Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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148. To ask the Minister for Housing, Planning, and Local Government to set out in detail the specific "threats to public health and safety" that underpinned the legal justifications of the derogation for removal of nests and eggs of specified gull species in Balbriggan and its districts each of the years 2017 to 2023 inclusive, including i) such threats as were recognised by successive Departments and Ministers in the annual derogations 2017-2023, ii) such threats as were formally recognised in the Report and Recommendations of his predecessor's Consultative Committee on urban gulls 2019-20, and such threats as were formally recognised (as justification for derogations) in external legal advices acquired by the Department in 2020-2021; and if he will make a statement on the matter. [40101/25]

Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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149. To ask the Minister for Housing, Planning, and Local Government in the context of his Department's advice to his Ministerial predecessor which resulted in the revocation of the Balbriggan derogation (2017-2023, originally granted due to "a threat to public health and safety") for removal of nests and eggs of specified gull species, will the Minister inform the deputy as to whether the Department's official advice to revoke the derogation referred in any way to the existing and legally recognised threat to public health and safety (2017-2023), and in recommending revocation of the derogation to his predecessor, whether that advice explained how or why that legally recognised threat suddenly disappeared, and if that advice did not refer to the legally recognised threat to public health and safety (2017-2023) or explain how this threat had suddenly disappeared, thus enabling revocation; if he will i) explain the situation to the Deputy and ii) instruct his Department/NPWS to reinstate the derogation immediately in order to mitigate the legally recognised threat to public health and safety; and if he will make a statement on the matter. [40102/25]

Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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150. To ask the Minister for Housing, Planning, and Local Government given that he is no doubt aware that the State's Courts have consistently emphasised that protection of the health and safety of citizens is a paramount duty of the State within our legal framework, if he accepts, and if he will ensure, that protection of citizens' health and safety is, therefore, assuredly paramount across his entire Department's priorities, policies and programmes, thus reflecting application of the principle of 'citizens first' across all Government services and activities; if he does not so accept, or will not so ensure, will he explain his reasons; and if he will make a statement on the matter. [40103/25]

Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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151. To ask the Minister for Housing, Planning, and Local Government with reference to the book entitled 'Seabirds Count' a census of breeding seabirds in Britain and Ireland (2015-2021), ISBN 9788416728602, (pub. Nov. 2023), and recurring acknowledgements in that book of the 'Lead Partner' role played by his Department/National Parks and Wildlife Service (NPWS) in the conduct of the census over six years and its publication, will he provide the Deputy with a year on year breakdown, over the duration of the census, the total costs to his Department, itemising internal resource costs, all funds disbursed to identified external organisations, and details of the financial management, audit, control and accounting procedures, in tabular form; if he will provide copies of documents managed and operated by his Department/NPWS) to ensure that all such externally disbursed funds were expended totally and solely on the purpose(s) for which they were intended, that any unused disbursements for the census work were returned, and that all such expenditure was fully accounted for in his Department's budget; and if he will make a statement on the matter. [40104/25]

Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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152. To ask the Minister for Housing, Planning, and Local Government with reference to the published book entitled 'Seabirds Count' a census of breeding seabirds in Britain and Ireland (2015-2021), which deals with 25 species of seabirds, has the Minister noted that 70+ pages out of 484 pages in the book are given over to the escalating proliferation of high density urban-breeding gull colonies (including in many schools, hospitals etc.) compared to the Seabird 2000 census in which urban gull colonies were hardly mentioned - surely a red flag in itself, if he has also noted the recent stark warnings in respect of Avian Flu (in which gulls are heavily implicated) issued by the Department of Health, the Health Surveillance Protection Centre, the Health and Safety Executive, the Department of Agriculture, and indeed by his own Department/NPWS, and Local Authorities - in particular warnings that people should avoid any contact with seabirds - and their faecal waste - which can "harbour the H5N1 virus for very long periods"; if he shares the Deputy's concerns in such regards, and if he agree with the Deputy that the 'Balbriggan Derogation' (granted by successive Ministers in the period 2017-2023 to address a recognised legally threat to public health and safety - a threshold materially higher than the EU's legal threshold) needs to be reinstated immediately - given the proven very high density gull breeding colonies in Balbriggan - and extended to all urban areas impacted by urban gull colonies, as was recommended by the Consultative Committee (CC) on urban gulls in its 2020 Report to the Minister, and as affirmed by independent legal advice acquired by his Department via the CC in 2020/2021; and if he will make a statement on the matter. [40105/25]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 148, 149, 150, 151 and 152 together.

The National Parks and Wildlife Service (NPWS) of my Department has primary responsibility for nature conservation, wildlife protection and the presentation and preservation of our National Parks and Nature Reserves. The mission of the NPWS, as stated in its Strategic Plan 2023-2025, is to Protect Nature.

The decision to remove gulls from the Wild Birds Declaration was taken in the context of the ongoing work to create the North-West Irish Sea Special Protection Area (SPA). This SPA, subject to approval, will extend offshore along the coasts of Louth, Meath and Dublin, and will include a number of gull species as qualifying interests. The decision was also informed by the fact that there was no evidence available that the Declaration had been utilised. I have no plans to reinstate this derogation for gulls in the short term. Including gulls on the Wild Birds Declaration is not being considered at this time due to the availability of satisfactory alternative solutions such as removing the availability of food by prohibiting the feeding of wild birds and correctly disposing of rubbish on our streets. Matters relating to prohibiting the feeding of wild birds, correctly disposing of rubbish on our streets to discourage wild birds from congregating in particular areas, and any warning signage or publicity campaigns in relation to same are the responsibility of the local authority concerned.

Prior to May 2022 the wording on the Declaration in relation to gulls clearly referred to ‘public safety’. However, after it was highlighted that the wording of the Birds Directive used the phrase ‘public health and safety’ and did not delineate between one and the other, the wording in the Declaration was changed. However, the reason for the control of gulls in the Declaration remained ‘threat to public safety’.

I can assure the Deputy that public health and safety is a key consideration in decision making. In 2017, the Department wrote to the Acting Chief Public Health Specialist seeking a view from the HSE as to whether it considered that the seagull issue in north Dublin was a public health matter. In their response the HSE concluded that, while gulls and other pest bird species do carry potentially harmful pathogenic bacteria, “there is little evidence that these birds constitute a significant infectious disease risk to humans that would justify culling the birds”.

The Government recently announced the establishment of the One Health Oversight Committee. One Health recognises that the health of humans, domestic and wild animals, plants, and the wider environment, including ecosystems, are closely linked and interdependent. The Committee was established to provide leadership to the One Health approach across the island of Ireland by facilitating collaboration and co-operation to systematically strengthen capacity and collaboration among diverse stakeholders, both within and beyond the health sector. The NPWS is represented on this Committee.

I am satisfied that the NPWS carries out their functions in a balanced and measured manner in line with the legislative provisions for the protection of wild birds.

Any issue that arises in relation to public health is a matter for the Department of Health.

The NPWS contributed grant assistance in the amount of Stg£4,100 (€4,868.20) in May 2023 to assist in the publication of the Seabirds Count book. This book collated pre-existing data, that NPWS had collected since 2014 to inform national conservation management with data from countries in the UK to produce an overview of breeding seabird number and trends across a larger biogeographic scale. The conditions attached to the award of the grant included that the provisions of Department of Public Expenditure and Reform Circular 13 of 2014 be complied with. This Circular specifies, inter alia, the accounting and control requirements pertaining to such grants. The NPWS received copies of the data and printed publication, and were therefore satisfied that the monies were used for the intended purpose.

The Department of Agriculture, Food and the Marine (DAFM) is the lead Department in relation to avian influenza (AI) has responsibility for AI testing in Ireland. The NPWS is fully aware of the situation in relation to AI, including with regard to advice from DAFM and various authorities, protocols and procedures, etc., and liaise and work with DAFM on an ongoing basis in relation to avian influenza.