Special Protection Areas (SPA) and Land Value, 07/02/2003.

Mr. Murphy (Gerard Murphy, Cork-NW, FG.) asked the Minister for the Environment and Local Government if his attention has been drawn to the dramatic impact the introduction of SPAs will have on land values in these regions; and if there are proposals to compensate landowners affected by these designations.

Minister for the Environment and Local Government (Mr. Cullen): Ireland now has more than 100 special protection areas, SPAs, designated under the EU Birds Directive, some of which have been in place for a considerable number of years. My Department is not aware of any evidence of these designations having a dramatic impact on land values. The designation of SPAs does not in itself give rise to any entitlement to or need for compensation. Compensation is payable when financial losses arise from restrictions imposed on existing activity, to meet conservation requirements resulting from designation. The Government remains committed to payment of compensation to land owners on this basis as and when it arises. Farmers in the REP scheme receive higher rates of payment if their lands are within a designated SPA.

The Oireachtas undertook a comprehensive review of planning legislation in the Planning and Development Act 2000. Under this recently enacted legislation, planning permissions may be refused or conditioned by reference to the requirements of bird habitats under SPAs without normally giving rise to planning compensation.

Wind Farms and Hen Harriers.

Mr. Murphy asked the Minister for the Environment and Local Government the studies which have been undertaken by Dúchas to show the impact of wind farms on the displacement of hen harriers out of their existing habitats.

Minister for the Environment and Local Government (Mr. Cullen): Two studies have been commissioned by my Department on the implications of wind farm development for the conservation of hen harriers.

The first, which is being undertaken by postgraduate scientists under my Department's supervision, is designed to study spatial usage, by hunting hen harriers, of a wind farm site with planning permission and an adjacent control site, before and after construction of the wind farm. The second study was carried out under contract in 2002 in County Kerry at the only known location in the country where hen harriers breed close to an operational wind farm. It is at present being peer reviewed and will be made available following this process.

Selection of SPAs.

Mr. Murphy asked the Minister for the Environment and Local Government the basis on which Dúchas has selected the SPAs; and the studies which they have undertaken to justify this extreme course of action for these regions.

Minister for the Environment and Local Government (Mr. Cullen): The EU Birds Directive requires member states, among other things, to designate special protection areas, SPAs, for birds requiring special attention, including vulnerable and rare species and migratory species. It also obliges member states to designate wetlands of international importance. The main selection criteria in relation to SPAs have included the following: that the area is used regularly by 1% or more of the population of bird species listed in Annex 1 of the birds directive; that the area is used by 1% or more of the population of a regularly occurring migratory species; and that the area is used by over 20,000 waterfowl or 20,000 seabirds in one season.

Other criteria include issues relating to population size and density, species range, breeding success, history of occupancy, multi-species areas, naturalness of the area and the existence of severe weather refuges. Bird surveys undertaken or commissioned by my Department, together with information from Birdwatch Ireland and other sources, underpin the above assessments.

Special Protection Areas for Hen Harriers 18/02/2003.

Mr. Cregan (John Cregan, Limerick-W, FF) asked the Minister for the Environment and Local Government the proposals by Dúchas to designate an area of special protection for the hen harrier in west Limerick; the origins of this proposal; the research to date; the exact areas proposed; the effects and restrictions which this will have on the lands; and his plans to compensate landowners for the loss of income and devaluation of lands.

Minister for the Environment and Local Government (Mr. Cullen): Article 4 of the European Directive on the conservation of wild birds (79/409/EEC) requires member states, including Ireland, to designate special protection areas for wild birds. Under the directive the selection of sites for designation is based on scientific criteria.

My Department's heritage service is currently examining the suitability of nine upland areas for designation as SPAs in respect of the hen harrier. This is one species for which SPAs must be designated under the directive. Its breeding population is largely concentrated in the south west. The areas being examined include the Mullagherierk mountains, which are partly in west Limerick.

Preparatory scientific work to assess the suitability of all nine sites and define their boundaries is currently under way. When this work is complete I will decide what sites should be formally proposed for designation. If any sites are formally proposed as SPAs then my Department will notify and consult landowners and land users in the area. A period of three months will be allowed for making objections.

In general existing farming activities are likely to be fully compatible with the conservation requirements of hen harriers and other bird species for which SPAs are designated. In these circumstances there will be no need to place any restrictions on traditional farming activities. SPAs attract higher levels of payment to farmers who join the rural environment protection scheme which is administered by my colleague, the Minister for Agriculture and Food. I am committed to paying fair and reasonable compensation to other landowners for actual loss shown to have been incurred as a result of restrictions that may be imposed on existing activities consequent on designation of their lands.

In relation to the planning process, planning authorities are required to provide in their development plans for the appropriate protection of nature conservation areas, including SPAs. In particular, they must consider whether a development is likely to have a significant effect on an SPA, and if so, to require an environmental impact assessment to be carried out.

Designated Areas (SACs)19/02/2003.

Dr. Cowley: (Jerry Cowley, Mayo, Ind.) I welcome the opportunity to raise this important matter. In February 1997, the then Minister for Arts, Culture, the Gaeltacht and the Islands, Deputy Michael D. Higgins, introduced the EU Habitats Directive. The Government press release at that time stated that the regulations would allow for the definition and protection of approximately 400 proposed special areas of conservation, or SACs, occupying 550,000 hectares or some 5% of our land mass. The then Minister further stated that the regulations would not interfere with the practice of traditional farming in the areas concerned. He described all partners in the scheme as working together in a valuable national plan. He said land owners would be fairly compensated for any loss of income and would be advised of their entitlements.

Not alone was this promise not honoured by successive Governments but the sterilisation of farmers' land as SACs continues relentlessly. The current situation is that 11% of our land area is designated as SAC which, together with 3% designated as marine SACs, brings the total area sterilised by the Habitats Directive to 14%. In County Mayo, over 20% of the land area is designated as SAC, NHA , natural heritage area, or SPA , special protection area. At a public meeting organised by the IFA in Ballina, County Mayo last night, over 300 angry farmers demanded action from Government. The majority view from the meeting was that farmers feel totally let down by the system which has been in operation and the lack of credible and adequate compensation which they had been promised. They are so upset that they are now insisting that their land be de-designated, that the slate be wiped clean and that a fresh start be made.

People feel they have been robbed of their livelihood and their future. These sterilising statutes have effectively devalued the land, leaving the owners with a bitter taste in their mouths. An asset which was once considered valuable is now virtually worthless. Farmers have held their precious land, which has been defended courageously over the years and coloured by the blood of those who resisted the tyranny of land-grabbing English planters and the vile Black and Tans, dear to their hearts. They now feel totally betrayed at being routed from the very land where even Cromwell was prepared to leave them. What hurts most of all is that they believe they have been sold out by their own Government. This situation will do nothing for the population of an area which has been identified on the basis of census figures as the most economically deprived area in Ireland and where homo sapiens is now an endangered species. I sometimes wonder if we would be treated better if we were an animal species facing extinction.

The SAC scheme has not worked. The Government should clean the slate and start all over again. The huge resentment and loss of faith in Government on this issue is very real and palpable on the ground. How can people be blamed for feeling let down? They were told the designations would apply to 5% of the country, not 14%. They assumed that upland areas would be affected, not the right to build in lowland areas. They trusted that adequate compensation would be paid, but that did not happen. The proud inheritance for which generations in my area slaved and fought, intending it to be passed on to the next generation of farmers, is now worthless. What use is land if one cannot plant or drain it, let animals graze on it, build on it or enhance it in any way?

We are totally over-regulated. People can no longer engage freely in sea fishing or angling competitions. A small farmer will now be prevented from supplementing his income from the land by catching a few fish, while a large super-trawler will scour the entire coastal area within a few hours. Farmers are being forced to de-stock their few sheep because of a change in policy. Our youth are being deprived of their rightful inheritance. If our young people depart, what have we left? We will simply have one big national park, devoid of people. That is happening already. In one case of which I am aware, every inch of a farmer's 200 acres is designated. Consequently, he is prevented from giving even one site to his children. They now must go and live in a far-away urban centre, where they do not want to be and where there are already too many people, with all the problems that living in a place with too many people brings. What sort of logic is this? Give us back our future. De-designate SACs.

Minister of State at the Department of the Environment and Local Government (Mr. Gallagher): Ba mhaith liom mo bhuíochas a ghabháil don Teachta Cowley as ucht an ceist tábhachtach seo a ardú ar an Athló agus deis labhra a thabhairt domsa.

The habitats directive was adopted in 1992 and requires member states to propose areas for designation as special areas of conservation, SACs, to safeguard Europe's most important wildlife areas. The Government committed itself to the implementation of the directive in Ireland, both in view of its nature conservation objectives and to meet our EU obligations. The process of proposing land and freshwater areas in Ireland for designation as SACs is nearing completion. As the Deputy suggests, the final extent will be close to 11% of our land area, or about 800,000 hectares. The increase over earlier estimates is, however, much less than suggested. As far back as February 1997, when the habitats regulations were introduced, an area of 550,000 hectares was estimated. This has been stated by various sources to be 5%, but was about 8%, of the country's land area. In round terms, of the 11% now estimated, 1% is national parks and other State lands, 1% is large lakes, leaving 9%, or about 650,000 hectares, where lands in private ownership are affected.

An increase in the extent of habitat designations is part of a pattern across Europe. National proposals for SACs have been subject to international evaluation. As a result of this process, all member states have had to put forward additional proposals, to meet their full obligations under the directive and to ensure consistency of implementation. In terms of percentages of territory proposed, Ireland is close to the middle of the range.

In general, existing farming activities are fully compatible with the conservation requirements of designated areas. In such circumstances there will be no need to place restrictions on farming activity. These areas attract a higher level of payments for farmers who join REPS, administered by the Department of Agriculture and Food. I remain committed to paying fair and reasonable compensation to landowners for any actual loss incurred as a result of necessary restrictions of farming activity for conservation purposes.

As the Deputy pointed out, why should farmers be at a loss? It would be tantamount to handing over their land to the State and therefore it is vitally important that there is fair and reasonable compensation. I would be anxious to get details of the cases of which Deputy Cowley has knowledge and certainly would be only too pleased to look at those in conjunction with the officials concerned.

At all times care is taken to respect the property rights of land owners, and that is absolutely essential. We in the Department want to ensure that necessary care is taken to respect the rights of the landowners. The process of designating land is carried out in accordance with the relevant legislation. That legislation provides for notification of known landowners, public advertisement, and a three-month period for objections.

There is no general prohibition on new activities or development within SACs. On the reference which has been made by the Deputy to afforestation or to building on lands, I intend that this will be more fully outlined in the updating of relevant planning guidelines. People should have a right to build on their land. Of course there is a great debate about single houses. It is tremendous in rural Ireland, in my county as in County Mayo, to see new houses being built and people coming home and having an opportunity to live in their own areas. The Minister intends that this will be more fully outlined in the updating of the planning guidelines. Of course there will be an opportunity to discuss this matter at a later stage when these guidelines are made available. New development must be subject to appropriate assessment, usually within the planning system, and can proceed except where significant damage would be caused to the habitat. At all times common sense must, and should, prevail.

Discussions have taken place with farming organisations on compensation and other aspects of implementation of the directive. The Department is ready to continue these discussions when the organisations involved are available to do so. I look forward to further discussions on this vitally important matter with those organisations which represent the interests of farmers.

I have just attended a very heated meeting concerning the proposed designation of an SPA for the Hen Harrier in part of north Kerry through into Limerick. The meeting was called by a local counsellor, Billy Leane who is opposed to the planned designation. The landowners' main concerns are the effect this designation will have on proposed windfarm developments and forestry developments in the future. The area concerned includes the Stack's mountains east of Tralee, Co Kerry where a wind farm of some 30+ turbines already exists (and more are proposed) and the area east through Glanaruddery and the Mullaghareirk mountains into Limerick. This area contains 33% of Ireland's breeding population of Hen Harrier as I understand it. As such, this is potentially the most important SPA to be proposed specifically for the protection of Hen Harrier. Without going into too much detail I would like to raise the following concerns for your attention.

I understand that Duchas have just recently designated 9 SPA's for Hen Harrier in Ireland. As a result, the profile of the Hen Harrier is being raised in the public eye at present. However, from what I can see very little effort is being made to educate the public about this species. I believe that Duchas and Birdwatch Ireland need to watch this space very closely over the coming months. As a note of caution, more than one voice at the meeting tonight indicated in no uncertain terms that "it will not be our livelihoods that will be put at risk if these areas are designated. It will be that of the Hen Harrier!" I dont believe for one minute that this was an idle threat.

I hope that Duchas, Birdwatch Ireland and perhaps the Raptor Study Group would help counter the dangerously negative press this bird is about to receive in Kerry with a proactive campaign to educate the public. I rang Birdwatch Ireland this morning looking for information about Hen Harrier, eg. a poster, photos etc. Nothing was available. I would encourage Birdwatch Ireland to begin making this material available and set about a strategy to educate the public, especially the farmers and landowners in these sensitive areas. If the tone of this meeting is anything to go by, a lot of work needs to be done. At the meeting, the bird was being demonised as the "Hen Carrier" and references were being made to its appetite for farm animals, and birds as big as grouse and even "turkeys"! Clearly, there appears to be a lot of misinformation out there. Unfortunately very few people at the meeting actually knew what the bird looks like and no doubt they were conjuring up all kinds of demonic images, especially considering the bird's unfortunate title.

There were local Duchas rangers present at the meeting but I would have to say the strength of opinion was so strong that they didnt stand a chance of mounting a counter campaign in defence of the Harrier. In the end, I am sorry to have to relay, the local rangers were clearly backing down from their position and distancing themselves from the decision-makers in Dublin. And I'd have to say, I couldn't blame them. The area in question is home to Kerry's only (official) landfill site and the local people have had to deal with their fair share of bureaucracy over this and other large scale projects. It is unfortunate that the situation which developed at this meeting could not have been pre-emted with a proactive campaign of education and public consultation over the last number of years prior to these apparently sudden SPA designations.

This thing is about to get a lot bigger and I have no doubt you will all be hearing more about it and seeing it on the tv in the coming weeks as a deligation is being sent to meet the minister. On balance, and with much regret, I would have to say that for the sake of the Hen Harrier I hope this SPA designation is overturned for the moment. Until all the effected parites sit down and discuss a strategy for the protection of this species at the local level, the designation of areas to protect it could well do more harm than good.

Watch this space!!!!

Michael O'Keeffe 07/02/2003

A National Survey of breeding Hen Harriers 1998-2000
Norriss, Marsh, McMahon & Oliver.
Irish Birds, 2002, BirdWatch Ireland.

The first breeding survey of Hen Harriers in Ireland was undertaken in 1998-99, with additional fieldwork in 2000 to plug some remaining gaps in coverage. The survey aimed for complete coverage of the main breeding areas in the south midlands, south-west and some border areas of Counties Donegal and Monaghan, with a randomly selected sample of 10 km squares where breeding records were sparse or sporadic.

102 pairs and 27 probable or possible pairs were found. There were no discernible changes in distribution since the 1988-1991 Breeding Atlas, and Hen Harriers appeared to occupy all suitable habitat.

Breeding success was high (77-82%), so persecution and nest predation during the breeding season were evidently not significant. Nests were located in a variety of habitats, most commonly in young second-rotation conifer plantations. Breeding birds are often still associated with the early growth stages of conifer plantations, but Harriers have not recolonised the large areas of second-rotation forestry in County Wicklow and it is unclear if restock will continue to support breeding Harriers in the same way that new plantings have.
summary from Irish Birds, Vol7 No1 2002, BirdWatch Ireland.

Response to the Farmer's Journal Piece on Hen Harriers 8 March 2003
from Lorcan O'Toole IRSG.

The Irish Raptor Study Group (IRSG) has noted the negative publicity concerning Hen Harriers in Munster in recent weeks. We are very aware of the increasing social and economic threats facing isolated hill communities in Ireland. Without side stepping the issue, we have no expertise on commenting on employment, infrastructure and farm incomes in detail. But we do believe it is grossly unfair to scapegoat the Hen Harrier for all the long-term social problems facing the rural communities Co Kerry, Co Limerick and Co Cork. We do not know all the answers to the problems concerning Hen Harriers, wind power stations and afforestation, but we do submit that research, discussions and integrated planning are the only way to resolve the problem.

The article by Mairead Lavery, the small piece by Paul Mooney and the editorial by Jim O Brien all appeared to demonise the Hen Harrier. The negative attitude to birds of prey in Ireland originated during the 17th century with the spread of the agricultural improvement philosophy from the Pale outwards, as new landlords tried to "tame" the landscape. However there is a much older view of nature in Ireland which incorporated a respect and affinity for nature and sustainable land management practices as demonstrated in early Christian beliefs, Fiannaiocht poetry and Brehon laws, respectively. It is easy to condemn a predatory species, but we believe the real issue is a planning issue.

The IRSG believe the following points are relevant and we hope you can publish some of these points.

· The conflict of interests in the Stacks Mountains has arisen from a unique set of circumstances. The Forest Service stated at the Kielduff Public Meeting on the 6/2/03 that it wants more afforestation in the Stacks because its preferred planting area in South Kerry was ruled out due to acidification problems. It appears Kerry County Council was unwilling to place wind farms in the Ring of Kerry or the Dingle Peninsula, because of tourism, and decided wind farms should be concentrated in the Stacks Mountains instead.

· In comparison, the proposed Stacks, Glanruddery and Mullaghareirk Hen Harrier Special Protection Area is not a fall back position. This area holds between 33-41 pairs of Hen Harriers (at least 32% of the national population) and this population is very productive. This is quite simply the most important area for Hen Harriers in Ireland.

· Dúchas have only concentrated on 9 Hen Harrier areas in Ireland, all of which have a cluster of 7 or more pairs and we support that policy. Even without a SPA designation, the Hen Harrier population must be considered by County Council planners, as happened in the Knockastunna Hill wind farm application in County Limerick.

· Ireland has lost six breeding bird of prey species due to habitat change and persecution in the past. Ireland currently has six breeding bird of prey species (Hen Harrier, Peregrine, Merlin, Kestrel, Sparrowhawk and Buzzard) and we have lost at least six other bird of prey species (Marsh Harrier, Golden Eagle, Osprey, White-tailed Eagle, Red Kite and Goshawk). Luxembourg has eleven breeding bird of prey species and Britain has 15 species. The removal of so many birds of prey from the Irish food chain has undoubtedly benefited Hooded Crows, Magpies, Ravens, Foxes and other scavengers.

· Mairead Lavery noted the rarity of the Hen Harrier and suggested Ireland has always been a backwater for the Hen Harrier. Mairead and Jim O Brien queried whether it is worth protecting the Irish Hen Harrier population because of its low value in Global population terms. If this logic were followed, scores of Irish species would be allowed drift to extinction in Ireland. Whereas our group, as Irish people, would suggest it is very important to protect all Irish wildlife, especially the rarer populations, in order to ensure Irish children do not grow up in a wildlife desert. From a conservation point of view it is very important to protect a species geographical range alongside its population size.

· Forest Biodiversity Guidelines published by the Forest Service (the statutory forestry body) in July 2000 give a clear commitment to Sustainable Forest Management. They urge all foresters to consult Dúchas where there are Special Protection Areas and take account of birds of prey, including Hen Harriers. Obviously the Mid-Western Forestry Service needs to abide by their own Biodiversity guidelines.

· Hen Harriers can benefit to a degree from new forestry plantations (up to 9 years of age) as they provide suitable nesting areas until the trees' canopy closes over the potential nest sites below. But harriers hunt in open ground and they cannot survive in vast swathes of plantations. Coillte, with the assistance of the IRSG and others, are currently examining ways to incorporate Hen Harrier friendly forest management into their planning processes.

· Dúchas has already written to Coillte (Aileen O Sullivan) to suggest they consider applying for EU LIFE Nature funding for Hen Harrier research when the Hen Harrier SPAs are established. Coillte (Alistair Pfeifer) are currently examining the potential for EU INTERREG funding for bird of prey public viewing facilities (especially Hen Harrier) in partnership with Forest Enterprise in Scotland. If the EU CAP decoupling plans are implemented in 2006, a low intensity farming/Hen Harrier management/tourism viewing project would make an ideal funding proposal, which would benefit local hill farmers.

· Rather than cluster all wind farms on hillsides, could the Department of Energy review its guidelines and consider facilitating the development of wind farms in lowland areas and thereby spread them more widely in the countryside? The European Commission has indicated that wind farms should not be located in areas important for birds, such as Special Protection Areas - (see European Wind Energy Association publication European Best Practice Guidelines for Wind Energy Development, published by the Office for Official Publications of the European Commission available from www.ewea.org

· Dúchas is doing a great deal of work on behalf of Hen Harriers, including surveys, research and has made a submission to the REPS review, that hill farmers with Hen Harriers should receive a special top up payment.

· In this instance, could it be bad public relations to tell hill farmers that the protection of Hen Harriers is primarily a result of a European Directive? Surely in the 21st century, Dúchas can also state that it is the wish of the Irish people/ Irish Government to try to protect every native Irish species of wildlife from extinction.

· The responsibility for communicating these proposed designations to the general public may have fallen down somewhere between Dúchas regional management and the research and public affairs sections based in Dublin. Could Dúchas establish a public relations/press officer in each of their Districts? Unfortunately local people are justifiably annoyed that the reasons for and the effects of this designation have not been presented to them in a reasonably accessible fashion.

· John Feehan and other commentators have examined the historical reasons why Irish people interested in wildlife have been perceived as 'aloof' over the last 150 years. Past associations with colonial views, landed gentry, established religions and professional classes have lead to distrust of wildlife enthusiasts in some quarters. Irish conservationists need to break down these old stereotypes and engage fully with rural communities. Some of the phrases in last weeks Journal reflect those perceptions, whether we agree with them or not. Irish conservationists must strive to engage people, and not be perceived as lecturing people. Equally other sectors need to avoid using old stereotypes and actually engage with conservationists rather than using megaphone politics.

· Councillor Billy Leane in Kerry, for example, questioned the fact that Hen Harriers could be killed flying into the turbine blades. Turbine blades can kill birds of prey and there is data to prove this. But as Councillor Leane suggested, harriers normally avoid wind turbines and this is the primary concern. Research in Scotland suggests that Hen Harriers will not hunt within 300-500m metres of any wind turbines - so each turbine creates a harrier exclusion zone, up to 1km wide, around it. (NB I would now change the above and use the word "opinion" rather than "research" LOT 28/4/03)

· We need more Irish research to see how applicable these foreign studies are. It may take 3-4 years to demonstrate how large and how varied the Hen Harrier territories are, exactly how large a 'harrier exclusion zone' each wind turbine creates and how to proceed with Hen Harrier friendly afforestation in an Irish context. So there is a clear need for more detailed Hen Harrier research, possibly co-funded by Dúchas, the Forest Service and wind energy firms.

· Mitigation has rarely been used in Irish conservation planning issues to date, but if areas were set-aside and the habitat improved especially for Hen Harriers, this may allow for some adjacent wind farm development and further afforestation. Such mitigation would have to follow the precautionary principle and sound research to ensure the local population did not drop as a result of any developments.

· The IFA President, John Dillon, addressing a large public meeting in Templegatine, Co Limerick recently said that the way he dealt with birds of prey in the past was to use the gun. Many people emerged from the meeting threatening to "Shoot the bastards". Interestingly Mairead Lavery of the Farmers Journal did not report this comment, which was "cheered to the rafters", but Patricia Feehily of the Limerick Leader did. He may have been misquoted. We believe he should clarify his position.

· This situation has developed partly as a result of a lack of integrated planning. The IFA policy is also unclear, do they want small hill farm communities sustained or are they happy to see the least productive areas and non-viable farms covered in plantations and turbines? We believe these complex and legal issues can only be solved if the IFA, foresters, wind energy firms, planners and Dúchas sit down to discuss the problems rationally rather than criticizing each other's positions at public meetings and through the media.