Oireachtas Joint and Select Committees

Tuesday, 16 December 2014

Joint Oireachtas Committee on Agriculture, Food and the Marine

Hen Harrier Special Protection Areas

3:30 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour) | Oireachtas source

The delegates are members of various farming organisations. What have they done to take up the cause on their behalf? Representative bodies should be fighting this. I am from the midlands and am familiar with callows and wetlands, which are the equivalent of the designated areas in question. I have been deeply involved with cases in this regard and fought the odd one fairly successfully.

On the sterilisation of land by the ESB without appropriate compensation, I refer to a basic principle decided by the Supreme Court. Designation seems to be the equivalent in that one does not get compensation. As far as I can gather from the presentation, fewer than 1% of the affected farmers have gained compensation. That statistic is horrendous and frightening. The matter arises owing to environmental restrictions linked to the protection of the hen harrier bird of prey. The population of the bird seems to be declining according to the recent study of 2010, as referred to by the delegates. It would be interesting to learn what a study from 2014 or 2015 would state. The delegates are basically being left in limbo. In terms of securing fairness, justice and equity, this is an absolute disgrace. To have been left in limbo for some years is pretty appalling for anybody.

The delegates' case is well made. They seek the payment of fair and proper compensation for landowners due to losses likely to arise as a result of their lands being included for designation as a special protection area.

Documentary evidence has been provided on the negative impact of designation on the sale value of land. One cannot even plant forests in the designated area. The significant evaluation amounts to sterilisation.

Have the delegates sought legal advice on the impact? I would be interested in seeing where that will go. If the potential of the land to be utilised is severely affected, this surely must be taken into account. One cannot carry on reseeding or with normal improvements because of the sensitivities at play.

I am not very familiar with the threat response plan to which Deputy O'Donovan referred. He indicated there could be further restrictions. That is a frightening scenario. Somebody in the midlands is not affected but could be. It is important that we fight for everybody across the country, irrespective of their location. That is why I am here.

What support has IFDL got from the wider farming community? Just because only 4,000 farmers are affected does not mean this cannot reach out in various ways to the 100,000 or so farmers out there. Before Deputy Fitzmaurice came in here I was always a strong advocate for rural people because many of these measures are imposed by people who have no knowledge of the impact or consequences they have on people in rural Ireland who are trying to eke out a living in difficult circumstances, often not of their own making. Many are isolated too. I support any measure but it has to be done within the context of this special protected area, SPA, with respect to European as well as national law.

There is a negative impact on the witnesses’ legal rights. That may have its own consequences for the implementation of any plan.

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