Michael Moynihan (Cork North West, Fianna Fail)
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I thank the Ceann Comhairle for the opportunity to raise the designation of lands under the birds and various other EU directives and the consternation it is causing in the communities I represent.

There is a major issue with the designation of lands in western Duhallow, in particular, and in other counties such as Kerry, Limerick and those along the western seaboard. It has now transpired, despite all the advice that was given at the start when the directives were being implemented, that the land has been rendered worthless with one stroke of a pen, as was said by one of the farmers who is leading the campaign in this regard. Many of these farmers have been trying to develop their lands or even sell them so they can move on to different enterprises or get involved in more productive farming such as dairying and so forth.

The substance of the issue is that we must get representatives of the Department of Arts, Heritage and the Gaeltacht, and particularly the National Parks and Wildlife Service, the Department of Agriculture, Food and the Marine and the farmers concerned into a room to hold factual discussions on this matter. It is time for representatives of the Department of Arts, Heritage and the Gaeltacht to meet these farmers in a meaningful way. Lands have been declared worthless. The hen harrier issue has been ongoing since 2004 or 2005. There were issues at the time relating to afforestation and the development of wind farms on the lands that were to be designated, and all of the evidence or issues brought forward at the time have turned out to be non-existent. Some of the farmers concerned make the point that the best lands for the breeding of the hen harrier are not designated at all.

The scientific basis for designating the lands in the first instance must be challenged.

The European Union and the State, through the Department of Arts, Heritage and the Gaeltacht, have wiped out the value of this land whose owners must be compensated. The plans to be submitted to Brussels are being delayed. As many of the farmers in question told me, the next step must be to have a meeting with officials from the Departments of Arts, Heritage and the Gaeltacht and Agriculture, Food and the Marine to try to resolve these issues, which have been ongoing for some time. I call on the Minister to convey to his two ministerial colleagues, the Ministers for Arts, Heritage and the Gaeltacht and Agriculture, Food and the Marine, the need to hold a summit meeting with the farmers in question as that is the only way to make progress on the issue.

Last week, I and my colleagues, Deputies Niall Collins and Éamon Ó Cuív, met farmers in Adare, County Limerick, to discuss this issue. The livelihoods of many of the farmers in question have been affected in different ways. I ask the Minister to ensure his colleagues arrange a crisis meeting or summit in the next week or two to allow the farmers in question, in the first instance, to air their serious grievances and, second, to try to find a resolution and make progress.

Alex White (Dublin South, Labour)
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I will deal with this matter on behalf of the Minister for Arts, Heritage and the Gaeltacht.

As the Deputy is aware, the hen harrier is a protected but endangered bird of prey, listed in Annex 1 of the EU birds directive. Ireland is, therefore, obliged under European law to protect and conserve this species.

The position of the hen harrier was a major factor in a judgment of the European Court of Justice of the EU in 2007 against Ireland - it was known as "the birds case" - for failure to provide adequate protection for wild birds. This case remains open, with the continuing possibility of major fines being imposed on Ireland. As a result of the judgment, Ireland designated six special protection areas or SPAs for the conservation of this species. These SPAs are at risk due to a number of factors, such as the reclamation of upland open habitats for agriculture, development of wind farms and maturing of large-scale forests planted in upland areas. These activities have a significant negative impact on the birds' breeding and feeding habitats.

In 2012, following discussions with the European Commission it was agreed that Ireland would pursue a threat response plan for the protection of the hen harrier which would assist in meeting Ireland's requirements following the 2007 European Court of Justice judgment. It is acknowledged that there have been difficulties in granting consents for certain activities within these sites under EU law. However, the threat response plan aims to bring certainty to consent authorities and landowners and to develop a framework for consents that can operate in compliance with EU legal requirements.

In the early summer, an interdepartmental steering group was convened to assist in the development of the plan. The group comprises representatives from the Departments of Arts, Heritage and the Gaeltacht, Agriculture, Food and the Marine, the Environment, Community and Local Government and Communications, Energy and Natural Resources. The group is examining all of the issues at hand, including forestry consents, planning permissions for wind farms and financial supports for farmers, with a view to determining the appropriate course of further action. Its first meeting took place in late July and it will continue its important work over the coming months.

A consultative committee of stakeholders, which will include farming representatives, is also being established. Through the consultative committee, the views of those affected will be incorporated into the work of the steering group. It should be noted, however, that officials from the Department of Arts, Heritage and the Gaeltacht have already had significant engagement with farming organisations in regard to this issue. While the Department has a lead role in the implementation of the habitats directive and birds directive, the bulk of available EU and national funding to assist farmers in meeting the requirements of these directives is provided through the rural development programme operated by the Department of Agriculture, Food and the Marine.

Agri-environmental schemes such as the rural environment protection scheme, REPS, and agri-environment options scheme have provided a range of supports for farmers, including payments in respect of designated sites to tens of thousands of farmers. In future, the provision of financial supports for agri-environmental actions by farmers in special areas of conservation and special protection areas will be made predominantly through the green, low carbon, agri-environment scheme, GLAS, which is operated under the rural development programme.

Michael Moynihan (Cork North West, Fianna Fail)
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I seek clarity on a number of issues. How many times has the interdepartmental group, comprised of representatives of the Departments of Arts, Heritage and the Gaeltacht, Agriculture, Food and the Marine, the Environment, Community and Local Government and Communications, Energy and Natural Resources, met since July? A new organisation has been established by farmers who have been directly affected by the relevant directives. I ask that the Minister ensure this organisation is consulted as it reflects the concerns of the communities and individuals affected by the directives. It must be given prominence and a seat at the table when the interdepartmental group meets.

I have first-hand experience of the problems I have highlighted because they affect my own community. What daily fine would be imposed if we were to decide to no longer implement the directive? How far advanced is the threat response plan? Is it near completion and, if so, when will it be submitted to the European Commission? Will the farmers affected have an input into the development of the plan? Their voices must be heard loud and clear and their representatives should be invited to meetings of the interdepartmental group.

Alex White (Dublin South, Labour)
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The Deputy asked how many times the interdepartmental group had met since July. I do not have this information but I will revert to him on the matter.

The Deputy also made a not unreasonable point on consultation with farmers who are directly affected by the directives. As I indicated, there has been engagement with representative bodies of farmers. The Deputy indicated that specific ad hocgroups are dealing with this issue. I see no reason not to engage with these groups and I will communicate the information the Deputy provided to the Minister. Perhaps the matter could be also raised with the Minister for Agriculture, Food and the Marine. In circumstances such as this, Ministers are generally open to meeting representatives of persons affected by policy decisions. I am sure the Deputy's concern in this regard can be, therefore, addressed, although I do not propose to make a direct or specific commitment on behalf of a colleague in respect of meeting a particular group or body. As a general proposition, however, it is a good idea that people who are affected by issues should have their voices heard by government, notwithstanding that the Minister has already engaged with the main farming representative bodies.

As to the precise level of the daily fine, I cannot possibly answer that on my feet but I will revert to the Deputy on the matter. If there is a lack of compliance and a threat of infringement proceedings, these must be addressed. This does not depend entirely on the level of the fine. If a fine is possible, we will wish to avoid it. On the other hand, if the Deputy wants more information as to precisely what is the risk in respect of fines, including the level of fine, I will do my best to assist him in that regard.