Written answers
Tuesday, 9 July 2024
Department of Housing, Planning, and Local Government
Wildlife Regulations
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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398. To ask the Minister for Housing, Planning, and Local Government his views on a matter concerning birds in Balbriggan, County Dublin (details supplied). [29209/24]
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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399. To ask the Minister for Housing, Planning, and Local Government his views on a matter concerning birds (details supplied). [29210/24]
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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400. To ask the Minister for Housing, Planning, and Local Government if he will provide an itemised total cost to the Exchequer incurred in respect of his Department/National Parks and Wildlife Services’ independently chaired consultative committee (CC) on urban gulls (2019-2021), including the cost of expert legal advices sourced by his Department/NPWS to advise the CC; and if he will confirm that both the CC and its expert legal advisor concluded and recommended that derogations enabling the removal of nests and eggs of seagull species were unreservedly justified in the interests of public health and safety, based on detailed evidence that was considered and on the pertinent national and EU legislation. [29211/24]
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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401. To ask the Minister for Housing, Planning, and Local Government his views on a matter (details supplied). [29212/24]
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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402. To ask the Minister for Housing, Planning, and Local Government his views on a matter concerning birds (details supplied). [29214/24]
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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424. To ask the Minister for Housing, Planning, and Local Government his views on a matter concerning birds (details supplied). [29563/24]
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I propose to take Questions Nos. 398 to 402, inclusive, and 424 together.
Under the terms of the Birds Directive (Directive 2009/147/EC) all Member States of the EU are bound to take measures to protect all wild birds and their habitats. The Directive prohibits, inter alia, the deliberate killing or capture of wild birds by any method, the removal of nests or the taking of eggs.
There are other legal methods available that can be used by individuals to control protected wild birds, such as gulls, where they are causing serious damage. The facility to apply for a Section 42 permit under the Wildlife Acts will continue to be available.
The matters raised in relation to Ireland’s legal obligations under the Birds Directive and in relation to the interpretation of the intention of the Oireachtas in respect of the Third Schedule of the Wildlife Act 1976 are matters for the Courts. The Third Schedule of the Wildlife Act 1976 as originally passed listed a number of birds to which the protections of the Act did not apply. The Third Schedule was last amended by the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1985 (S.I. No. 397 of 1985). This is the only amendment of the Third Schedule and it brought the Act into better compliance with the Birds Directive.
As highlighted in the 2021 Irish Wildlife Manual Urban Gulls report, there are a myriad of factors which may influence the presence or absence of urban nesting gulls (including proximity to known/historical breeding sites, to water bodies, distance from the sea). Anthropogenic factors supporting urban nesting gulls include the abundance of food in these urban/suburban areas; suitability of some structure/building as nesting locations, and conversely, increased pressures in the marine environment, such as commercial fishing limiting foraging opportunities for many seabirds, seabird bycatch, and climate change effects on availability of key prey species.
The National Parks and Wildlife Service (NPWS) of my Department is not the lead organisation in relation to matters raised. The Department of Agriculture, Food and the Marine (DAFM) has responsibly for avian influenza testing in Ireland and the NPWS will always contact them when it becomes aware of such issues. The NPWS is fully aware of the situation in relation to Avian Influenza, including with regard to advice from DAFM & various authorities, protocols & procedures, etc., and liaise and work with DAFM on an ongoing basis in relation to Avian Influenza
Matters relating to prohibiting the feeding of wild birds; correctly disposing of rubbish on our streets to make them less attractive and to discourage them from congregating in particular areas; any warning signage or publicity campaigns in relation to same is a matter for the relevant Local Authority.
Any issue that arises in relation to public health is a matter for the Department of Health.
A breakdown of the costs to the Exchequer of the Consultative Committee to undertake a review of the issues surrounding the impact of gulls in urban areas are set out below:
Role | Amount |
---|---|
Chairman – Consultative Committee on Urban Gulls | €9,631.09 |
Researcher (University of Bristol) | €668.23 |
Environmental Sociologist, National University of Galway | €500.00 |
Barrister at Law | €4,000.00 |
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