Michael Ring (Mayo, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue. I have sympathy for the people affected. We have a different problem in rural Ireland, particularly in the summer months, with hedge cutting on main roads. We get a great deal of criticism for raising the issue. However, this is also an important and serious issue, which is affecting families and children and it is a concern for people.

I am aware from representations made to my Department of reports that problems have been encountered with seagulls on various housing estates in the Balbriggan area. It is claimed that the seagulls, because of their numbers and habits, are giving rise to public health and safety issues in the area. Many seagulls nest on domestic roofs and it has been reported that some parents do not let their children outdoors, especially during the summer, due to the nuisance caused by the number of seagulls and because of reported instances of gulls attacking people. My Department has also received letters from individuals, local schools, a residents' association and owners of business premises in the area detailing various problems with seagulls.

Seagulls are protected under both Irish and EU law. The population of seagulls in Ireland is not stable. The breeding population of herring gulls, for example, has declined significantly over recent decades probably due to improvements in managing landfill sites as well as other factors. Nonetheless, I accept that there are substantial numbers in some coastal towns and cities, including north County Dublin. I understand that the residents in Balbriggan are looking for a solution that would require non-lethal methods such as removing nests and eggs and the installation of netting and other measures. The granting of individual licences to residents to remove nest and eggs may not prove a feasible solution from a practical and efficiency perspective and it would be cumbersome for my Department to administer.

We have powers under European Communities legislation to make a declaration, commonly known as the wild bird declaration, which allows the capturing and killing of some listed bird species such as magpies and crows in certain circumstances, for example, to prevent serious damage to livestock and crops and for public health reasons. In the main, the declaration is used by landowners to protect livestock and crops and to protect ground nesting birds. In recent years, the Department has reviewed the declaration annually before renewal on 1 May each year. A major review is scheduled for 2018 and this will take account of all relevant factors, including perceived threats, distribution and population data available on the bird species.

As part of this year’s annual review of the declaration and taking account of issues identified in Balbriggan, I am willing to consider the addition of the seagull to the declaration. As they stand, the regulations do not allow the removal of nests or eggs, as is hoped for by the residents, and any such activity would require an amendment to these regulations. I am, however, prepared to examine making such an amendment and this is being actively looked at currently in my Department in the context of the 2017 declaration review. While the annual declaration is generally renewed on 1 May every year, my intention is that the 2017 declaration will be completed earlier than this.

The Minister met a number of public representatives from the area in recent weeks and conveyed to them the position which I have outlined here. The House will understand that the role of my Department is one of conservation and protection of our flora and fauna and of habitats for wildlife. Other than considering legislative change in the context of national and European nature laws, my Department, even if it had the resources to do so, would have no powers to actively become involved in any programme to reduce bird numbers on particular housing estates. It is my understanding that programmes aimed at addressing seagull issues in UK coastal towns were led by the local councils, and the residents of Balbriggan have requested the assistance of Fingal County Council in addressing the seagull problem.