Legal challenge to shooting ban on State lands

The director of the National Association of Regional Game Councils was given leave by the High Court yesterday to challenge a…

The director of the National Association of Regional Game Councils was given leave by the High Court yesterday to challenge a ministerial decision to continue a blanket ban on shooting on State lands acquired for nature conservation purposes.

The judicial proceedings are being taken by Mr Desmond Crofton in his capacity as director of the association, an umbrella organisation representing game clubs and which has 23,000 members.

In applying for leave to Mr Justice O'Neill to take the challenge, Mr Gerard Hogan SC, for the director, said the matter arose from a decision of January 24th by the Minister for the Environment, Heritage and Local Government to refuse to allow, under any circumstances, shooting on State lands purchased for conservation purposes.

The director claims it is unreasonable for the Minister, being the person responsible for large tracts of public land purchased with public money, to deprive a large section of the public of the right to pursue a legal recreational pursuit on lands while allowing other groups to do so.

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In an affidavit, Mr Crofton said that, as the State acquires greater tracts of public land, there has been a significant diminution in the shooting land available for members, particularly in the eastern part of the country.

He said lands being acquired by the State were those over which the association's members traditionally shot. By virtue of the application of a policy of refusing to permit shooting once lands passed into State ownership, members had been denied access to pursue their sport.

Although the amount of lands in State ownership might not appear very significant in the context of the total landmass of the State, the lands which had been acquired by the State consisted of some of the best shooting territories in the country.

Mr Crofton said he had been involved in significant research on the subject, and could inform the court that Ireland was one of the only states in the EU where shooting on State lands was not permitted. He had been involved in a lobby against the existing policy, and had made significant attempts to have it reviewed.

However, in a letter last January, the Minister had advised the association that the existing prohibition on shooting on State lands acquired for nature conservation purposes would continue.

The Minister had also said he did not consider that there was anything to be gained by engaging in further correspondence.