Written answers

Tuesday, 13 June 2023

Department of Housing, Planning, and Local Government

Wildlife Regulations

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

728. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

729. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

730. To ask the Minister for Housing, Planning, and Local Government if he will provide copies of all wildlife licences issued for controls of wild birds since and including 2018 to date. [27872/23]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

731. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

732. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

733. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

734. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

735. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

736. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

737. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

738. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

739. To ask the Minister for Housing, Planning, and Local Government 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]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

740. To ask the Minister for Housing, Planning, and Local Government 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]

Comments

No comments

Log in or join to post a public comment.