Friends' Work

// GORMLEY'S ‘SCIENTIFIC ADVICE' DID NOT EXIST

A Ministerial Instruction from the Department of Environment to nine County Managers was based on ‘scientific advice' that did not exist.

The claim comes from the environmental group FIE, who investigated a letter to County Managers written in 2008 by Oonagh Buckley, the Director of Parks and Wildlife Service. The letter stated:

"With regard to the Hen Harrier the scientific advice available to Minister suggests that development of single rural dwellings does not in general represent a threat to the Hen harrier or its habitat. Accordingly, I am directed by the Minister to advise your Authority that, where the Harrier is the sole conservation interest in the SPA, the SPA designation should not be cited as grounds for refusing permission for development of single rural house projects within that SPA.

In response to a request under Access to Information on the Environment, the Department admitted that no such scientific advice existed.

13 May 2009
Press Release
Friends of the Irish Environment

A Ministerial Instruction from the Department of Environment to nine County Managers was based on ‘scientific advice' that did not exist.

The claim comes from the environmental group FIE, who investigated a letter to County Managers written in 2008 by Oonagh Buckley, the Director of Parks and Wildlife Service. The letter stated:

"With regard to the Hen Harrier the scientific advice available to Minister suggests that development of single rural dwellings does not in general represent a threat to the Hen harrier or its habitat. Accordingly, I am directed by the Minister to advise your Authority that, where the Harrier is the sole conservation interest in the SPA, the SPA designation should not be cited as grounds for refusing permission for development of single rural house projects within that SPA.

In response to a request under Access to Information on the Environment, the Department admitted that no such scientific advice existed. The Assistant Director of the Parks and Wildlife Service wrote to the group stating that

"The advice from the Birds Unit of the National Parks & Wildlife Service was of a practical nature, not strictly scientific. It was felt that new houses and extensions of farm infrastructure would be insignificant in the context of land use management of 169,000 ha for Hen Harrier."

In fact, the group also obtained a copy of an email from an Executive Officer stating that while he was arranging for the sending of the letter that day, there was an issue of ‘one off housing having gone beyond acceptable levels in particular sites.'

The group has now written by registered letter to the County Managers involved, informing them that as an emanation of the state the relevant EU Directive requires them to take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the Hen harrier through land use change.

The letter from FIE concludes:

"In these circumstances, we would be grateful if you ensured that any consideration of planning permissions for one-off houses in these areas is subject to a suitable assessment This should take account of the cumulative effects of development in such areas and acknowledge the fact that there may indeed be cases in which permission will need to be refused in light of the relevant site's status as a proposed SPA."

Wide-spread public meetings after the announcement of the original designations in 2002 led to the disbandment of Duchas, the Department of the Environment's Heritage Service, while more than 100,000 hectares of proposed protected land was removed from designation.

The embarrassing admission regarding the absence of ‘scientific advice' follows on a Judgment of the EU Court of Justice in December 2007 against Ireland for its failure to protect numerous species, including the Hen harrier.

The Commission recently wrote to the Irish Government with a Letter of Formal Notice stating that they are now commencing proceedings to ensure compliance with the Court's judgment. Such proceedings could ultimately end in lump sum and daily fines being imposed against Ireland for its failure to protect the Hen harrier and other rare birds.

Supporting documentation  |   Full submission on the Hen harrier designation process    |  Letter to Schools ]

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