Lynn Boylan (Sinn Fein)
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Cuirim fáilte roimh an Aire Stáit. I am sure that at this point the Minister of State is aware of the existence of two separate reports outlining where the OPW has clearly breached wildlife protection laws, in both Emo Court, County Laois and Barryscourt Castle, County Cork, by disturbing bat roosts without the proper derogation licence. Before I get into the details of the Emo Court case in particular, which is a case I have been working on for a number of months now, I must say that the manner in which I have been treated by the Department in trying to get to the bottom of the issue has been a disgrace. It started off with flat denials from the Department in November 2021, when it stated: "The OPW has not been involved in the destruction of a bat roost at Emo Court House." The Department stated that the works were being carried out under a derogation licence. When I sought that licence from the National Parks and Wildlife Service, first I found out that licences are not publically available and must be requested. When I requested the licences for the works that were being carried out on Emo Court, I was sent a licence dated for September 2020. I know that the works were carried out in December 2019. When I followed up and asked if I could have the derogation licence that covered the works of December 2019, I was met with radio silence. I am still waiting on a response. I then submitted a freedom of information request. I have to hand some of what I received, if the Minister of State wants to pay attention.

Peter Burke (Longford-Westmeath, Fine Gael)
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I am just taking notes.

Lynn Boylan (Sinn Fein)
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This is what I received from the Department.

Eugene Murphy (Fianna Fail)
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The Minister of State was taking notes.

Peter Burke (Longford-Westmeath, Fine Gael)
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I will not have anyone say that about me in the House. I am taking notes. I ask the Senator to have a bit of respect.

Lynn Boylan (Sinn Fein)
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I have the respect to show the Minister of State what I received when I put in a freedom of information request.

Eugene Murphy (Fianna Fail)
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Sorry, Senator. It is very unfortunate that we are having this with a Commencement matter. It never happens. It is a very important procedure that we have open to us. I ask the Senator and the Minister of State to proceed with the Commencement matter. In fairness, I was watching the Minister of State and he was taking notes.

Lynn Boylan (Sinn Fein)
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I will proceed.

However, as I said, the freedom of information request was heavily redacted. We know that the facts are that in 2019, an ecologist report was produced on the works that were requested to be done on Emo Court. The report stated that the works could not go ahead because the mitigation could not ensure the safety of the bat roost. Despite that report, the OPW carried on with the works. I have to hand a photograph that was taken by ecologists in November 2019, which clearly shows that there were bats present and that works were taking place where the bats were roosting. In January 2020, the National Parks and Wildlife Service sent a ranger to investigate what was going on in the basement of Emo Court. The ranger stated that the only evidence of bats found was bat droppings that had been swept up and a dead bat. We know that the National Parks and Wildlife Service produced a report. Will the report into the findings of what took place in the basement of Emo Court, along with the recommendations, be released?Will the Minister of State confirm that a prosecution was not recommended in this case arising from what took place in Emo Court?

Peter Burke (Longford-Westmeath, Fine Gael)
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I thank Senator Boylan for raising this matter and providing me with the opportunity to address it on behalf of the Minister of State with responsibility for the Office of Public Works, Deputy Patrick O'Donovan, who sends his apologies. I may not be able to answer some of the specific questions but I will refer them to the Minister of State. This is a very specific case.

Emo Court is a neoclassical mansion designed by architect James Gandon and is a protected structure under RPS 412 of County Laois. It is recognised as one of Ireland's finest historical houses. Emo Court is a rare example of a late 18th century Irish Palladian mansion, whose grand columns and imposing facades have absorbed the colour and vitality of the rich mid-19th century decoration and additions. The house sits in a picturesque landscape park setting which, to a great extent, reflects the late 18th century vision of the owners and their chosen designers, but retains elements of an earlier landscape design. As with the house, the 19th century additions to the landscape add richness, as does the presence of a number of exceptional specimen and veteran trees. A notable wealth of documentary evidence associated with the place adds further to the importance of Emo Court, where history and heritage can be experienced with recourse to a higher than common level of authenticity.

Arising from this combination of integrity and authenticity, Emo Court and Park are considered of exceptional significance. The site is hugely popular and is just off the M7 in the middle of the country. More than 500,000 visitors use the grounds and it is a haven of biodiversity. The Office of Public Works, OPW, leads on educating visitors on the flora and fauna of the estate. The OPW is committed to carefully conserving our native species and fighting biodiversity loss. The organisation works to the national biodiversity action plan and in 2021 developed an organisation-wide biodiversity strategy to ensure an all-of-organisation approach to meeting its obligations under the national plan. This action strategy will be launched in the coming weeks.

The OPW takes its responsibilities very seriously regarding the protection of wild flora and fauna. It has won awards for specific biodiversity initiatives, including the first ever all-Ireland pollinator award at the Victorian walled garden in the Phoenix Park and later at Castletown House for its pollinator meadow. The OPW is engaged in an initiative to support the population of native barn owls at 12 national monument sites nationwide with BirdWatch Ireland. The OPW has for years implemented a swift box initiative at some of Dublin's historical buildings in its care and in 2020, it undertook a year-long biodiversity study and audit at Áras an Uachtaráin.

At Emo Court, the OPW has cared for and continues to care for the significant bat roost there in line with wildlife and habitats legislation. The bat roost is fully intact and active. It was not disturbed or damaged in any way during recent works and the bat populations at Emo Court are stable.

Emo Court is in much need of investment to upgrade the roof, replace dangerous electrical installations and install new heating systems. In 2019, the OPW secured funding under the rural regeneration and development fund of €1.2 million to undertake refurbishment and conservation works in the house and gardens in order to expand the visitor experience at the property and ensure this important heritage site delivers for the local tourism, employment, amenity and rural development agendas.

In 2019, the OPW carried out critical electrical and fire upgrades and a refurbishment of rooms for the Fr. Brown exhibition. This project provided access to visitors to the first floor of the house for the first time in 25 years. There was wonderful visitor feedback on the enhanced heritage on offer and the reputation and visibility of the house increased. Laois County Council is extremely happy with the increase in tourism potential.

In the autumn of last year, essential electrical works that were carried out constituted urgent immediate action, taken on foot of genuine escalating concerns for the safety of staff, external security and fire protection personnel and the main house at Emo Court. Urgent minimal electrical upgrading work took place in the electrical switch room and back west stairs area of the basement. This is not located near the bat roost room, which is in the round cellar under the central rotunda. The bat roost was not disturbed or impacted and the OPW understands that as emergency works, these did not require a derogation licence.

In 2020, the OPW contracted ecological consultant Scott Cawley Limited to provide advisory services in connection with further planned conservation works to the ground floor and basement of the house and to monitor the OPW at all stages in the delivery of these works in compliance with a derogation licence, which was formally sought that year. It is important to note that when the National Parks and Wildlife Service, NPWS, granted the derogation licence for works to commence at Emo Court in September 2020, following the submission of an ecological report on behalf of the OPW by its consultant ecologist, Scott Cawley Limited, NPWS staff expressed their satisfaction that multiple surveys had been carried out by competent bat ecologists into the important bat roost at Emo Court. The NPWS was satisfied that the detailed measures outlined in the report were justified and proportionate and would ensure that bats would not be harmed during the forthcoming works. One of the mitigating measures outlined by the OPW's consultant ecologist and highlighted by NPWS staff when they recommended approval was the specific timing of works. This timing limitation was adhered to rigidly by OPW personnel and contractors working on site in 2020 and 2021.

It should be noted that Bat Conservation Ireland undertook three separate surveys at Emo Court in 2021 and the surveying records indicate a stable population of bats in line with levels recorded in previous years in the period 2012-2020. In 2022, Bat Conservation Ireland will carry out three further systematic counts to monitor the continued health of the roost in Emo Court.

I reaffirm the OPW's commitment to conserving and enhancing our national biodiversity. The bat roost in Emo Court is active and is being managed proactively by the OPW. It is monitored regularly by an independent third party. Data collected by Bat Conservation Ireland since 2008 indicate that biannual counts have been taking place since 2012 and were increased to three counts per year in 2019. These counts over a period of more than a decade show that the number of bats at Emo is stable. I thank the Acting Chairman for showing me some discretion.

Eugene Murphy (Fianna Fail)
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I gave the Minister of State an extra two minutes because it was important to get the full response on the record of the House.

Lynn Boylan (Sinn Fein)
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I thank the Minister of State for his lengthy response. I disagree with him. This is not specific to Emo Court. Barryscourt Castle is in the same position in that works were carried out there in 2016 but a bat expert was not hired until 2020. With all due respect to the Minister of State, the timelines do not add up. The works in 2019 were not emergency works. At the time the works were applied for, a bat expert said they could not go ahead because the mitigation was insufficient to protect the bats. The OPW then applied for a retrospective licence. The Minister of State can read a statement indicating the bat roosts are fine and stable or whatever but the reality is that works were carried out by the OPW without the necessary licence. Will he give a commitment that the report carried out by the National Parks and Wildlife Service in the first half of 2020 did not make a recommendation that the OPW be prosecuted under the habitats directive and the Wildlife Act?

Peter Burke (Longford-Westmeath, Fine Gael)
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I again thank Senator Boylan for her remarks. The content of the information I was given from the OPW points clearly to the independent surveys that were carried out. I must revert to the Minister of State with responsibility for the OPW for the information sought by the Senator - I do not have it to hand - with regard to the recommendation regarding a prosecution. I will ask the Minister of State to revert to the Senator directly with that information.