734. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds General derogation Declarations, he will clarify whether he and his Department have accepted the independent legal advices (August 2020 and February 2021 acquired via his predecessor's Consultative Committee on urban gulls) that S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 are ultra vires the species control threshold in the 1979 Birds Directive whereby Member States "shall, (Articles 1 & 2)" protect, manage and control wild bird species "in the interests of public health and safety", and specifically that the 1986 Regulations' threshold for species control decisions viz. "represent a threat to public health and safety" is ultra vires; if he has received and accepted internal legal advice that agrees that the 1986 Regulations are ultra vires in the above contexts; and if so, when he received the internal advice. [27877/23]

Summary

734. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if, with regard to the Annual State-wide Wild Birds General derogation Declarations, he will clarify whether he and his Department have accepted the independent legal advices (August 2020 and February 2021 acquired via his predecessor's Consultative Committee on urban gulls) that S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986 are ultra vires the species control threshold in the 1979 Birds Directive whereby Member States "shall, (Articles 1 & 2)" protect, manage and control wild bird species "in the interests of public health and safety", and specifically that the 1986 Regulations' threshold for species control decisions viz. "represent a threat to public health and safety" is ultra vires; if he has received and accepted internal legal advice that agrees that the 1986 Regulations are ultra vires in the above contexts; and if so, when he received the internal advice. [27877/23]

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