Dáil Éireann Debate, Tuesday - 15 October 2024
367. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage to confirm that he adhered to the provisions and timelines of the Habitats Directive, in particular Article 4, when he signed a statutory instrument in relation to Barroughter Bog, County Galway; and if he will make a statement on the matter. [41527/24]
View answer368. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage to confirm that he adhered to the provisions and timelines of the Habitats Directive ain particular Article 4, when he signed a statutory instrument in relation to Clonmoylan Bog, County Galway; and if he will make a statement on the matter. [41528/24]
View answer369. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage to confirm that he adhered to the provisions and timelines of the Habitats Directive, in particular Article 4, when he signed a statutory instrument in relation to Ardgraigue Bog, County Galway; and if he will make a statement on the matter. [41529/24]
View answer370. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the reason he did not adhere to the six-year time limit as defined in the Habitats Directive when he signed the statutory instruments for Barroughter Bog, County Galway, for Clonmoylan Bog in County Galway and Ardgraigue Bog, County Galway; and if he will make a statement on the matter. [41530/24]
View answer371. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage to confirm that Barroughter Bog, County Galway, Clonmoylan Bog in County Galway and Ardgraigue Bog, County Galway have legal standing as special areas of conservation given his failure to adhere to the provisions of the Habitats Directive in so designating these bogs as special areas of conservation; and if he will make a statement on the matter. [41531/24]
View answerI propose to take Questions Nos. 367, 368, 369, 370 and 371 together.
The EU Directive on the Conservation of Habitats, Flora and Fauna (92/43/EEC), commonly known as “the Habitats Directive” requires Member States to select sites, for the protection of habitats and species which are considered threatened in the EU territory and listed on the Annexes to the Directive. Annex I of the Habitats Directive includes priority habitats such as Active Raised Bog, which are considered to be in danger of disappearing within the EU territory
Sites selected to protect habitats and species listed in the Habitats Directive are known as Special Areas of Conservation (SACs) and form part of the Natura 2000 network of protected sites across Europe.
The Habitats Directive is transposed into Irish law by way of inter alia the European Communities (Birds and Natural Habitats) Regulations 2011.
Ireland has selected and protected a number of candidate SAC sites for the protection of Annex I raised bog habitats, including Barroughter Bog and Cloonmoylan Bog in 1997 and Ardgraigue Bog in 2002.
Following completion of the necessary statutory processes these candidate SAC sites, including Barroughter Bog, Cloonmoylan Bog and Ardgraigue Bog completed the designation process and have been formally designated by way of Statutory Instrument made in accordance with section 3 of the European Communities Act, 1972 pursuant to and in accordance with Ireland’s obligations under the Habitats Directive.
In accordance with the process for designating SACs in Ireland, my Department issued notifications of intention to designate the three Special Areas of Conservation, Barroughter Bog Cloonmoylan Bog and Ardgraigue Bog, in the years between 1997 and 2002, which made the sites the subject matter of such notices candidate SACs.
A candidate SAC constitutes a ‘European Site’ under Irish Law. As such, candidate SACs are afforded the same protections as SACs from the time of first notification.
The designation of every SAC in Ireland involves a comprehensive procedure including notification, objections, appeals, and final formal designation. This process has applied to all SACs, including those referred to, and is an intensive and time-consuming process. Once a site is notified as a candidate SAC it is afforded the necessary legal protection under Irish law whilst the full designation process is being concluded in accordance with the requirements of the Habitats Directive. The SACs in question are all validly designated in accordance with Irish and European law.
