Wildlife Regulations

Dáil Éireann Debate, Tuesday - 28 September 2021

Tuesday, 28 September 2021

Questions (372)

Louise O'Reilly

Question:

372. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he is satisfied that the 2021-2022 declarations are legally compliant with the 1979 birds directive with regard to annual State-wide wild bird derogation declarations (public health and safety); and if, in view of expert legal advices acquired by his Department (details supplied), he is satisfied that the legitimate interests of public health and safety in Article 9.1a of the 1979 Birds Directive are being adequately protected by his Department’s processes and its implementation of the governing legislation. [46605/21]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The annual declarations are made first and foremost under Article 9 of the Birds Directive.

The annual declarations have traditionally been made only under the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986), there is also provision under regulation 55 of the European Communities (Birds and Habitats) Regulations 2011 (S.I. No. 477 of 2011) in relation to the Article 9 derogations. One key difference between the 1986 Regulations and the 2011 Regulations is that the latter includes a requirement specified in Article 9 of the Birds Directive for there to be “no other satisfactory solution” in the context of derogations.

My Department, having reviewed the position of the legal basis for the derogations, made the Declarations this year to invoke the powers conferred by both sets of regulations.