I propose to take Questions Nos. 975 and 976 together.
The Birds Directive is implemented in Ireland under the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011. Under the terms of the Directive, all Member States of the EU are bound to take measures to protect all wild birds and their habitats. Under Article 9(a) Member States may derogate in the interests of public health and safety; air safety; and to prevent serious damage to crops, livestock, forests, fisheries and water; and for the protection of flora and fauna.
These derogations are achieved by way of declarations, which are made on an annual basis, under the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986, as amended, which allows the capturing and killing of some listed bird species in certain situations.
I signed two declarations recently effective from 1 May 2017 to 30 April 2018; one allowing the capturing and killing of certain bird species to prevent serious damage to crops, livestock etc and the second declaration relating to air safety.
A major review of the derogations is scheduled for 2018, and this will take account of all relevant factors, including perceived threats, distribution and population data available on the bird species in the derogations. The review will include a public/stakeholder consultation element and will also examine the implementation of the derogations in other EU Member States. Terms of Reference for the review are currently being examined in my Department.
