Dáil Éireann Debate, Tuesday - 24 February 2015
639. Deputy Áine Collins asked the Minister for Arts, Heritage and the Gaeltacht if she has sought the advice of the Attorney General on the constitutionality of her actions to comply with hen harrier designation, in view of the fact that as a result of her 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. [7987/15]
View answerIreland, like all EU Member States, is bound by the requirements of the Birds and Habitats Directives. This is a legal obligation and a number of EU Member States, including Ireland, have been subject to adverse judgements of the Court of Justice of the EU (CJEU) in relation to failures to fully comply with the Directives.
The Hen Harrier was a key issue in the judgment of the CJEU in 2007 against Ireland in the “Birds Case” for failure to provide adequate protection for wild birds. In that context, Ireland designated six Special Protection Areas (SPAs) for the conservation of the Hen Harrier in 2007. This case remains open, with the continuing possibility of reputational damage and fines being imposed on Ireland if it is not seen to be in compliance with the judgment.
The designation of land under the Directives has been tested in the Irish courts on a number of occasions. While the nomination of a site for designation as an SPA or Special Area of Conservation (SAC) may have an impact on the manner in which certain lands may be farmed, the designation does not mean that the lands are subject to blanket restrictions, although they must be managed appropriately.
There is significant funding available via the Basic Payment Scheme and agri environment schemes (operated by the Department of Agriculture, Food and the Marine) to assist farmers in meeting the requirements of the Birds and Habitats Directives. Participation in the Basic Payment scheme requires farmers to abide by the statutory requirements relating to Special Protection Areas and Special Areas of Conservation. Furthermore, my colleague the Minister for Agriculture, Food and the Marine announced this week that he was extending GLAS+ to all farms identified as habitats of endangered birds, including the hen harrier. This means that all such farmers will be able receive up to €7,000 a year, if the area they have to manage is large enough.
My Department, in partnership with other stakeholders, is working on a Threat Response Plan, which is intended to improve the prospects for the Hen Harrier, while bringing clarity to wider issues of concern for landowners and farmers. It is intended to examine all issues at hand, including forestry consents, planning permissions for wind farms and financial supports for farmers, with a view to determining the appropriate course of further action. The Threat Response Plan will be key in ensuring the long-term conservation of the Hen Harrier.
