Written answers

Wednesday, 2 November 2016

Department of Arts, Heritage and the Gaeltacht

EU Directives

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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262. To ask the Minister for Arts, Heritage and the Gaeltacht if her Department holds and operates the licensing function for control measures that can be carried out on bird species under national wildlife legislation and under the EU birds directive. [32732/16]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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266. To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 530 of 27 September 2016, if a typical single case application for a bird control derogation licence usually necessitates a site visit, an inspection and a report by a conservation ranger, followed by an adjudication in her Department with reference to the legislation, and concluded with a written decision from her Department being sent back to the applicant; if each such application can take several weeks to fully process; and if her Department has one conservation ranger serving all of north Dublin to service the inspection and reporting requirements of each application. [32736/16]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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267. To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 530 of 27 September 2016, if her Department, along with the Department of Health and other public health bodies, has the resources to process a very high volume of applications on a case by case basis in a timely fashion (details supplied). [32737/16]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 262, 266 and 267 together.

As indicated by my reply to Parliamentary Question No. 530 of 27 September 2016, applicants may apply to my Department for derogation licences to control certain bird species, which are considered on a case by case basis. Officials of the National Parks and Wildlife Service of my Department would assess each such application, which would include an examination of the proposed control measures and a site visit to the area concerned, followed by a written recommendation on the application.

While my Department endeavours to examine all application for licences and permits under the Wildlife Acts in a timely manner, there are instances where delays can occur due to the volume of applications for certain licences. However, my Department works to ensure that any such delays are kept to a minimum.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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263. To ask the Minister for Arts, Heritage and the Gaeltacht if the National Parks and Wildlife Service is Ireland’s representative on the EU ORNIS Committee (details supplied). [32733/16]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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264. To ask the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 531 of 27 September 2016, if EU member states, including Ireland, submit birds directive derogation licence reports annually to the EU ORNIS committee; if such reports list in detail every derogation licence issued by a member state under the birds directive, for every form of control measure, on every protected bird species; and if her Department has access to detailed information regarding the derogation licensing activities and the resulting control measures from those derogation licences in all member states that file reports to ORNIS. [32734/16]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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265. To ask the Minister for Arts, Heritage and the Gaeltacht her views on the fact that Northern Ireland, Scotland, Wales and England, in addition to the birds directive derogation licences that they issue and file annually to ORNIS, also issue general licences through their respective wildlife agencies that each include the herring gull, the lesser-black-backed gull and the greater black-backed gull as amenable to control measures for reasons of public health and safety. [32735/16]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 263 to 265, inclusive, together.

The work of the Ornis Committee, which was an advisory committee, has been assimilated into the Expert Group on the Birds and Habitats Directives. My Department is represented by appropriate officials at these meetings, depending on the agenda.

The Birds Directive is implemented in Ireland under the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011. Under the terms of the Directive, all Member States of the EU are bound to take measures to protect all wild birds and their habitats. Under Article 9(1) Member States may derogate on the basis of a number of reasons, including in the interests of public health and safety; air safety; and to prevent serious damage to crops, livestock, forests, fisheries and water; for the protection of flora and fauna; and for research, teaching, repopulation and reintroduction.

Members States must report to the European Commission on an annual basis on the implementation of the provisions in Article 9(1). Article 9(2) sets out the details to be included in derogation reports to the Commission and include

- The bird species;

- The means, arrangements or methods authorised for capture or killing; and

- Time and place and controls to be carried out.

The European Commission publishes a composite report which provides an analysis of the EU Member States annual reports and an assessment of the conformity of the derogations issued with the provisions of the Birds Directive. Individual Member State reports, including those for Ireland, are also published.

My Department is aware of some other Member States that issue licenses under their domestic legislation in relation to the control of certain bird species, including some species of gulls.

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