Pearse Doherty (Donegal, Sinn Fein)
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601. To ask the Minister for Arts, Heritage and the Gaeltacht to review the designation of the Meenlaragh Falcarragh special protection area in County Donegal; if she is aware of the ongoing controversy and resentment among communities within the region as a result of the area's designated status due to the associated restrictions placed on landowners; and if she will make a statement on the matter. [5081/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Court of Justice of the European Union made a judgement against Ireland in 2007 in case C-418/04, for failing to implement in full the EU Birds Directive. In a significant element of the judgement, the court found that Ireland had not designated sufficient special protection areas for the corncrake and in paragraphs 101-102 of the judgement referred specifically to the Falcarragh to Mín an Chladaigh area. This area had long had a substantial population of this species and therefore was required by the Court to be included in the special protection area network. However, the corncrake population has declined in recent years.

The intention to designate the Falcarragh to Meenlaragh special protection area was advertised in July 2011. Landowners were advised that they could appeal against the proposed designation of the site as a special protection area. The appeals process has two stages: a Departmental review of an objection to the proposed designation, after which landowners who receive an adverse review may opt to take their cases to the Designated Areas Appeals Advisory Board. This is an independently chaired Board which makes recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, on such cases.

While a number of appeals are before the Board relating to the Falcarragh to Meenlaragh special protection area, the appeal hearings had been adjourned by the Board. Subsequent to this adjournment I, along with Minister of State, Joe McHugh T.D., met with a group representing landowners from Mín an Chladaigh to discuss the issues arising. Officials of my Department have also met with the landowners on a number of occasions and with the Board.

My officials are now working towards a draft management plan for the site, to be developed in full consultation with landowners and Donegal County Council. This will aim to address as much as possible the concerns of landowners regarding the special protection area while providing for restoration of the corncrake.

I understand that the Board has recently informed appellants that it believes that the adjournment on appeals for this site should remain in place until this draft management plan is developed and presented by my Department.

I have no plans to review the current designation of the Falcarragh to Meenlaragh special protection area. However, the final boundary of the site may be amended as a result of the appeals process.