Duncan Smith (Dublin Fingal, Labour)
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672. To ask the Minister for Housing, Planning, and Local Government 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 (Dublin Fingal, Labour)
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673. To ask the Minister for Housing, Planning, and Local Government 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]