Wildlife Regulations

Dáil Éireann Debate, Tuesday - 13 June 2023

Tuesday, 13 June 2023

Questions (665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 728, 729, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744)

Duncan Smith

Question:

665. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he will provide a copy of all recommendations, briefing notes and supporting documents including legal advices, external and/or internal, provided to him by his Department in relation to the extension for eight months, to 31 December 2023 of the 2020-2023 general State-wide wild birds derogation declarations signed by him on 28 April 2023 (details supplied), with copies of all associated legally compliant regulations. [27277/23]

Duncan Smith

Question:

666. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the reason that new regulations (details supplied) were not ready for the 2023-2024 declarations that were due on 1 May 2023; and the reason it has apparently been necessary for him to continue to sign advisedly legally non-compliant regulations, which have a specific role in protection of public health and safety, for a number of years now. [27278/23]

Duncan Smith

Question:

667. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if new regulations pertaining to the protection of wild birds and derogations therefrom, specifically in the interests of public health and safety under the 1979 Birds Directive, are currently being drafted, with engagement with the Office of the Parliamentary Counsel to the Government; if so, when such new regulations will be published for scrutiny; and when they will be implemented. [27279/23]

Duncan Smith

Question:

668. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage when and by what means his Department intends to publish the results of its public consultation on the 2023-2024 wild birds derogation declarations. [27280/23]

Duncan Smith

Question:

669. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage whether his Department intends to conduct any consultations, for example, with Dáil Éireann and/or with the general public, in respect of new draft regulations for wild birds derogation declarations; and if so, if a date has been scheduled for this. [27281/23]

Duncan Smith

Question:

670. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he stands over his Department and the National Parks and Wildlife Service's long-standing and continuing legal requirement, backed up by a threat of fines and prosecutions, whereby parents, guardians or others who may be legally or otherwise responsible for the protection and wellbeing of infants, young children, elderly, vulnerable and/or immune compromised people, and for example, responsible for hygiene and infection control and/or the care of patients in medical centres or hospitals, except in Balbriggan only, must apply to his Department for a State licence to protect anyone in their care from seagulls that may be nesting in close proximity in significant numbers, species that are known to be aggressive and to swoop and attack people, and are the subject of stark public health warnings on three Government websites, including his Department's website for almost a year now. [27282/23]

Duncan Smith

Question:

671. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage will he confirm to the Deputy that measures that have been deployed as national policy since 1986 to lethally control several wild bird species (e.g. the Grey (Hooded) Crow, the Magpie, the Jackdaw and other species), have been implemented specifically to protect public health and safety under the "Member States shall protect, manage and control …(wild bird species)…" provisions of the Birds Directive, and does he accept - following the recommendations and evidence-based legal advices of his predecessor's Consultative Committee on urban gulls (2019-2021), and the results of his Department's Urban Gull Survey (2021), and internal legal advice (2022), that it is incumbent on the State to protect public health and safety from the officially recognised threats that are posed by seabirds nationally (Avian Flu), and rapidly expanding urban seagull colonies; and if he does so accept, can he state when will effective control measures be announced, how they will be deployed and, in particular, whether he will advise local authorities as to their responsibilities in the matter. [27283/23]

Duncan Smith

Question:

672. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he will assure that all new or amended regulations pertinent to the annual State-wide derogations from protections afforded to wild bird species will comply with the specific affirmation of the European Court of Justice (EU Commission vs. the King of Belgium 1985-87 Case No. 247) that the higher-ranking interests of public health and security must override the protection of birds and their habitats, as specifically catered for in Article 9.1.a, first indent, of the 1979 Birds Directive, and as specifically catered for in The Wildlife Act 2000 (Amended), Section 59 and in S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011. [27284/23]

Duncan Smith

Question:

673. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he and his Department accept that intense noise and faecal pollution for five months each year and serious attacks and blood injuries, including on children in schools in communities impacted by high-density urban gull colonies, are negative impacts far more serious than the impacts (details supplied) of small species such as sparrows and starlings, cited in the CJEU's judgement as justifying derogations in urban areas, and therefore that proactive general derogations are required in all such impacted areas listed in his Department's National Urban Gull Survey 2021. [27286/23]

Duncan Smith

Question:

674. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he will request his Department to provide requested information (details supplied) covering the period from the 2020-2021 declarations, that is, after the April 2020 Report of the Consultative Committee on Urban Gulls to the 2022-2023 extension of the declarations, in tabular form. [27287/23]

Louise O'Reilly

Question:

728. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will supply a complete copy of all recommendations, briefing notes and supporting documents (including legal advices - external and/or internal) provided to him by his officials in relation to the extension for eight months to 31 December 2023 of the 2020.23 General State-wide Wild Birds derogation Declarations signed by him on 28 April 2023 (details supplied), and copies of all associated legally compliant regulations. [27870/23]

Louise O'Reilly

Question:

729. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, in the light of his extension of the 2022.23 State-wide Wild Birds derogation Declarations to 31 December 2023, and NPWS's National Urban Gull Survey September 2021 - which his Department stated would inform urban gull policy, the as yet unimplemented recommendation in April 2020 from the Chair of the Consultative Committee (CC) on urban gulls that areas impacted by gulls should receive a public health and safety based derogation under the terms of the Birds Directive, the legal advices from the CC (August 2020 and February 2021), and the fact that three Government Department's websites, including his own Department's site, have posted stark warnings about public health risks from seabirds and their faeces for almost a year now, he will advise as to when and by what means he proposes to address escalating negative impacts and public health risks from urban gull colonies in the interests of public health and safety. [27871/23]

Louise O'Reilly

Question:

731. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will confirm whether new regulations pertaining to the protection of wild birds and derogations are currently being drafted; if the Office of the Parliamentary Counsel to the Government is involved in the drafting; and when the new regulations will be published and implemented. [27873/23]

Louise O'Reilly

Question:

732. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he can confirm when his Department intends to publish the results of its public consultation on the 2023.24 Wild Birds derogation declarations; if his Department intends conduct any further consultations in respect of new regulations pertaining to derogation declarations; and if he can assure that his Department will demonstrate transparency with regard to these matters similar to the publicity and transparency that characterised the recent species management and control policy development for the red deer population. [27874/23]

Louise O'Reilly

Question:

733. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will confirm that all new or amended regulations pertinent to the annual State-wide derogations from protections afforded to wild bird species will reflect the explicit affirmation by the European Court of Justice (EU Commission vs. the King of Belgium 1985-87 Case No. 247) that "the higher-ranking interests of public health and security must override the protection of birds and their habitats", as specifically catered for in Article 9.1.a), first indent) of the 1979 Birds Directive, and as specifically catered for in The Wildlife Act 2000 (Amended), Section 59 and S.I. No. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011. [27875/23]

Louise O'Reilly

Question:

734. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds General derogation Declarations, he will clarify whether he and his Department have accepted the independent legal advices (August 2020 and February 2021 acquired via his predecessor's Consultative Committee on urban gulls) that S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 are ultra vires the species control threshold in the 1979 Birds Directive whereby Member States "shall, (Articles 1 & 2)" protect, manage and control wild bird species "in the interests of public health and safety", and specifically that the 1986 Regulations' threshold for species control decisions viz. "represent a threat to public health and safety" is ultra vires; if he has received and accepted internal legal advice that agrees that the 1986 Regulations are ultra vires in the above contexts; and if so, when he received the internal advice. [27877/23]

Louise O'Reilly

Question:

735. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage given that the 2022.23 Annual State-wide derogation declarations due on 1 May 2022 were delayed for over two months, and given that legal advice was provided that S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 "did not properly transpose the Directive", he will explain the reason the new regulations were not ready in time for the 2023.24 declarations that were due on 1 May 2023. [27878/23]

Louise O'Reilly

Question:

736. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, given the CJEU's 1987 judgement in Case No 247 - the EU Commission vs Belgium, he accepts that noise and faecal pollution, serious attacks on people, including on children in their schools, from high density gull colonies, in Irish towns and cities, are negative impacts far more serious than the impacts of small species such as sparrows and starlings cited in the CJEU's judgement as justifying derogations, and therefore that proactive general derogations are required in impacted areas listed in his Department's National urban Gull Survey 2021 - viz. Balbriggan, Howth, Skerries, Drogheda, Bray and many parts of Dublin city and suburbs, "in the higher ranking interests of public health and security", in line with the CJEU Judgement. [27879/23]

Louise O'Reilly

Question:

737. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the species Herring Gull (Larus argentatus), Greater Black-backed Gull (Larus marinus), and Lesser Black-backed Gull (Larus fuscus). [27880/23]

Louise O'Reilly

Question:

738. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Hooded Grey Crow (Corvus corona) species. [27881/23]

Louise O'Reilly

Question:

739. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Magpie (Pica pica) species. [27882/23]

Louise O'Reilly

Question:

740. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Rook (Corvus frugilegus) species. [27883/23]

Louise O'Reilly

Question:

741. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Jackdaw (Corvus monedula) species. [27884/23]

Louise O'Reilly

Question:

742. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Wood Pigeon (Columba palumbus) species. [27885/23]

Louise O'Reilly

Question:

743. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Feral Pigeon (Columba livia) species. [27886/23]

Louise O'Reilly

Question:

744. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds derogation Declarations for the period 2020.21 to the 2023.24 extension of the 2022.23 Declarations inclusive, he will provide a summary of the evidence and advices considered, rejected, and the reasons for rejection, and accepted, and the reasons for acceptance, by his Department, including sources and the dates from when all such evidences and advices were available, in respect of the control decisions made regarding the Collared Dove (Streptopella decaocto) species. [27887/23]

Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 728, 729, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743 and 744 together.

The information requested regarding documents provided to me in relation to the extension of the Wild Bird Declarations is being compiled and will be forwarded to the Deputy in accordance with Standing Orders.

The National Parks and Wildlife Service of my Department has engaged with the Office of the Parliamentary Counsel on the new regulations and the draft is at an advanced stage. The current regulations, the European Communities (Wildlife Act, 1976)(Amendment) Regulations, 1986, are both legally valid and operational. In accordance with Section 3A of the European Communities Act 1972, the new regulations will be laid before the Houses of the Oireachtas as soon as possible after they are made. As the new regulations are not intended to change the law, no consultation is required. 

The results of the public consultation on the Wild Bird Declarations will be made available on the National Parks and Wildlife Service (NPWS) website when analysis of the results has been completed.

The management and control of protected wild birds in Ireland is carried out under the Wildlife Acts 1976, through the licencing system that is available e.g. Section 42 and Section 22(9)(d).

Matters relating to prohibiting the feeding of wild birds; correctly disposing of rubbish on our streets to make them less attractive and to discourage them from congregating in particular areas; any warning signage or publicity campaigns in relation to same is a matter for the local authority concerned.

Details of key elements of the evidence base that were available to NPWS to inform the Wild Birds Declarations 2023-2024 are outlined below:

• Lewis, L. J., Coombes, D., Burke, B., O’Halloran, J., Walsh, A., Tierney, T. D. & Cummins, S. (2019) Countryside Bird Survey: Status and trends of common and widespread breeding birds 1998-2016. Irish Wildlife Manuals, No. 115. National Parks and Wildlife Service, Department of Culture, Heritage and the Gaeltacht, Ireland. www.npws.ie/sites/default/files/publications/pdf/IWM115.pdf

• Ireland’s latest submission under Article 12 of the Birds Directive covering the period 2013 – 2018. cdr.eionet.europa.eu/Converters/run_conversion?file=ie/eu/art12/envxztxxq/IE_birds_reports_20191031-130157.xml&conv=612&source=remote#A045-A_W

• Balmer, D.E., Gillings, S., Caffrey, B.J., Swann, R.L., Downie, I.S. and Fuller, R.J., 2013. Bird Atlas 2007-11: the breeding and wintering birds of Britain and Ireland. Thetford: BTO.

• Keogh, N. T. & Lauder, A. W. (2021) National Urban Gull Survey 2021: Technical Report. National Parks & Wildlife Service of Department of Housing, Local Government & Heritage. www.npws.ie/sites/default/files/publications/pdf/national_urban_gull_survey_project%20report.pdf

• Cummins, S., Lauder, C., Lauder, A. & Tierney, T. D. (2019) The Status of Ireland’s Breeding Seabirds: Birds Directive Article 12 Reporting 2013 – 2018. Irish Wildlife Manuals, No. 114. National Parks and Wildlife Service, Department of Culture, Heritage and the Gaeltacht, Ireland. www.npws.ie/sites/default/files/publications/pdf/IWM114.pdf.

Question No. 666 answered with Question No. 665.

Question No. 667 answered with Question No. 665.

Question No. 668 answered with Question No. 665.

Question No. 669 answered with Question No. 665.

Question No. 670 answered with Question No. 665.

Question No. 671 answered with Question No. 665.

Question No. 672 answered with Question No. 665.

Question No. 673 answered with Question No. 665.

Question No. 674 answered with Question No. 665.