Mary Coughlan (Donegal South West, Fianna Fail)

This situation relates to the implementation of the wild birds directive and as such it is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. He has designated the Owenduff/Nephin Beg complex, which includes the area in question, under both the wild birds and habitats directives.

The European Commission secured a judgment against Ireland in the European Court of Justice in June 2002. The case, which was focused by the Commission on the Owenduff-Nephin Beg area of County Mayo, was taken under the wild birds directive and was about the extent to which the habitat of the red grouse, an annexed species, was compromised by the overgrazing of sheep on commonage. The Department of the Environment, Heritage and Local Government was the lead Department in responding to the court proceedings.

Following the judgment against Ireland a reassessment of the commonage took place. This showed that the actions that had been taken to deal with the overgrazing, which involved partial destocking in 2002 under the commonage framework plans, had not been enough to allow the habitat to regenerate. The Minister for the Environment, Heritage and Local Government is, therefore, required to take further steps if Ireland is to avoid a large fine.

Implementation of the destocking provisions of the commonage framework plans was capped at 60% when it was first put into effect. It is now clear, however, that destocking recommendations must be implemented in full. This will affect approximately 50% of the area in question, where the destocking requirement in the framework plans is greater than 60%. I understand the Department of the Environment, Heritage and Local Government, following consultation with farming representatives, has also advised that for this area to regenerate it will be necessary to have an annual period of total destocking.

The Department of the Environment, Heritage and Local Government has, I understand, notified the Commission in February of Ireland's intention to implement the full recommended destocking in the commonage framework plans. They have also informed the Commission that they will require farmers to take all sheep off the commonage for a five-month period each year. This will be made up of the months of November and December and the period from mid-February to mid-May.

Many farmers in this area are in REPS. It is a condition of that scheme that they must comply with the framework plans. However, the complete removal of sheep for a five-month period is additional to REPS requirements, and the farmers are entitled to be compensated for it separately by the Department of the Environment, Heritage and Local Government. Farmers who are not in REPS may seek compensation, both for the destocking and for the five-month no-grazing period from the Department of the Environment, Heritage and Local Government, under the national scheme operated by the National Parks and Wildlife Service.

REPS is a voluntary scheme and will continue to make a positive contribution to specific environmental objectives. It will continue to complement the actions the Department of Environment, Heritage and Local Government is taking to deal with this serious situation. It is in the interests of all farmers to ensure that only environmentally sustainable farming practices are carried out on the site. Otherwise there is a real risk that payments which are directly linked to environmental benefits will be brought into question.

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