NARGC LAUNCHES LEGAL CHALLENGE TO PROTECT BIRDS FROM THE MINISTER FOR THE ENVIRONMENT!

Ireland’s largest hunting organisation, the National Association of Regional Game Councils (NARGC) has announced it is to launch a challenge by way of judicial review in the High Court against the Minister for the Environment Heritage & Local Government for granting a hunting licence (without killing) to the Irish Kennel Club to hunt protected game birds from February 1st to March 31st.  The licence was issued on March 8th and was backdated to February 1st to cover field trials by IKC clubs which were held when no licence had issued.  

The species which may be hunted under the licence are: Grouse, Woodcock, Snipe, Pheasant, Red legged Partridge, Duck species and Woodpigeon.  The NARGC says the licence is unlawful on several fronts, not least the fact that it is in contravention of Article 7 of the 79/409 “Birds” Directive, the Wildlife Acts and a landmark judgment of the European Court of Justice in 1994 which ruled that birds must be given complete protection during their period of reproduction.  The period of reproduction is defined by the Court as commencing before laying or hatching and even before mating.  It starts when birds begin their pre-breeding activities e.g. pairing, courting behaviour, nest building, migrating etc.  It ruled that hunting may only take place during that period by a justified derogation under Article 9 of the Directive.  All of the species listed in the IKC licence are in their period of reproduction and with the exception of the Woodpigeon, none could possibly qualify for a derogation.

Worst of all is the fact that the Grouse is a Red Data Book species whose status is listed as unfavourable because of habitat loss and is of serious concern to the EU Commission.  Only last year the Irish Government was threatened with heavy fines for its inaction in protecting the habitat of Grouse and it was forced to act, initially by carrying out a national survey of the species.  This survey has still not started proper and appears to have suffered inexplicable delays.

NARGC Director, Des Crofton said “While we all like to participate in our chosen sport, there is a well established code that birds should not be hunted or disturbed during their breeding period unless authorised by derogation.  This licence to the IKC, which is solely for the enjoyment of field trialling, cannot justify a derogation and cannot be justified on any ecological grounds.  It is unethical, not to mention unlawful.  In fact it could easily be described as an act of environmental vandalism.”

The NARGC’s application will come before the high court within the next two weeks and will seek to impugn the licence on several legal grounds under Irish law as well as under EU law.  It will also seek to prevent any further such licences being issued.  Mr Crofton said it is ironic that a national hunting association is forced to protect wildlife from the actions of the very Minister charged with responsibility for wildlife conservation.  He suggested it is a scandalous disregard by the Minister for his statutory obligations to protect wildlife.

ENDS