Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I am replying on behalf of the Minister for Arts, Heritage and the Gaeltacht, Deputy Heather Humphreys.

The hen harrier and freshwater pearl mussel are endangered species protected under EU nature directives. The objective of the Department of Arts, Heritage and the Gaeltacht is to ensure that these important species are protected while, in parallel, ensuring that the work of farmers and other landowners in managing the habitats which support these species is recognised.

The hen harrier was a major issue in the judgment of the European Court of Justice in 2007 against Ireland in the "birds case" for failure to provide adequate protection for wild birds.

As a result of the judgment, Ireland designated six special protection areas, SPAs, for the conservation of this species. The case remains open, with the continuing possibility of reputational damage and fines being imposed on Ireland if we are not seen to be in compliance with the judgment.

The hen harrier SPAs are at risk due to a number of factors, such as the reclamation of upland open habitats for agriculture, the development of wind farms and the maturing of the large-scale forests planted in upland areas. These activities have a serious impact on the birds' breeding populations. Agricultural reclamation of heath or bog is restricted in these SPAs, as it removes nesting and foraging habitat for the species.

A number of measures were taken to support farmers operating within hen harrier SPA sites under the rural development programme and through a farm plan scheme operated by the Department of Arts, Heritage and the Gaeltacht. With the economic crisis, access to the farm plan scheme was closed to new applicants in April 2010. However, under the agri-environment options scheme operated by the Department of Agriculture, Food and the Marine, priority access was granted to farmers within protection areas, including hen harrier SPAs. The Department of Arts, Heritage and the Gaeltacht has been working with the Department of Agriculture, Food and the Marine to ensure that hen harrier areas are included within the proposed GLAS scheme under the new rural development programme. The draft GLAS programme includes hen harrier SPA actions within tier 1 of the programme, which is designed for priority environmental assets and action, because of the difficulties landowners face in these areas. Farmers within tier 1 will get first priority access to the scheme in the first year and subsequent years.

The Department is working on a threat response plan with other relevant Departments, which is to provide an overall plan to improve the prospects of the hen harrier while bringing clarity to wider issues including afforestation. The fresh water pearl mussel is in serious decline in rivers in Ireland. It, too, is the subject of an EU infringement process. The Department of Arts, Heritage and the Gaeltacht has recently commenced a project co-funded by the EU, called KerryLIFE which is working closely with farmers and foresters to provide the necessary water quality for the species in two rivers in Kerry. The Minister for Agriculture, Food and the Marine is working on a targeted output measure under the new rural development programme, which will focus on the pearl mussel in certain priority catchments. Both of these projects will bring income to farmers in rural areas who carry out work beneficial to the pearl mussel.

Two weeks ago, I was in Kerry and met farmers affected by the issues. I listened to them and spoke to the Minister. While she has not been definitive about what she intends to do, we listened to the concerns and I conveyed them to the Minister.

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