John Gormley (Dublin South East, Green Party)

We are dealing with amendments Nos. a1, 1 and 1a together. I stated on Second Stage that I would table an amendment to section 3 to allay the fears of licensed deer stalkers who have a licence from my Department under section 29 that might inadvertently affect their legitimate hunting practices. It is not unusual for a deer stalker to bring a dog while out hunting deer. This is especially the case in woodlands where a dog would be used to retrieve fallen game which can sometimes be concealed in the undergrowth.

In cases where several hunters were stalking deer on a property and each had a dog or if they were bringing two dogs for training purposes it could be construed that they were breaking the law based on the original wording of section 3. It was never my intention that the Bill should place any restriction on lawful deer stalking. Accordingly, the amendment I tabled states that it would not be an offence for people with a deer licence under section 29 of the Wildlife Act who stalk deer on foot or those with permission under section 42 to have two or more dogs.

The normal annual licence is issued under section 29 to deer hunters. More than 4,000 such licences were issue by my Department for the 2009-10 hunting season. The open season for most deer species extends from 1 September to the end of February. However, there is a 12 month hunting season for munchak deer as it is considered an invasive species which can cause much damage if allowed to spread.

Section 42 permission is issued outside the open season and offers a facility whereby a person can obtain permission on a case by case basis to take action against a protected species, including deer, which can include the scaring, capturing or killing of said species in a situation where serious damage is being caused to agricultural crops, forestry plantations or other fauna. It is considered that there may be occasions when it is necessary or useful to bring dogs to assist in moving deer from areas where they are causing serious damage, for example, in young forestry plantations. I am satisfied that this amendment to section 3 will address the fears expressed by licensed deer hunters.

On the amendment tabled by Deputy Tuffy, applications made to my Department for section 42 permission are considered on a case by case basis. I have the powers under the Wildlife Acts to include conditions in the permission which can prohibit culling of female deer during a certain period. I have included such conditions in quite a number of the section 42 permissions issued in recent months. Accordingly I consider that the inclusion of this provision in the Bill is not necessary.

On amendment No. 1a , also tabled by Deputy Tuffy, I have already informed the House of the proposed amendment to this part of the Bill allowing licensed deer stalkers on foot to hunt deer with two or more dogs. As it is sometimes the case that a person granted a section 42 permission may also require the use of two or more dogs I will not accept this amendment.

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