Éamon Ó Cuív (Galway West, Fianna Fail)
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870. To ask the Minister for Environment, Community and Local Government in relation to the problem of seagulls creating serious noise pollution for Dublin city residents and in view of similar recent difficulties being experienced at the Department of Health, Hawkins House, Dublin 2 and in the context of this bird species being diverted away from Ireland’s Eye and Lambay Island, his plans to deal with the problem; the measures that urban dwellers affected by the problem can take; if there is any official/section within his Department who could liaise with affected residents to assist with the problem which seems to be having a very negative impact on the quality of life of some residents particularly those at location (details supplied) in Dublin 5; and if he will make a statement on the matter. [11239/15]

Alan Kelly (Tipperary North, Labour)
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Section 107 of the Environmental Protection Agency (EPA) Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. The Environment Section of Dublin City Council is the appropriate contact point for reporting a noise nuisance in this regard. However, these powers are aimed at mitigating noise of human origin emanating from any premises, processes or works and would not necessarily be suited for addressing nature derived noise from birds or other wildlife.

My Department has been informed by the Department of Arts, Heritage and the Gaeltacht that all wild birds, including seagulls, are protected under the Wildlife Acts 1976 to 2012 and the European Communities Birds Directive. There is a facility under the legislation for a person to obtain a permit from the Minister for Arts, Heritage and the Gaeltacht to take certain actions including the scaring, capturing or killing of birds where they are causing serious damage to buildings and other structures, food, agricultural crops, forestry plantations, other fauna, etc. However, noise disturbance levels would generally not constitute a valid reason for the issuing of any such permit.

The Department of Arts, Heritage and the Gaeltacht has further advised that the easy availability of a food source or the brightness of artificial light may be contributing factors to the bird behaviours in question.