Batt O'Keeffe (Cork South Central, Fianna Fail)

In its 1998 report, the Heritage Council recommended that the legal status of the deer be determined in accordance with section 26(1) of the Wildlife Act 1976. The Department sought the advice of the Attorney General on foot of that recommendation. The effect of the advice was that the Act applies to the hunting of deer by the Ward Union Hunt and that the Minister should interpret the legislation to mean that he has the right to issue licences. Section 26(1) of the 1976 Act, which refers to the hunting of deer, does not mention wild deer. If one examines the Wildlife (Amendment) Act 2000, one will see that far from weakening the force of the advice given to the Department in 1999, it seems to corroborate it. Section 6 of the 2000 Act amends section 2 of the 1976 Act by providing for a new definition of "wild animal" as follows:

"'wild animal' includes an individual of a population which primarily lives independent of human husbandry but does not include—

(a) wild birds, or

(b) species of fish or aquatic invertebrate animals."

Although the part of section 26 of the 1976 Act that deals with the hunting of otters was amended by the 2000 Act, no change was made to confirm that point. The Department considers that its interpretation is the correct one.

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