Brian Ó Domhnaill (Fianna Fail)

This issue has sparked something of a debate on the whole area. I am picking up on the points raised by my colleagues, Senator Mooney and Senator O'Keeffe, in respect of the wider issues. For example, the bird species mentioned by Senator Mooney are protected by EU legislation and EU directives with which we have to comply. Not only do we have to protect the animal species but also we must designate land within the landmass of the State where the corncrake and the barnacle goose can breed. There are large tracts of land in west Donegal in my area designated for the protection of the corncrake. They arrive in April and migrate to Africa in September where they are caught in nets and eaten as a delicacy, yet they are being protected here under an EU directive. They are a beautiful bird species and we should protect them. However, there is a lack of joined-up thinking in respect of the protection of those birds.

In other EU states, such as Portugal or Spain, the designation of the lands is carried out following only public consultation and agreement with the landowners. What happens here is that the Department of Arts, Heritage and Gaeltacht Affairs draws lines on a map and designates an area as a special protection area for the birds. The area is then designated without public consultation and farmers are invited to make submissions if they wish to object. Those requests to farmers fall on deaf ears and there are no changes. We should examine models adopted in other countries. I agree with Senator Mooney that the Minister's Department should take the lead because it has got the expertise and is better able to deal with landowners. There is a need for joined-up thinking as there are other issues in regard to bogs in the west, such as in Connemara and other places, where large special protection areas and special areas of conservation are designated as bogland. This affects turf cutters.

In my parish in County Donegal, about 5,000 acres is designated as a special protection area because there were corncrakes on the land between 1997 and 2003. Last year, there was no recording of corncrakes on the lands in question. However, one corncrake was recorded in that geographical area but it was about half a mile outside the area that has recently been designated. The figures being used are outdated. Highly intensive agricultural lands are being designated and farmers will not be allowed cut silage without the permission of the National Parks and Wildlife Service under the remit of the Department of Arts, Heritage and Gaeltacht Affairs. If the Minister's Department took the lead role, there would be much better co-operation from farmers and landowners. As the majority of landowners are farmers, it would make sense. The Minister has got the team, the officials and the expertise, and the farmers would buy in and trust the Department. I am not casting aspersions on the officials in the Department of Arts, Heritage and Gaeltacht Affairs but they do not have the resources to deal with the number of queries. One official cannot be expected to cover the west in respect of this issue.

The term "vermin" can be as broad as one wishes depending on the disease it brings to a farm. Farmers should be given the scope and flexibility to lay poison but how that is done should be regulated to ensure children who may wander through fields do not pick it up. Everyone needs to buy in. If a code of practice is required anywhere, it is in this area. We have to absolutely certain that if poison is laid, there is no danger to human health, especially to young children who may wander through fields. On the other side there must be a mechanism to protect these bird species. If, from a farming point of view, non-productive land was designated for the protected bird species under EU directives, the need to lay poison may not be as great and there would be buy-in from farmers.

The case of the golden eagle leaving Glenveagh National Park was mentioned. The golden eagle flew out of the park. A farmer in west Donegal had laid poison, not to catch the golden eagle, even though there had been reports in the local media that one of the golden eagles had picked up a small lamb. However, the golden eagle picked up the poison and died. This was devastating in terms of the good work being done at Glenveagh National Park.

There is a need for wider debate and joined-up thinking between a number of Departments. I suggest the Minister and his officials take the lead role given the expertise in his Department and his relationship with the farming organisations and farmers generally. We do not want a situation where 300 or 400 landowners in a county may appeal a decision after it has been taken. That is the wrong way to do business. That would get farmers' backs up and they would cut the silage and end up committing an offence under the terms of the EU directive. There is a need to do business in a smarter way. I appreciate the Minister does not have ministerial responsibility for that area but given the Department for which he has responsibility, he should have it.