Written answers

Wednesday, 13 July 2016

Department of Arts, Heritage and the Gaeltacht

Wildlife Regulations

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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171. To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 148 of 30 June 2016, to clarify that the provisions under section 42 of the Wildlife Acts, are not appropriate or sufficient for dealing with large-scale problems with seagulls across a large area of north County Dublin. [21479/16]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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172. To ask the Minister for Arts, Heritage and the Gaeltacht her views regarding the fact that the National Parks and Wildlife Service has said that it does not undertake wild bird control programmes; has advised that control measures are a matter best raised at a local level in the first instance with relevant local authorities, advice contradicted by local authorities which say control measures are a matter for the appropriate national authorities; to clarify the body, in the first instance, empowered to undertake or organise control measures in instances where wild birds are causing a serious nuisance. [21480/16]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 171 and 172 together.

All birds are subject to protection under the EU Birds Directive. As such, seagulls, the bird species in question, enjoy protection under this legislation. The population of herring gulls has greatly declined in Ireland (by about 90%) over the past 40 years, probably due to improvements in managing landfill sites as well as other factors. Nonetheless there are substantial numbers in some coastal towns and cities, including north Dublin city and county. Herring gulls can be a nuisance because of noise, mainly in July and early August, and may steal food from people eating outdoors. In the latter case, the easy availability of food sources from litter or feeding by people may be contributing factors to the bird behaviour of concern.

Ireland, like all EU Member States, is bound by the requirements of the Birds Directive. There are circumstances under which Member States can derogate from certain provisions of the Birds Directive in cases where there is no other satisfactory solution.The circumstances include: in the interests of public health and safety, in the interests of air safety, to prevent serious damage to crops, livestock, forests, fisheries and water and for the protection of flora and fauna.

Applications for derogation licences are considered on a case by case basis.My Department has not received an application for such a licence nor has it received any definitive proposal in relation to the control of birds in the context of the area in question. One of the primary roles of the National Parks and Wildlife Service of my Department is the implementation of EU law in Ireland in respect of nature conservation. My Department does not undertake control programmes, such as culls for example, in relation to bird species protected under the Directive. My Department will consider any application for such a licence, having regard to the provisions of the relevant legislation.

In terms of an application for a licence or a project proposal, the applicant would be required to demonstrate that a demonstrable risk to public health tied to a specific problem exists. My Department is not a competent authority in relation to matters of public health. I should point out that this application process is separate to any application received under Section 42 of the Wildlife Acts and, in that regard, my Department has received no application under Section 42.

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