Darragh O'Brien (Dublin Fingal, Fianna Fail)
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277. To ask the Minister for Arts, Heritage and the Gaeltacht if section 3(1)(a) of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986) gives effect to the EU derogation that permits and legalises a range of control measures to be carried out on otherwise legally protected bird species, expressly and explicitly, for the protection of public health and safety and the prevention of disease or injury; and if she will make a statement on the matter. [33483/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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278. To ask the Minister for Arts, Heritage and the Gaeltacht the direct authority and the frequency with which the process is carried out for the review or updating as necessary, production and publication of both the declaration under 3(1)(a)of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986) and the derogation species list that it covers; the exact means by which this process is initiated, conducted and completed; and if she will make a statement on the matter. [33484/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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279. To ask the Minister for Arts, Heritage and the Gaeltacht the organisations which are represented in the process that produces the declaration under 3(1)(a)of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986) and, in respect of the organisation(s) represented, the grade levels, functions, qualifications and expertise of the personnel involved in the process, with particular reference to and relevance to the legal and stated purpose of the declaration; and if she will make a statement on the matter. [33485/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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280. To ask the Minister for Arts, Heritage and the Gaeltacht the way and by whom the final decision is made in respect of each bird species as to whether it is included on or removed or excluded from the derogation list covered by the declaration under 3(1)(a)of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986); if those decisions are reached on a consensus basis, which organisation holds a casting vote if one is needed; and if she will make a statement on the matter. [33486/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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281. To ask the Minister for Arts, Heritage and the Gaeltacht the way in which, the formats in which, the frequency with which, and the sources from which information is gathered, verified and assessed each time the declaration under 3(1)(a) of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986) is updated and published; and if she will make a statement on the matter. [33487/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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282. To ask the Minister for Arts, Heritage and the Gaeltacht if any gull species (details supplied) have ever previously been considered for inclusion on the derogation list under SI No. 254 of 1986; if so, if she will summarise the considerations made and the basis for the decisions taken; if none of the pertinent gull species have previously been considered for listing, the circumstances that would necessitate consideration of any or each of the gull species to be considered for listing; and if she will make a statement on the matter. [33488/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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283. To ask the Minister for Arts, Heritage and the Gaeltacht if there are any safeguards in the process used to produce the declaration under 3(1)(a)of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986), and the derogation species list that it covers, to ensure that a protected species that may also be currently red listed as a species of conservation concern, would and will nonetheless be made amenable to control measures in circumstances in which it poses a risk to public health and safety, including injury or sickness; and if she will make a statement on the matter. [33489/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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284. To ask the Minister for Arts, Heritage and the Gaeltacht if there are safeguards in the process used to produce the declaration under 3(1)(a) of the European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 (SI No. 254 of 1986), and the derogation species) list that it covers, if she will advise of same; the person who has the ultimate decision authority regarding a red listed species that may in fact need to go onto the derogation list; if there are no such safeguards in the current process, the way in which her Department intends to address such a procedural issue; and if she will make a statement on the matter. [33490/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 277 to 284, inclusive, together.

The EU 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(a), Member States may derogate in the interests of: public health and safety; air safety; to prevent serious damage to crops, livestock, forests, fisheries and water; and for the protection of flora and fauna.

These derogations are achieved by way of declarations, which are made on an annual basis, under the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986, as amended, which allow the capturing and killing of some listed bird species in certain situations. There are no specified formats for, nor specified sources from which, relevant information which may be considered in this regard. The declarations are made under the legislation by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs and there is no voting process involved.

The herring gull, the greater black-backed gull, the lesser-black-backed gull, the starling and the sparrow, while listed in the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986, are not currently included in the derogations. A review of the derogations is scheduled for 2018, as advised to the EU Commission, and this will take account of all relevant factors, including perceived threats, distribution and population data available on the bird species in the derogations. The review will include a public/stakeholder consultation element. In the meantime, species can be added to or dropped from the derogations list, depending on new information available at the time of making annual derogations.