Dr. Alex Copland:

I will present some information on the science and the data on dates for bird nesting seasons.

Bird nesting dates are established through observing bird breeding activity. Ireland does not have its own monitoring scheme for this purpose and therefore we rely on data from the UK and specifically from the British Trust for Ornithology’s Nest Record Scheme, NRS. Although this scheme includes Ireland, less than 1% of records within that database relate to Irish records. We presented data in our submission to the Minister in the Public Consultation on the Review of Section 40 of the Wildlife Act. The data used are from records from the period 2000 to 2009, and contain approximately 35,000 to 45,000 records per annum. It is worth stressing that this waw the only scientific data provided as part of the consultation.

The Heritage Bill makes no distinction about the burning of vegetation for land management which is primarily a consideration in upland habitats. That said, other valuable lowland habitats, particularly scrub, may also be subject to burning being used as a management tool. BirdWatch Ireland wishes to again emphasise the need for better engagement between stakeholders in the uplands in regard to optimal land management strategies. This could include drafting upland management plans on a site-by-site basis, as well as streamlining legislative requirements for undertaking vegetation management in sensitive and internationally important habitats and landscapes.

A background to the ecology of our upland birds is included in BirdWatch Ireland's written submission. Although few of our upland birds have eggs laid in March, it is important to note that so-called "first egg dates" do not represent the start of the nesting season since before birds begin laying eggs they set out territories, they have to find a mate and nests have to be constructed. Studies in Scotland suggest that territory establishment for curlew takes between 40 and 60 days in advance of egg laying. The curlew, which starts to nest in mid-April would need the territories to be available in late February or early March.

This data underline the importance of protecting nesting habitat for upland species from late February or early March. Burning during the March period may displace curlew and other priority species from their territories, and with few alternative habitats available to them, risk complete failure of nesting during that particular year. The reason for flagging curlew in particular is because it is not only red listed in Ireland but on the global red list of species threatened with extinction.

Some of the policy drivers for the burning of vegetation have been mentioned. There is clearly a conflict between the need to manage and control vegetation, such as old heather and encroaching scrub, to maintain land for agriculture, and the value that these habitats offer wildlife. In many cases, as acknowledged by the statement from the Irish Cattle and Sheep Farmers Association, this management is often undertaken for land to maintain land eligibility for EU-funded schemes. That is an issue for the reform of the Common Agricultural Policy through the methods available to it.

Yesterday, in a statement, the Minister said that there would be a consultation on the next CAP starting in the new year. That might be a better time to discuss the opportunities for land eligibility. Where land is being cleared to open it up for agriculture rather than for farming subsidies, the removal of the encroaching scrub would be required. From the perspective of trying to carry out controlled burns, research in the UK has demonstrated that management fires should be set in winter or early spring before the soils start to warm up. The later in spring or summer that burning takes place the drier and more flammable vegetation will be. If the objective is to carry out a limited controlled burn then having highly flammable vegetation is not helpful. The chances of causing wildfires substantially increase in spring and summer during dry periods. This also increases deep soil heating and the catastrophic burning of peat becomes more likely to occur. Legalising burning of vegetation in March will substantially increase the likelihood that wildfires will continue to occur. In 2017, according to the Forest Service, 432 illegal fires occurred in our uplands and hills in May. How will legalising burning in March stop these fires in May? In Northern Ireland, where there is a later burning date, there are still issues with wild fires. Allowing burning in March does not address the issue.

On land management, Teagasc observes that the wild fires and burning of vegetation is not good for farming. Burning in March would promote the growth of the very scrub species which burning is supposed to control. Bracken, which is deep rooted can survive fire and will spread after a fire. Gorse regenerates prolifically from a seedbank after a fire and ideally, should be kept under control by grazing. In the case of heather, burning should be controlled, irregular and in patches. Burning is only recommended when followed with sustainable levels of livestock grazing

The Forestry Service’s own Forestry Standards Manual also states that "[T]he burning of gorse will not give long-term control, and may actually contribute to the further development of the species following burning and subsequent planting. Attempts at burning large areas of gorse may easily give rise to wildfire conditions and damage to land, habitats and other resources. Ideally, gorse should be treated by flailing". In regard to upland management, regarding heather research in Scotland states that “Regeneration was more prolific after burning in autumn than in spring, contrary to the traditionally held belief”. From both an environmental, farming and a health and safety perspective, the best time to burn is between September and November. Burning is also no substitute for sustainable grazing with traditional, upland cattle and sheep breeds.

I will briefly discuss hedge cutting. Hedgerows are widely accepted as one of the most biodiversity-rich habitats in an intensively-farmed landscape. They are essential habitats in a range of ecosystems, and provide valuable services to agricultural activities, such as habitats for pollinators and the predators of pest species, prevention of soil erosion and interception of water flows, and they sequester carbon. They are a quintessential feature of Irish rural landscapes, providing shelter to stock and crops, as well as nesting and feeding opportunities for many farmland birds. Appropriate management benefits biodiversity, farmers and road users.

With regard to data presented in common and widespread hedgerow species and their nesting season, the yellowhammer, the species with the latest fledging dates, is worthy of special mention. It is red-listed due to both short and long-term population declines and has also experienced a substantial range contraction over recent years. In 2017, using funding from the Heritage Council, BirdWatch Ireland undertook recording of yellowhammer breeding activity using local volunteers in two sample counties, Kildare and Meath. The results show that in Ireland yellowhammers are nesting throughout August. The current legislation permits hedges to be cut from 1 September, at which time data suggests that some 5% of yellowhammers may still have chicks in the nest. In yellowhammer areas, which could be defined on a county-by-county basis – we have very good regional data for the occurrence of yellowhammer in Ireland - hedgerow cutting should not be permitted until at least mid-September when nesting for this red-listed species has finished. Allowing the cutting of hedgerows in August could be devastating for this particular red-listed bird.

Throughout the debate on changing section 40 of the Wildlife Act, and the proposals contained within the Heritage Bill, BirdWatch Ireland and other environmental bodies have always advocated that cutting in the closed season should continue to be permitted for health and safety. However, it has to be accepted that the Wildlife Act is not about road safety, which is covered by other legislation. There is an issue with landowners who should cut their hedgerows but do not, and this legislation will not compel them to do so. Furthermore, we have sought to improve legislation for this to happen. Indeed, the Heritage Bill makes the current exemption of cutting hedgerows in the closed season more uncertain which, in turn, could make roads more dangerous. The management of roadside hedgerows has to be considered on a case-by-case basis. By specifying within the Heritage Bill that cutting can take place in August leaves uncertainty about cutting hedges in other months particularly May, June and July when cutting of certain hedges may be required. The existing exceptions for hedge cutting for health and safety already contained in the Wildlife Act allow cutting throughout the closed season, and it is important that this can continue. The process through which this can be facilitated needs to be improved, but the Wildlife Act is not the mechanism for this.

However, this pilot applies to all 26 counties and can be renewed, on approval, on a three-yearly basis.

No methodology for a study of the impact of the changes has been produced and there is no mechanism specified for the collection of data or comparison of results or even clarity on what is to be established by this pilot. Furthermore, despite the consultation on section 40 being concluded in January 2015, no baseline data on likely impacts of the proposed changes have been collected, despite the passage of three bird breeding seasons.

The Heritage Bill proposes changing the dates now, with collection of data to see if there are any impacts over the two year pilot period. If the globally red-listed Curlew have been wiped out from the uplands after the completion of this pilot, or Yellowhammer populations have collapsed further in our lowland hedgerow landscapes, what then?