Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank Deputy Carthy for bringing this matter up today.

He is correct in saying that this issue was discussed as a Topical Issue matter on 16 July, when Deputies Carthy and Clarke raised this subject. It is good for us to be able to discuss it again today. I will update the House on the background to this issue. As I indicated in July, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, AEWA, was developed under the UN Convention on Migratory Species. Ireland signed up to the agreement in 2003 and it includes a commitment that "Parties shall endeavour to phase out the use of lead shot for hunting in wetlands as soon as possible in accordance with self-imposed and published timetables." I am happy that Ireland's position is to support the AEWA commitment to phase out the use of lead shot over wetlands.

Separately, and directly related to our discussion here this evening, the European Commission published a set of draft regulations in early 2019 for consideration by member states on the use of lead shot in and around wetlands. The draft regulation was discussed by member states at some meetings of the European committee on the registration, evaluation, authorisation and restriction of chemicals, more commonly referred to as the REACH committee, as Deputy Carthy has said. Following discussions at a meeting of the REACH committee last June, the European Commission submitted a draft set of regulations for a vote by member states by written procedure.

The main proposals in the regulation involve a transitional period of 24 months for those member states banning the use of lead shot in guns in or around wetlands; for those member states with wetlands which exceed 20% of their territory, the transition time is extended to 36 months, provided member states also ban the purchase and use of lead shot in all their territory, not just on wetlands; fixed buffer zones of 100 m around wetlands where lead shot possession and shooting would be prohibited; and a definition of wetlands that is used in the Ramsar Convention.

As I indicated to the House in July, I support fully the underlying thrust of the regulation and I am committed to phasing out lead shot in wetlands, given that lead is clearly undesirable and can cause harm to the environment and water birds. Many member states have had restrictions on the use of lead gunshot in place for many years. Ireland, on the other hand, has had no restrictions at all. I know that we are not completely alone in that regard and that a small number of other member states also do not have restrictions, but we are in a minority. It is true that for those member states which have some national regulation already in place, many gun owners would have guns with non-lead shot ammunition and any transitional challenges to meet the requirements of the proposed regulations would thus be mitigated.

In the case of Ireland, as we currently have no restriction, statutory or otherwise, on the use of lead in gunshot, the regulations would pose a challenge to us in implementing and properly enforcing a new regulation in 24 months in a situation where member states are more advanced than us with regard to national regulation. I understand that in Ireland, some farmers' and hunters' guns may not be capable of using lead shot substitutes and they may need to purchase new guns. In addition, the definition proposed to be used for wetlands is that defined under the Ramsar convention, that is, wetlands of international importance, which includes peatlands, and this would cover relatively large areas around the country. These Ramsar areas are not currently all mapped and given the scale of wetlands in Ireland, this would take some time and, therefore, enforcement would present us with challenges.

My Department held consultations with interested parties including hunting and farming interests on this matter. While the Department has always supported the underlying thrust of the regulations and is committed to phasing out the use of lead shot in and around wetlands, it made a case for a longer lead-in time to deal with the transitional challenges which I have outlined and, in that regard, submitted documentation to the registration, evaluation, authorisation and restriction of chemicals, REACH, committee.

As the Deputy may recall from when we discussed this on 16 July, the Commission has proposed that a vote on the draft regulations was to be taken by written procedure on the day before our discussion but then decided to terminate that voting procedure. At the time of our previous discussion, we were awaiting further clarification from the Commission on how it intends to progress with this matter. Since then, the issue was discussed at a REACH meeting held on 3 September. Notwithstanding Ireland's reservations about the lead-in time, since we are committed to phasing out lead shot in and around wetlands, Ireland indicated at the meeting that we would support the draft regulation. A vote was taken at the meeting on the draft regulation and it was passed by the necessary majority of member states with Ireland voting to support the measure. The draft regulation will now be sent to the Council and European Parliament for scrutiny for a period of three months.

While we recognise that there will be some challenges to us relating to implementation if this proposed regulation becomes law, Ireland, like all member states, will have to rise to the challenge and we will do this in consultation with stakeholders. I am satisfied that the long-term implications of the regulation would be of benefit to Ireland, its citizens and the environment.

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