Dáil Éireann Debate, Thursday - 30 April 2015
6. Deputy Michael Fitzmaurice asked the Minister for Arts, Heritage and the Gaeltacht if she will state categorically on the record of Dáil Éireann that properly constituted special areas of conservation exist today; if she will identify on the record for Dáil Éireann one such properly-constituted special area of conservation; and if she will make a statement on the matter. [16847/15]
Amharc ar fhreagraI have searched in a legal sense and in all the official books in Ireland that tell us these things. For the record of the Dáil, SACs, special areas of conservation - I am not referring to candidate special areas of conservation, cSACs, or sites of community importance, SCIs, but SACs - do exist in Ireland. Will the Minister make a statement on the matter?
Natura 2000 is the centrepiece of European Union nature and biodiversity policy. It is an EU-wide network of nature protection areas established under the 1992 habitats directive. The aim of the network is to assure the long-term survival of Europe's most valuable and threatened species and habitats. The establishment of this network of protected areas also fulfils a community obligation under the UN Convention on Biological Diversity. The criteria for selecting sites eligible for identification as sites of community importance and designated as special areas of conservation are set out in annex III of the habitats directive.
The habitats directive has been fully transposed into Irish law by means of the Planning and Development (Amendment) Act 2010, as amended by the European Communities (Birds and Natural Habitats) Regulations 2011. These replaced the European Communities (Natural Habitats) Regulations 1997 to 2005 and have addressed deficiencies identified by the Court of Justice of the European Union in the transposition of the habitats and birds directives into Irish law.
Following the public advertising of the intention by Ireland to designate 429 special areas of conservation, those sites were transmitted to, and subsequently adopted by, the European Commission as sites of community importance or European sites. Legal protections, consummate with those set out in the habitats directive, have applied to the sites since initially proposed for designation and Ireland's planning and environmental legislation has operated under these designations.
The protections under the habitats directive ensure that no plan or project undertaken in the area or vicinity of any special area of conservation can be commenced without prior consultation with my Department and an appropriate assessment of the likely impacts on the habitats and species protected by the designation.
I have a good background in the whole designation process. I did not ask that question. The Minister talks about sites of community importance, SCIs, but from what she has said I take it there are no special areas of conservation, SACs, in Ireland. There are SCIs with legal protection but I am asking are there or are there not SACs, legally designated, in Ireland? From that answer I understand there are not.
There is-----
I asked a question.
Yes. There is a final, technical part to be addressed, which is the making-----
There are none at the moment in Ireland.
I will answer the question. There is a final technical part to be addressed, which is the making of a statutory instrument for each site. There is a programme in place to deliver that over the period ahead but the fact remains that the sites have full legal protection since they were initially proposed.
That is the situation and it is recognised in planning law and environmental legislation.
I am trying to establish that, until this legal technicality the Minister is going on about is done, there is no SAC in Ireland. She is making clear that the legal technicality has to be done.
I question other things the Minister said because there were certain time limits for it to be done but I understand what she has said and I thank her.
No, no. I am saying there is a process, which is fully in accordance with the law. There was full legal protection from the time of the initial proposal for designation. There is a final technical part to be addressed. That is the making of a statutory instrument and, in conjunction with the signing of the necessary statutory instruments formally designating sites, landowners, users and others who live in and around these sites will be notified again of the designation. The final phase of the designation process does not place any additional requirements on landowners or users who have already applied. It does not change anything. It is the end of a process.
I gather from what the Minister is saying that until that other process has gone through people may talk about SACs but they do not exist. There are other legal terms but until this legal process the Minister is talking about has been done, people are using the wrong word.
They do exist.
They do not.
They do exist in that they have full legal protection since they were initially proposed under planning law and the environmental legislation.
The term SAC does not exist. That is all I am asking about. The Minister may call them SCIs or whatever under legal protection but SACs will not exist until that bit of tweaking has been done.
They are still granted the full protection of the law.
