I propose to take Questions Nos. 277 to 284, inclusive, together.
The EU Birds Directive is implemented in Ireland under the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011. Under the terms of the Directive, all Member States of the EU are bound to take measures to protect all wild birds and their habitats. Under Article 9(a), Member States may derogate in the interests of: public health and safety; air safety; to prevent serious damage to crops, livestock, forests, fisheries and water; and for the protection of flora and fauna.
These derogations are achieved by way of declarations, which are made on an annual basis, under the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986, as amended, which allow the capturing and killing of some listed bird species in certain situations. There are no specified formats for, nor specified sources from which, relevant information which may be considered in this regard. The declarations are made under the legislation by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs and there is no voting process involved.
The herring gull, the greater black-backed gull, the lesser-black-backed gull, the starling and the sparrow, while listed in the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986, are not currently included in the derogations. A review of the derogations is scheduled for 2018, as advised to the EU Commission, and this will take account of all relevant factors, including perceived threats, distribution and population data available on the bird species in the derogations. The review will include a public/stakeholder consultation element. In the meantime, species can be added to or dropped from the derogations list, depending on new information available at the time of making annual derogations.