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

I will respond to the question on the Commencement and these are additional, if that is okay. My Department has a very strong relationship with our colleagues in the OPW, with the OPW holding statutory responsibility for the day-to-day maintenance of a large number of monuments and buildings in the ownership of the Minister for Housing, Local Government and Heritage. These sites can of course be complex, spanning both our built and natural heritage and equally spanning protections and controls under various pieces of legislation including the National Monuments Acts, the planning Acts and the Wildlife Acts. The National Parks and Wildlife Service of my Department maintains an ongoing contact with the OPW in regard to its obligations under the wildlife Acts.

Departmental officials are happy to work with the OPW and with local authorities and any other public authorities, in order to assist them in meeting these obligations. For example, to assist public authorities in meeting their obligation with respect to strict protection given by EU law to bats and their roosts, the NPWS will shortly publish a series of guidance documents dealing with the practical aspects of bat conservation.A guidance document for public authorities entitled Strict Protection of Animal Species is also available on the NPWS website. This guidance is intended to assist in the application of Article 12 and Article 16 of the habitats directive to ensure that works are compliant with these articles.

To cite one recent example, a member of the NPWS visited and reviewed works at a castle site, advised on the works then being undertaken and future proposed works, and was satisfied that the works at the time were unlikely to cause disturbance to bats. He further advised on the requirement for oversight in works and the potential requirement to apply for a derogation licence for future works. We are aware that the OPW has subsequently appointed specialists who are now monitoring works on site. The Department remains in regular contact with the OPW and is satisfied that a derogation licence will be sought for future works given the potential impacts.

On concerns specifically regarding a bat roost at Emo Court, the NPWS is in ongoing contact with the OPW regarding its obligations under the wildlife and birds and habitats legislation on the important hibernation and breeding roosts at Emo Court for brown long-eared bats, soprano pipistrelles and Leisler's bats, which are the main species that have been identified there. I am informed by the OPW that Bat Conservation Ireland undertook three surveys at Emo Court in 2021 and the surveying records indicate a stable population of bats in line with levels recorded in the 2012-20 period. In 2022, Bat Conservation Ireland will carry out three further systematic counts to monitor the continued health of the roost in Emo Court.

To conclude, it is my strong view that this ongoing good working relationship provides the best and most efficient means of protecting wildlife and our built heritage sites in the care of the OPW.