Darragh O'Brien (Dublin North, Fianna Fail)
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Question 278: To ask the Minister for the Environment, Heritage and Local Government if, in view of the EU birds directive and the circular which he sent out to farmers and landowners, this will prohibit the use of scarecrows and other such devices which are crucial for vegetable growers within the special protection area zones (details supplied) in County Dublin; and if he will make a statement on the matter. [43994/09]

Darragh O'Brien (Dublin North, Fianna Fail)
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Question 279: To ask the Minister for the Environment, Heritage and Local Government the position regarding the implementation schedule to designate special protection areas (details supplied) in County Dublin under the EU birds directive; the way in which compensation payments will be calculated in view of the fact that there is a wide variety of high value crops grown with in the SPA zones; if the compensation scheme will take account of the variety of crops and vegetables grown and the value of those crops; the involvement he will have with the Department of Agriculture, Fisheries and Food regarding same; and if he will make a statement on the matter. [43996/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 278 and 279 together.

I recently notified land-owners and the public of my intention to re-designate six existing sites in Dublin as Special Protection Areas further to Ireland's obligations under the 1979 Birds Directive. I have also proposed that one additional new site, Dalkey Islands, be designated. Five of the seven sites are island sites on which there is little agricultural activity of the type mentioned in the questions. The remaining two sites are estuarine, wetland sites - Baldoyle Bay and Malahide Estuary - and I understand that there is little agricultural activity, if any, within these sites.

In general, the Birds Directive prohibits the deliberate disturbance of birds, particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of the Directive. This applies to all species of naturally occurring wild birds in the State and applies regardless of whether the disturbance occurs within or outside an SPA. The Birds Directive also provides for derogation from these requirements in a number of situations including to prevent serious damage to crops, livestock, forests, fisheries and water. Licences are issued by my Department further to these derogation provisions. In general, however, the use of traditional scarecrows that do not cause significant disturbance would not require a licence. Farmers who are in any doubt should contact the National Parks and Wildlife Service of my Department.

The Department of Agriculture, Fisheries and Food has principal responsibility for the disbursal of EU and matching funding under the Rural Development Programme to assist farmers in meeting the requirements of the Birds and Habitats Directives and is kept fully informed of any designations.