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Wildlife Regulations

Dáil Éireann Debate, Tuesday - 12 July 2022

Tuesday, 12 July 2022

Questions (397, 398, 399, 401, 408, 409, 410, 411)

Louise O'Reilly

Question:

397. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage his reasons for continuing to refuse to derogate from the general scheme of legal protection of wild birds in the interests of public health and safety; and the reason that he extended the 2021-2022 derogations for three months and in so doing inflicting another high-density urban gull breeding season on identified impacted communities. [37224/22]

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Louise O'Reilly

Question:

398. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that Natural England has now fully implemented its new urban gull policy that it announced in February 2020 (details supplied); the reason that he and his Department despite having identical primary legislation in the Wildlife Act 2000 as amended, continue to refuse to provide any protection to communities in the State that are severely impacted by high-density urban gull colonies; and the reason that a lower standard of public health and safety protection is being applied by his Department.; and if he will make a statement on the matter. [37226/22]

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Louise O'Reilly

Question:

399. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if his Department and the National Parks and Wildlife Service retain all files and records pertinent to the research, consultation and preparation work for the drafting and approval of S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986; if not, if these materials were lodged with the National Archives under the 30-year rule applicable to all Departmental records; if materials were lodged with the National Archives, if he will provide a copy of the file reference number; if these materials are retained in his Department or the National Parks and Wildlife Service the reason that they have not been lodged with the National Archives; and if so, if he will provide a copy of the materials. [37230/22]

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Louise O'Reilly

Question:

401. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Questions Nos. 226 and 227 of 31 May 2022, if his attention has been drawn to the fact that a 17-page formal complaint dealing with extremely serious matters that was submitted by persons to his Department on 23 February 2022 has neither been acknowledged nor replied to; and if he can advise on when a reply will issue. [37233/22]

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Duncan Smith

Question:

408. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he has the legal and operational responsibility on behalf of Ireland as a Member State for taking the requisite measures to maintain the population of bird species (details supplied) particularly in the interests of public health and safety; the means by which his Department would and will adapt the population of urban herring gulls in accordance with the specified criteria; and if these legal responsibilities are borne by any other State body or non-State body in which case if will he identify any such other body. [37327/22]

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Duncan Smith

Question:

409. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the role and actions that he envisages being taken by the National Parks and Wildlife Service, local authorities and or any other State or non-State organisation towards the clear legal requirement for Ireland to take measures to maintain and adapt the population of urban-colonising herring gulls (details supplied). [37328/22]

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Duncan Smith

Question:

410. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 604 of 27 July 2021, when a comprehensive response will issue. [37329/22]

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Paul Murphy

Question:

411. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that those on a social welfare income are being refused homeless HAP due to the assumption that they will not be able to cover the extra rent that would be needed to obtain a place in Dublin and be able to pay for other necessities for example heating bills, electricity or food; if his attention has been drawn to the fact that persons are being made homeless as a direct result of this policy (details supplied); the way that he plans to resolve this issue; and if he will make a statement on the matter. []

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Written answers

I propose to take Questions Nos. 397 to 399, inclusive, 401 and 408 to 411, inclusive, together.

The existing Wild Bird Declarations were extended by a period of three months to 31 July 2022 to allow for the completion of the review of submissions received as part of the public consultation process, the receipt of legal advice and other internal discussions in relation to species included in the Declarations for the coming year.

I have now signed two new Declarations, one general and one relating to air safety, that reflect Article 9 of the Birds Directive and these will operate from 1 August 2022 to 30 April 2023. These are available on the NPWS website: www.npws.ie/legislation/eu-directives/birds-directive/eu-birds-directive-article-9-derogations.

An individual may apply for a licence under Section 42 of the Wildlife Acts at any time of the year to take appropriate steps to stop serious damage being caused by a protected wild bird or animal. To date in 2022 my Department has received only one application for such a licence to remove a nest from a private residence.

It should be noted that my Department does not own the urban gull population and is not responsible for the management of urban gull populations generally. Gulls are like other wild birds in this country and it is not part of the remit of my Department, nor indeed would it be generally possible, to control their nesting habits and remove them from all private buildings. In the case of gulls on private property, management is a matter for the relevant property owner.

Building on the success of Seabird 2000, my Department is collaborating with counterparts in the UK, including in particular the Joint Nature Conservation Committee (JNCC), to update the census of all seabirds breeding in Ireland and Britain. A significant amount of fieldwork and preliminary reporting on a nationwide survey of Ireland’s breeding urban gull populations occurred during 2021. National estimates of urban gull populations are not yet finalised, as the analysis is part of this combined initiative that is to be reported on in due course.

On foot of the reply to Questions No. 289, 246 and 290 to 295 of 28 June 2022, a letter has issued to the Deputy, and the receipt of the other correspondence has been acknowledged and a further response will issue in due course.

Question No. 398 answered with Question No. 397.
Question No. 399 answered with Question No. 397.
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