Máire Hoctor (Tipperary North, Fianna Fail)

I am glad of this opportunity to provide some background to the agri-environment measures to apply in the Twelve Bens-Garraun and Maumturk mountain complex special areas of conservation, in addition to providing clarification on the further measures that are to be implemented. These measures are an effort to meet fully the requirements set by a European Court judgment in 2002. The court ruled that:

[B]y failing to take the measures necessary to safeguard a sufficient diversity and area of habitats for the red grouse and by failing to take appropriate steps to avoid, in the Owenduff Nephin Beg complex special protection area, the deterioration of the habitats of the species for which the special protection area was designated, Ireland has failed to fulfil its obligations under Article 3 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Article 6(2) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

Major efforts are being made by the Department of Agriculture, Fisheries and Food and the Department of the Environment, Heritage and Local Government, in co-operation, to address the court finding. These Departments took a number of steps to try to reduce damage to red grouse habitat across commonages generally, and in the Owenduff-Nephin Beg ranges specifically where an intensive and generously funded agri-environmental programme of measures has been in operation for some years. Almost all farmers in the area have co-operated fully in implementing these measures, which include two periods of off-wintering for sheep between November and May. I acknowledge their co-operation.

In addition, since 2005 the Department of the Environment, Heritage and Local Government has been evaluating the condition of habitat for red grouse in commonage and non-commonage land throughout the country, with particular focus on sites found to be damaged in the initial commonage framework planning exercise. Notwithstanding these efforts, the Commission has pursued Ireland for full compliance with the ruling and has taken the necessary preliminary steps to refer Ireland to court for a fine for failure to comply.

In particular, the Commission continues to be concerned that the detailed monitoring I mentioned has established that no recovery has taken place to the extensive areas damaged in the Twelve Bens-Garraun and Maumturk mountain complex special areas of conservation despite the commonage framework plan and the existence of schemes such as the rural environmental protection scheme.

As a result, the two Ministers have agreed to put in place the following additional measures to deliver recovery. It is intended there will be a five-month off-wintering period in commonages in the Twelve Bens-Garraun complex special area of conservation and the Maumturk mountain complex special area of conservation similar to that applying in Owenduff-Nephin Beg. This should be in place for five years, from 1 November to 31 December and from 14 February to 13 May annually, commencing on 1 November 2008. Farmers in these areas will be required to comply with the new farming conditions by amending their existing REPS plan or entering the Department of the Environment, Heritage and Local Government's national farm plan scheme.

The revised plans will ensure the commonage is grazed sustainably and that the off-wintered stock can be managed on the private land over the winter period. The level of sustainable stock numbers in the open commonage period and on privately owned SACs will be assessed by the farm planner taking into account the farmer's share, where relevant, the habitats involved and the condition of the habitats. Farmers who join the Department of the Environment, Heritage and Local Government's farm plan scheme will be compensated on the model that has been successfully operated in the Owenduff-Nephin Beg SPA, through compensation for each destocked ewe — below the level of five ewes per hectare over the whole farm — or the off-wintering of ewes which requires the provision of foodstuff by farmers. REPS farmers are entitled to substantial payments under the scheme.

During the coming weeks both Departments will arrange a series of local meetings or clinics in the area concerned in order that these measures and the necessity for them can be explained to farmers on an individual basis. The Ministers for Agriculture, Fisheries and Food and the Environment, Heritage and Local Government believe these measures are necessary to secure the closure of the outstanding infringement proceedings against Ireland. I add the warning that if the measures set out are not implemented, Ireland is likely to be referred to the court and face very large fines for its failure to comply with EU legislation.

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