Martin Ferris (Kerry North, Sinn Fein)
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Question 492: To ask the Minister for the Environment, Heritage and Local Government the reason the gardaí claim that they do not have powers to prevent the illegal hunting of wild hares; and if he will make a statement on the matter. [28050/07]

John Gormley (Dublin South East, Green Party)
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The Wildlife (Wild Mammals) (Open Seasons) Order, 2005 allows hares to be hunted between 26 September and 28 February. The manner of hunting allowed during this annual open season is shooting with firearms, coursing at regulated coursing matches or hunting under licence with packs of beagles and harriers. Any other form of hunting hares is illegal and is an offence under Section 23 of the Wildlife Act, 1976 (as amended). Under Section 72 of the Wildlife Act, 1976 (as amended) a member of the Garda Síochána who has reasonable grounds for suspecting that a person has committed an offence under any provision of the Wildlife Acts, 1976 and 2000, may, at all reasonable times, stop and search any person who is suspected by the Garda of being in any way concerned in the offence.

A member of the Garda can require the person to give their name and address and to declare and/or produce any specimen of fauna or relevant licence or permission, and the Garda may seize and retain any such specimen which might be required as evidence in any proceedings for an offence. This section also provides that a member of the Garda may, if they have reasonable grounds for suspecting from the activity of any person, that an offence under any provision of the Wildlife Acts, is being, or has been, committed, require that person to desist from continuing or recommencing that activity, and to furnish their name and address and, if requested, to verify the information given. Gardaí also have the authority to arrest or to assist in arresting a suspected person if that person continues or recommences that activity or fails to furnish their name or address or furnishes a name or address which, in the circumstances, there are reasonable grounds to suspect is false or misleading.