Michael Moynihan (Cork North West, Fianna Fail)
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288. To ask the Minister for Arts, Heritage and the Gaeltacht if daily fines are applied if the country does not comply with EU regulations to conserve the hen harrier in special conservation areas; and if she will make a statement on the matter. [38765/14]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Under the provisions of the 1979 EU Birds Directive, Ireland is required to designate Special Protection Areas (SPAs) for endangered birds, including the Hen Harrier. In 2007, Ireland was found by the Court of Justice of the European Union to have failed to meet its obligations in this regard. Six sites containing suitable breeding and foraging habitat for the Hen Harrier have now been designated as SPAs. Consented activities within these SPAs - such as wind-farm development and afforestation, for example - can only be undertaken in keeping with the provisions of Article 6 of the EU Habitats Directive, which require ecological assessment of the impact of such development by the consent authority involved. Where an adverse impact cannot be ruled out, the authority is prevented from granting consent, except in exceptional circumstances.

A failure by Ireland to adhere to these requirements could result in further infringement action and the imposition of fines, including daily fines, by the Court of Justice. My officials are currently working with their counterparts in three other Government Departments to draw up a threat response plan for the Hen Harrier, which will explore how best Ireland can meet its conservation obligations for this species, while bringing more clarity and certainty to land-owners about forestry, agriculture and wind-farm development within these SPAs.