Written answers

Wednesday, 22 March 2023

Department of Housing, Planning, and Local Government

Wildlife Protection

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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124. To ask the Minister for Housing, Planning, and Local Government if he will outline his role, in the study and protection of hedgerows; and if he will make a statement on the matter. [14203/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Restrictions on cutting hedgerows are set out in Section 40 of the Wildlife Act 1976, as amended. This Act stipulates that it is an offence to destroy vegetation on uncultivated land between the 1 March and the 31 August each year. It is a significant legal protection for our hedgerows and recognises the importance of this habitat for many bird and other species and as wildlife corridors.

My Department continues to vigorously enforce this legislation. Suspected breaches are investigated by the National Parks and Wildlife Service (NPWS) of my Department and An Garda Síochána. The NPWS has sent 37 section 40 cases to the Chief State Solicitors Office since the beginning of 2022.

The NPWS also has a Farm Plan Scheme, which, inter alia, supports the creation and enhancement of hedgerows and other linear/connective landscape features of value to wildlife.

My Department undertakes a variety of habitat studies in which hedgerows may feature, including, for instance, the Hen Harrier Habitat Mapping Project 2016 and the Land Cover Data 2018 for Ireland. The NPWS also participated in the Steering Group of Farm-Carbon (lead by the Department of Agriculture, Food and the Marine), which provided a greater understanding of the land use mitigation potential of hedgerows in Irish agriculture.

My Department is currently conducting a review of wildlife legislation. This is an extensive review and is a multi-year project, taking in every facet of our wildlife laws. It will entail extensive public consultation. It will examine closely the effectiveness of our legislation in protecting wildlife and regulating activities that adversely impact on wildlife and biodiversity. The protection afforded to hedgerows under our legislation is one of the issues that will be closely examined as part of this project.

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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125. To ask the Minister for Housing, Planning, and Local Government if he will provide an update on the review of the Wildlife Act 1976; and if he will make a statement on the matter. [14206/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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My Department has commenced a review of wildlife legislation.

This is an extensive review and is a multi-year project, taking in every facet of our wildlife laws. It will entail extensive public consultation. It will examine closely the effectiveness of our legislation in protecting wildlife and regulating activities that adversely impact on wildlife and biodiversity.

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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126. To ask the Minister for Housing, Planning, and Local Government the number of times the NPWS working group, convened to focus on bird species of concern that are included in the open season hunting list, has met; the outcomes from those meetings; what the next steps will be; and if he will make a statement on the matter. [14207/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The National Parks and Wildlife Service (NPWS) working group for the review of birds on the Open Seasons Order has met six times, the result of which is the commencement of a public consultation on the Review which opened for submissions today 22 March 2023 and will conclude on 3 May 2023. The responses to the public consultation will be analysed and will inform recommendations to me. This will include recommendations on short, medium and long-terms actions concerning the management of the Open Seasons Order for birds.

Details of the public consultation can be accessed on my Department’s website at the following link: www.gov.ie/en/consultation/c98d4-public-consultation-on-amending-the-open-seasons-order-for-birds/

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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127. To ask the Minister for Housing, Planning, and Local Government if he will exclude bird species of concern that is, red and amber listed from the 2023-2024 open season hunting list; and if he will make a statement on the matter. [14208/23]

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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128. To ask the Minister for Housing, Planning, and Local Government if his Department operates under the principle of the precautionary approach in relation to species management, and if not, the rationale for not adhering to that ecological principle; and if he will make a statement on the matter. [14209/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The precautionary principle is enshrined in EU and international environmental law. It is an approach to risk management, whereby, if it is possible that a given policy or action might cause harm to the public or the environment, the policy or action in question should not be carried out. My Department applies this principle in all relevant decision making processes.

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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129. To ask the Minister for Housing, Planning, and Local Government if the NPWS national survey on the prevalence of RHD2 in rabbits has been completed; what the results of that survey were and their relevance to hare populations; and if he will make a statement on the matter. [14210/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Following initial concerns about the potential impact of RHD2 on the Irish Hare after the disease was first reported in the wild in Ireland, the number of records declined significantly. Only two positive records were recorded in 2021 - one hare and one rabbit - with one further record in a wild rabbit notified to the Department since then. Nonetheless, the National Parks and Wildlife Service of my Department, together with colleagues in the Department of Agriculture, Food and the Marine, are continuing to monitor for any unusual mortality events in hares in the wild in Ireland.

Photo of Jennifer WhitmoreJennifer Whitmore (Wicklow, Social Democrats)
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130. To ask the Minister for Housing, Planning, and Local Government the scientific, social or economic considerations and assessment he takes into account when issuing the annual licence for hare coursing; and if he will make a statement on the matter. [14211/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Irish hare is protected under the Irish Wildlife Acts and can only be captured under licence; hunting of hares is limited to the Open Season.

The Irish hare is listed on Annex V of EU Directive 92/43/EEC (the Habitats Directive) and this listing requires member states to manage the species’ sustainably. The Habitats Directive also requires Ireland to make a detailed report every six years on the conservation status of all listed species, including the Irish hare. Ireland’s most recent report in 2019 included a comprehensive assessment of the range, population status, habitat and threats for the Irish hare. The report can be viewed here: www.npws.ie/publications/article-17-reports/article-17-reports-2019.

The 2019 report notes that the hare is widespread and common in Ireland with a broad habitat niche; it is found throughout the country from coastal habitats to upland heath and bog. The report does highlight some concerns about the loss of habitat quality due to agricultural intensification and afforestation, but overall the species is considered to be in favourable conservation status. In addition, the most recent Red Data List for Mammals in Ireland (2019) confirmed that the species is not threatened; it assessed the Irish hare as “Least concern". Further details are available at the following link: www.npws.ie/sites/default/files/publications/pdf/Red%20List%20No.%2012%20Mammals.pdf.

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