Mary Seery Kearney (Fine Gael)
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I welcome the Minister of State at the Department of Housing, Local Government and Heritage, Deputy O'Donnell.

Victor Boyhan (Independent)
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I thank the Cathaoirleach for selecting this Commencement matter. I also thank the Minister of State, Deputy O’Donnell, for coming into the Chamber. The designation of special areas of conservation, SAC, ultimately falls within his remit. It has come to my attention through correspondence from various NGOs, other environmental groups and local councillors in County Kerry, particularly with regard to Killarney National Park, and Clare County Council with regard to the Burren, about areas of designation and the obligations in terms of ongoing and protracted issues around the infringement of the EU habitats directive. This is an important issue that needs to be looked at.

It has been reported that Ireland has not yet taken action to protect at least 40 areas of SAC. I do not intend going into the 40 areas, however. This Commencement matter is with regard to the Burren and Killarney National Park in County Kerry. Therefore, that is why I have asked the Minister of State to come to the House and I reckon he has prepared in that regard.

Sites that have not been designated in the legislation are of concern. These special areas of conservation are particularly important places that recognise sensitive habitats and support flora and fauna. They must be of concern to the Minister of State. When we hear there is ongoing engagement with the European Union with regard to infringements of directives, one has to be alarmed. I know the Minister of State, Deputy Noonan, is particularly committed in this area.

As I said, areas of conservation fall under the remit of the Minister of State. Ireland is facing legal proceedings from the European Commission with regard to its obligations and failure to deal with the habitats directive regarding these obligations, which are ultimately to protect our natural habitats, and we are failing to establish the necessary measures to ensure their conservation. I understand there is to be progress in the coming months but that is a bit slow given that this has been an ongoing and protracted issue which there has been a commitment in Government to address.

As the Minister of State knows, the main aim of the habitats directive is to conserve the best examples of our natural and semi-natural habitat species and flora and fauna throughout the EU. We have our role in terms of the national Government in Ireland and our obligations under this really important directive. Of course, the Minister of State will be aware that each state is required to designate special areas of conservation and protect those habitats.

To be specific, I want to hear specifically about parts of the Burren and our national park in Killarney. Can the Minister of State confirm whether I am correct in my understanding of the infringements? If I am not, he might correct me. Will he set out how the Government intends to deal with these issues and indicate a timeline for the roll-out of this response? It is an important issue. I do not doubt the Government's commitment to it but we must push it along. I am particularly interested to hear about the timelines involved.

Kieran O'Donnell (Limerick City, Fine Gael)
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I thank Senator Boyhan for raising this very important matter of the protection of our European sites and the nature directives. Obviously, his issue is specifically around Killarney National Park and the Burren National Park, which have enjoyed the full protection afforded to special areas of conservation for several decades.

From the date of public notification, sites proposed for designation as special areas of conservation enjoy comprehensive protection under the birds and natural habitats regulations 2011 and Wildlife Act 1967, as amended. Ministerial directions further protect these sites by way of restricting certain activities, that is, notifiable actions and activities requiring consent. These are activities that require the permission of the Minister before they can be carried out within or close to the sites. We very much wish to protect these sites. That is an absolute and firm Government and Department policy.

The EU habitats directive, transposed in Ireland via the European communities (birds and natural habitats) regulations 2011, requires Ireland to designate special areas of conservation for the protection of threatened and endangered habitats and species. In all, since 1997, 441 sites in Ireland have been proposed for designation as special areas of conservation and have been publicly notified as such. These sites are protected under Irish law from the time they are publicly notified in accordance with the provisions of the European communities (birds and natural habitats) regulations 2011, and there are ministerial directions in force in respect of every one of the sites in question. Therefore, Killarney National Park and the Burren National Park enjoy and have enjoyed the full protection afforded to all Natura 2000 sites for many years.

The final step in the formal process to conclude the designation of these sites is the making of a statutory instrument. To date, as the Senator has identified, 401 sites have statutory instruments in place.I am informed that the remainder of the more than 40 sites will all have statutory instruments in place before the end of this year. Killarney, for example, will have one in place in the coming weeks. Historically, the boundaries of SACs were mapped using Irish Grid, IG, co-ordinates on reduced scale six-inch maps. In recent years, much more accurate, digital mapping technology has become available, which overcomes many of the shortcomings of the old mapping system, including non-compatibility with GPS and legacy distortion issues. Accordingly, as part of the finalisation of the statutory instrument for a special area of conservation, the National Parks and Wildlife Service has taken the opportunity to transfer the boundary mapping for SACs to the Ordnance Survey Ireland-developed Irish transverse mercator, ITM, co-ordinate system. It is a GPS compatible mapping system that takes advantage of the accuracy of GPS while minimising mapping distortions. The new mapping technology also eliminates legacy issues whereby the six-inch map series, which was developed in the 19th and early 20th centuries, in many instances did not reflect the features on the ground when sites were surveyed and selected.

This new mapping system, in conjunction with the recently developed 1:5,000 maps therefore provides a much more accurate co-ordinate-reference system that is compatible with modern surveying instruments such as GPS and provides a standard framework for relating geographic information.

The site referred to by the Senator, the Killarney National Park, Macgillycuddy's Reeks and Caragh River catchment special area of conservation site, code 365, was first publicly notified and advertised in March 1997 and adopted by the European Commission as a site of community importance, SCI, in 2004, becoming a European site within the meaning of Irish law. The site has enjoyed the full protection afforded to an SAC for almost 20 years. Any suggestion to the contrary is misconstrued.

Moving to the Burren, this is a region that covers a very large land area, with multiple sites designated covering approximately 35,000 ha. All of these sites were publicly notified and advertised in March 1997 and adopted by the Commission in 2004. Statutory instruments have been published in respect of these sites. The remaining sites in the Burren area, the East Burren Complex cSAC and the Termon Lough cSAC have been protected since March 1997 and are on course to have a statutory instrument published in the coming weeks.

In relation to the legal case mentioned by Senator Boyhan, which is currently before the Court of Justice of the EU, a judgment has not yet issued. We expect that will happen some time in the summer. Accordingly, I do not propose to comment on the case in detail at this time.

Victor Boyhan (Independent)
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I thank the Minister of State for his detailed response. In summary, he has confirmed to me that Ireland had legal proceedings issued against it by the European Commission in relation to its obligations under the habitats directive, which are to protect natural habitats, and for "failing to establish the necessary legal measures to ensure its conservation".

It was great to hear the reference "in relation to the legal case" in the last part of the Minister of State's reply. That is all I wanted to know, and the Minister of State has confirmed it for me. I thank him for those last words. He has given a comprehensive response, for which I thank him, and provided great clarity on the issue. He has demonstrated by his words that there is a commitment to get on with it. I just hope it will happen soon. I suggest we will have another opportunity in June because I understand that is when it is going to happen. I will then have another opportunity to raise another Commencement matter and we can tease out the issues in regard to the findings of the EU. I thank the Minister of State very much.

Kieran O'Donnell (Limerick City, Fine Gael)
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I thank Senator Boyhan for raising this matter. While not commenting in any way on the European case, it relates to what was in place in 2019. The Government and the Department have made seismic advances in terms of registering statutory instruments. We are now down to just 40 and we expect to have them dealt with shortly. I agree that the protection of Ireland's natural habitat is of the utmost importance. The Department is fully committed to continuing the process already ongoing to ensure we will be fully compliant with the directives on birds and habitats. This is why the Government has placed such an emphasis on the transformation in the role of the National Parks and Wildlife Service and its proper resourcing to allow it to carry out its functions and protect nature on behalf of the people of Ireland. I am committed to working closely with all stakeholders and landowners to continue to introduce new initiatives, projects and partnerships to ensure ongoing protection for all of the special Natura 2000 SAC sites.

Senator Boyhan mentioned two sites. There will be statutory instruments in place for both the Burren and Killarney National Park in the coming weeks. The work that has been done by the Department since 2019 in the number of sites registered as special areas of conservation is to be commended. We are now down to 40 statutory instruments remaining. We are working with great efficiency to get those in place as well. The two sites the Senator mentions, the Burren and Killarney National Park, will have statutory instruments in place in the coming weeks.