Directive (79/409/EEC) the Commission has initiated proceedings against Ireland for non-implementation. This case is being vigorously defended by my Department.
