Dáil Éireann Debate, Wednesday - 26 January 2005
1380 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if the regional manager and deputy regional manager of the north eastern region, of the national park and wildlife service reported that the Ward Union Hunt Club should not be granted a licence to hunt its captive farmed deer in the 2004-05 season; the reason their professional advice was ignored; and if he will make a statement on the matter. [1953/05]
View answer1381 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the reason a licence was granted to the Ward Union Hunt Club to hunt its captive farmed deer in contravention of the Wildlife (Amendment) Act 2000, wherein wild animals are clearly defined. [1954/05]
View answer1382 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if the opinion of the Attorney General was sought before granting a licence to the Ward Union Hunt Club for the 2004-05 season in view of the definition of wild animals contained in the Wildlife (Amendment) Act 2000; and if he will make a statement on the matter. [1955/05]
View answerI propose to take Questions Nos. 1380 to 1382, inclusive, together.
Section 26(1) of the Wildlife Act 1976 provides that the Minister for the Environment, Heritage and Local Government may grant to the master or other person in charge of a pack of stag hounds, a licence authorising the hunting of deer by that pack, during such period or periods as is or are specified in the licence. Legal advice was obtained through the Attorney General's office in 1999 confirming the long-standing interpretation of section 26, to the effect that it provides for the licensing of carted deer hunting irrespective of the status of the deer, wild or captive.
Two regional wildlife officials of my Department raised legal issues in prospect of the 2004-05 season relating to possible implications of a definition of "wild animal" in the Wildlife (Amendment) Act 2000, that is, that if the deer hunted by the Ward Union hunt were not covered by that definition, the hunt might not, in consequence, require a licence under the Wildlife Acts. This issue was carefully considered in my Department and the conclusion was that since the term "wild animal" was nowhere used in section 26(1) of the Wildlife Act 1976, the operation of that provision could not be considered to be affected by the issue raised. On this basis, it was determined that the Ward Union hunt required to be licensed and a licence was granted for the 2004-05 season.
