by Oisín O’ Neill, Solicitor
GWP Legal and Policy department
On the 23rd of August, as part of the Public consultation on review and update of Wildlife Legislation I submitted a report on behalf of the Gaelic Woodland Project. This report was also forwarded to numerous stakeholders including politicians and the Oireachtas committee. It can be downloaded on PDF format here.
What is the public consultation? The National Parks and Wildlife Service is reviewing and updating key wildlife legislation, including the Wildlife Act 1976 and related regulations. It will examine the effectiveness of the legislation in protecting wildlife, preventing biodiversity loss, and regulating activities that adversely impact on wildlife and biodiversity. In doing so, it is seeking to strike an appropriate balance between the needs of humans and the needs of wildlife. It is also seeking to ensure compliance with Ireland’s obligations under the EU Birds Directive, the EU Natural Habitats Directive and other relevant directives and international conventions. This multi-year project aims to improve wildlife protection, prevent biodiversity loss, and balance human and wildlife needs while ensuring compliance with EU directives.
Why did we submit a report? The Gaelic Woodland Project is deeply concerned about the invasive Prunus laurocerasus (Cherry Laurel). One the GWP’s main missions is to develop a methodology to remove infestations and convert this highly invasive plant into Biofuel. Without updating legislation to ban its sale, our efforts to bring awareness and to control infestations are undermined. It is astonishing that the sale of such a highly invasive species is still allowed while our country tethers on the edge of biodiversity collapse. Though the GWP’s work is vital in developing an effective control methodology, it is only a small step in addressing this widespread infestation. To truly manage this threat across the island, legislation urgently needs to be updated to prevent the sale and distribution of Cherry Laurel. The report outlines the urgent need for legislative update.
What does the report contain? The report calls for the immediate enactment of Article 50 of the Habitat Directive, this is the article that bans the sale of invasive species found in the third schedule and calls for the immediate addition of Cherry Laurel to the third schedule of the Habitats Directive (the third schedule is a list of invasive plants and animals).
The report highlights Ireland’s failure to implement Article 50 and the environmental damage this has caused. The report presents extremely compelling legal arguments demonstrating that the cited reason for not enacting Article 50—a fear of breaching EU Trade Rules—is unfounded under EU law. The report shows that EU Trade Rules have frequently been set aside in favor of conservation and environmental protection, with numerous examples and official EU statements affirming that biodiversity justifies such derogations. The report criticizes the government’s laissez-faire approach to environmental protection and emphasizes the urgent need to include Cherry Laurel in the third schedule of the Habitats Directive.
The consultation is open to the public and we invite you to put forward your submissions for updating the legislation. You can also be of great help to us by signing our petition to enact all these changes!
