Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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314. To ask the Minister for Housing, Planning, and Local Government if he will confirm unequivocally whether he is satisfied that the current policies, priorities, decisions and actions of his Department, including in particular, the National Parks and Wildlife Service, both should and do always treat the protection of public health and safety of citizens (especially but not exclusively, children, immune-compromised, otherwise vulnerable and elderly citizens) as being more important than the protection of wild birds, in particular in high density urban settings (for example, residential, schools, nursing homes, hospitals, food premises, and so on) as distinct from in natural/protected wild bird habitats; if he is not so fully satisfied, if he will advise of any circumstances and associated justifications, where he considers and or is advised by his Department/NPWS that the protection of wild birds is of higher importance than the protection of citizens, in particular in high-density urban settings; and if he will make a statement on the matter. [33273/25]

James Browne (Wexford, Fianna Fail)
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Under the terms of the Birds Directive (Directive 2009/147/EC), all Member States of the EU are obliged to take measures to protect all naturally occurring 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. As a member of the EU, Ireland has an obligation under this law to protect all wild birds. The Birds Directive is transposed into Irish law through the European Communities (Birds & Natural Habitats) Regulations 2011; the Wildlife Act 1976; S.I. No. 576/2023 - European Communities (Birds Declarations) Regulations 2023, and a number of other legal instruments.

The prohibitions set out under the Birds Directive include:

- (a) deliberate killing or capture by any method

- (b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests

- (c) taking their eggs in the wild and keeping these eggs even if empty

- (d) deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive

- (e) keeping birds of species the hunting and capture of which is prohibited.

It is possible to derogate from these prohibitions where there is no other satisfactory solution, including on grounds of public health and safety. Under S.I. No. 576/2023 - European Communities (Birds Declarations) Regulations 2023, the Minister may allow certain actions against certain birds under certain circumstances including in the interests of public health and safety. This declaration is reviewed and renewed each year. A link to this Declaration is available below.

www.npws.ie/sites/default/files/files/general-declaration-1-january-2025-31-december-2025.pdf.

The National Parks & Wildlife Service is responsible for the administration of these laws and I am satisfied that they carry out their functions in a balanced and measured manner in line with the legislative provisions for the protection of wild birds.