The European Commission has formally reprimanded the Republic for failing to protect the country's wild bird population and for not adopting and implementing a crucial national heritage plan.
"On the basis of the information at its disposal, the Commission maintains its view that Ireland has failed to encourage research and any work required as a basis for the protection, management and use of the population of all the wild bird species suffering a decline in population and/or range as a result of changes to their habitats," says the EC's "reasoned opinion", a legal document which has been seen by The Irish Times.
In April last year the Department of the Marine and Natural Resources and D·chas, the heritage board - were invited, in a "letter of formal notice" from the Commission, to specify if they considered they "had encouraged the necessary research and work" in relation to wild birds under threat.
The letter charged that since 1981, Ireland had failed to classify "all the most suitable territories" for various species, contrary to Article 4 of the 1979 "Birds Directive". It had also failed to establish the necessary legal protection regime for classified Special Protection Areas (SPAs), as specified by the directive. Ireland had also failed to adequately transpose into Irish law the terms of both this directive and the 1992 "Habitats Directive" which provide for the assessment of plans likely to significantly affect SPAs.
The reply from the Irish authorities, dated May 30th, 2000, provided no specific information on the wildlife species listed in the EC's letter. It affirmed that D·chas had carried out research "either on its own or in conjunction with other bodies", and said Ireland's National Heritage Plan, currently being prepared, would "include a specific commitment to research, giving priority to habitats and species which are endangered or threatened".
Ireland has designated 111 SPAs since the Birds Directive came into force, and classified "most of its wetlands of international importance", the EC notes. However, "serious gaps" remained in the State's SPA network. A review of the country's Important Bird Areas (IBAs) was carried out in 1999 as part of a wider European study; 140 IBAs were identified, about 60 per cent of which were coastal and 20 per cent related to lakes and inland loughs.
In their May 30th letter, the Irish authorities indicated 43 IBAs did not have SPA status, and that 19 of these were "in the course of preparation for transmission to the Commission". The sites concerned included Loop Head, the Sovereign Islands (near Kinsale), Clonakilty, Ireland's Eye, Howth Head, Skerries, Wicklow Head and Helvick.
"Notwithstanding these indications, the Commission had not, as of September 20th, 2001, received any notifications of classifications in respect of the aforementioned 43 IBAs."
The reasoned opinion notes a "significant problem of partial classification": a failure to classify SPAs in accordance with ornithological criteria as laid down by case law determined by the European Court of Justice. This appeared to be the result of a "pragmatic approach" by the State in the period 1994-96 to limit classification to areas of public ownership "and leave out areas seriously contested by economic interests, in particular port-related interests".
The Bannow Bay SPA, which supports significant numbers of wildfowl and wader species, is a case in point. In 1998, the Commission registered a complaint against Ireland in relation to unauthorised mechanical shellfish harvesting there. In 1995 an application for mechanical cockle harvesting had been refused by the Department of the Marine on grounds of Bannow's SPA status.
Nonetheless, mechanical harvesting began without authorisation on a private foreshore: "D·chas was alerted but took no action. In December 1997, harvesting spread to State-owned foreshore; this required a licence from the DOMNR." Despite appeals, says the Commission, neither D·chas nor the Department took action.
The Department confirmed last night it had received the reasoned opinion from Brussels.