Ms Oonagh Duggan:

BirdWatch Ireland is grateful to the Cathaoirleach and members for giving it the opportunity to give evidence to the joint committee on the potential impacts of the proposed legislative changes contained in the Heritage Bill. I will speak first, after which my colleague, Mr. Alex Copeland, will make a contribution.

BirdWatch Ireland is the largest independent nature conservation organisation in Ireland. Established in 1968, we have more than 15,000 members and supporters and a local network of 30 branches nationwide. We are member supported and science based. The primary objective of the organisation is research and the protection of wild birds and their habitats in Ireland through the efforts of our staff, members and volunteers alike. We have branches or staff in every county, working locally and nationally to address conservation issues and protect birds and other biodiversity. We work with a range of rural stakeholders, including State agencies, farmer representative bodies, local community groups and other environmental organisations. Many of our staff and supporters live in rural areas and care passionately about the landscape and the protection of wildlife.

When the consultation exercise on section 40 of the Wildlife Act was launched in late 2014, BirdWatch Ireland welcomed the emphasis placed in the public consultation texts on the protection of biodiversity, particularly the statements "that any changes must be in line with Ireland's obligations to protect and enhance our habitats, birds and other species and not to increase the threat to them" and that "this will be an overriding consideration in any proposals for change". Unfortunately, these statements appear to have been misleading, at best, with little evidence of biodiversity protection forming the basis of consideration of the proposed changes in the Heritage Bill.

In this submission BirdWatch Ireland seeks to address a number of issues that have arisen through the consultation on section 40 of the Wildlife Act and in the subsequent proposals contained in the Heritage Bill. The provisions included in the Bill about which we are most concerned are sections 7 and 8 which will allow roadside hedge cutting in the month of August and the burning of vegetation on hills and mountains in the month of March. We will present scientific evidence which demonstrates the need to retain the existing dates for the closed seasons in the Wildlife Act. We call on all stakeholders who are concerned about the legislation, including farm organisations and hedge cutting contractors, to discuss the issues and agree on solutions that would be in compliance with the law.

With regard to the legal requirement on the State to protect its wild bird populations, the existing dates set for the burning of vegetation and the cutting of hedgerows are the six months starting from 1 September to the last day of February. These dates were set in 1976 and amended in 2000 by the Oireachtas to provide for the protection of birds at their most vulnerable time, namely, during the breeding and rearing season. Under European Union law, specifically the birds directive, and Irish law, specifically the Birds and Natural Habitats Regulations 2011, all wild birds are protected. Article 5 of the birds directive requires member states to establish a general system for the protection of wild birds. This law also prohibits the deliberate destruction of or damage to bird nests and eggs and prohibits the deliberate significant disturbance of birds, particularly during the period of breeding and rearing. Article 8 of the directive states member states shall prohibit the use of all large-scale or non-selective means which result in the killing or capture of birds or are capable of causing the local disappearance of a species.

Article 9 allows for a derogation from these terms only for specific reasons including public health and safety, but strict tests must be passed first and alternative options must also be exhausted.

Sections 7 and 8 of the Heritage Bill propose to change the dates set as the period of protection for wild birds to carry out breeding and rearing of chicks in both upland and hedgerow habitats. This undermines the system of protection for birds in Ireland and is in breach of the birds directive.

It is our view therefore that the proposed changes to the Wildlife Act contained in the Heritage Bill should be discarded and a forum established with those stakeholders to set out a path to both protect our wild birds, ensure farming continues in the uplands and ensure road safety concerns are met. Yesterday the Commissioner, Phil Hogan, spoke at the FoodWise 2025 conference in Croke Park and warned Ireland of its failure to reduce greenhouse gas emissions. Burning in the uplands is destructive to our upland peatland habitats. We need to address these concerns.