I propose to take Questions Nos. 976 to 982, inclusive, together.
My Department is currently undertaking a review of the derogation process under Article 9 of the EU Birds Directive which will take account of all relevant factors, including perceived threats, distribution and population data available in respect of all the bird species in the derogations. ANIAR Ecology were appointed by my Department to undertake the review following a public tendering process. My Department has received a draft of the final report from the consultants and following consideration of the draft report by my Department the final report will be concluded.
An interim report was received from the consultants in April, which included recommendations in respect of the derogation process, including in relation to the 2018/19 declarations. The consultants indicate in their interim report that the inclusion of gulls in the derogation is challenging in terms of compliance with the Birds Directive on the basis of their view that an analysis of other possible solutions needs to be set out and reviewed, the status of the herring gull is unfavourable and the effects of mitigation actions taken on the gull species concerned are not measurable. While the inclusion of gulls in the derogation was limited to the Balbriggan area only for a limited trial period and does not involve the actual culling of gulls, I will take full account of the consultants' views in the context of future derogations and following consideration of the consultants final report, a draft of which has been sent to my Department.
My Department has received representations from the local community group referred to in relation to the interim report. This report has already been published on the website of the National Parks and Wildlife Service of my Department.
Following consideration of the consultants' final report, my Department will engage with relevant stakeholders.
The ultimate statutory authority on the derogations resides with me.