Róisín Shortall (Dublin North West, Social Democrats)
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541. To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question Nos. 148 of 30 June 2016, 1681 of 22 September 2015 and 87 of 24 March 2015, and the Wildlife Acts 1976 to 2012 and the European Communities Birds Directive, her plans to actively engage with Dublin City Council to curtail this issue, including the issue of permits as outlined in previous replies; if her attention has been drawn to an issue (details supplied); the steps she will take to end the disruption and nuisance caused by these birds during the breeding season; and if she will make a statement on the matter. [22685/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I indicted in my reply to Parliamentary Question No. 148 of 30 June 2016 that there is a facility, under section 42 of the Wildlife Acts, for a person to obtain a permit, to take certain actions, including the scaring, capturing or killing of birds where they are causing serious damage to buildings and other structures, food (including human food products), agricultural crops, forestry plantations, other fauna, etc. Individuals and public bodies such as local authorities can apply to my Department for such permits.

I have granted Dublin City Council three such permits to scare seagulls in recent years and it open to the City Council to submit further applications to my Department which will be examined on a case by case basis.

Clare Daly (Dublin Fingal, Independent)
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542. To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 465 of 12 July 2016, if she will clarify who is empowered to submit an application for a derogation and if both local councils and private individuals are empowered to do so. [22698/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My reply to Parliamentary Question No. 465 of 12 July 2016 indicated that while 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.

These applications can be made by individuals and public bodies including local authorities. As already indicated in my reply of 12 July 2016 the applicant would be required to demonstrate that a demonstrable risk to public health tied to a specific problem exists. My Department will consider any application for such a licence on a case by case basis having regard to the provisions of the relevant legislation.