Michael Creed (Cork North West, Fine Gael)
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133. To ask the Minister for Arts, Heritage and the Gaeltacht the reason for the extraordinary delay in finalising the threat response plan in respect of the hen harrier population in Mullaghareirk and Bogra SPA; and if he will make a statement on the matter. [52221/13]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The designation of six Special Protection Areas (SPAs) for the hen harrier was done to meet the requirements of the European Birds Directive and in part response to an infringement case that resulted in an adverse finding against Ireland in 2007 regarding Ireland’s implementation of certain aspects of the Birds and Habitats Directives. Certain activities within these sites require consent from State authorities. These include the granting of forestry consents by the Minister for Agriculture, Food and the Marine and consent by planning authorities for developments such as wind-farms. The granting of such consents must be done in compliance with the requirements of Article 6 of the Habitats Directive.

Following a recorded decline in the numbers of breeding hen harriers in several of these SPAs, the EU Commission has expressed concerns in regard to how such consents relating to these sites have been assessed. The issue of forestry consents has been subject to separate infringement proceedings under the Strategic Environmental Assessment Directive. In response to these developments, my Department has begun the process of formulating a hen harrier threat response plan under the European Communities (Birds and Natural Habitats) Regulations 2011 which will, among other things, explore possible ways forward that can meet the requirements of the EU Directives while providing assistance to consent authorities in how to meet their legal obligations regarding these sites. It is hoped that the Plan, once finalised, will address the concerns voiced by landowners, users and other stakeholders and it is anticipated that it will address forestry, planning and farm-payment issues.