Dáil Éireann Debate, Tuesday - 24 February 2015
295. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine if he has sought the advice of the Attorney General on the constitutionality of his actions to comply with hen harrier designation, in view of the fact that as a result of his designation these farms have become worthless as there is an opinion that without proper compensation there is a breach of their constitutional rights to private property. [7988/15]
View answerThe designation of land under the EU Birds Directive (Directive 2009/147/EC on the conservation of wild birds ), is a matter for the Minister for Arts, Heritage and the Gaeltacht in the first instance. The National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht has designated six Special Protection Areas (SPAs) under the Birds Directive for the protection of hen harriers in Ireland. Where such designation exists, restrictions apply to any type of development which may negatively impact on the conservation of the species. In accordance with the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), any plan or project that is not directly connected with, or necessary to, the management of an SPA site designated under the Birds Directive but is likely to have a significant effect thereon, may only be permitted following an appropriate assessment of the implications of the plan or project for the SPA in view of the site's conservation objectives. Only after having ascertained that the plan or project will not adversely affect the integrity of the site concerned, can a plan or project be permitted to proceed.
