Development of Wildlife Conservation Policy and Legislation in Ireland

The mechanisms and procedures involved in the formulation of wildlife conservation policy are discussed with particular reference to the Wildlife (Amendment) Act 2000, the European Union (EU) Habitats Directive (Directive 92/43/EEC) and the National Biodiversity Plan (2002). Philip Buckley, National Parks and Wildlife Service, Department of the Environment, Heritage and Local Government, 7 Ely Place, Dublin 2. NATURE CONSERVATION IN IRELAND UNDER EUROPEAN AND INTERNATIONAL LAW The National Parks and Wildlife Service (NPWS) is part of the Department of the Environment, Heritage and Local Government (DOEHLG) and manages the Irish State's nature conservation responsibilities under National, European and international law. NPWS is charged with the conservation of a range of ecosystems and populations of flora and fauna in Ireland. A particular responsibility of NPWS is the designation and protection of Special Areas of Conservation (SACs), Special Protection Areas (SPAs) and Natural Heritage Areas (NHAs). Consultation with interested parties is an integral element of the designation process. NPWS is also responsible for: * the implementation of both domestic legislation (e.g. Wildlife Acts 1976-2000) and international legislation (e.g. EU habitats and birds directives); * the management and development of National Parks and Nature Reserves; * overseeing licensing under the Convention on International Trade in Endangered Species (CITES) and the Wildlife Acts 1976-2000. NPWS has a staff complement of some 250 permanent and contract staff directly involved in nature conservation. The administrative and professional staff are mainly based in Dublin, but the NPWS also has many field management staff based throughout the country. Direct spending by NPWS on nature conservation for the period 1993-2001 is shown in Table 1. These figures do not include staff costs, which are met from the administrative budget of the department as a whole. WILDLIFE POLICY FORMULATION Many of the policies and much of the legislation discussed in this document were framed by the Heritage Policy Unit of the Department of Arts, Heritage Gaelteacht and the Islands. Until 2003, that department also had responsibility for NPWS, as part of Du6chasthe Heritage Service (now disbanded), the Heritage Council and other heritage bodies. NPWS now continues this wildlife policy remit with DOEHLG. The activities of many external organisations (including the United Nations and the European Union) and the approaches adopted in other countries influence biodiversity-related policies in Ireland. The EU, of which Ireland is a part, is of course particularly important. Many players in Ireland may also be involved in 'policy formulation' for wildlife conservation in Ireland. Fig. 1 is an attempt to outline these participants. Some pieces of policy or legislation largely originate with or reflect outside developments, e.g. the EU Habitats Directive (Council Directive 92/43/ EEC). This directive in turn reflects to a large extent work undertaken by the Council of Europe, in particular the Bern Convention (the Convention on the Conservation of European Wildlife and Natural Habitats). The Habitats Directive was transposed into national law in 1997 by the European Community's (Natural Habitats) Regulations, S.I. 94/1997. These national regulations not only fully meet the obligations of the Habitats Directive, but they also include BIOLOGY AND ENVIRONMENTf PROCEEDINGS OF THE ROYAL IRISH AcADEMY, VOL. 104B, No. 3, 107-111 (2004). o ROYAL IRISH ACADEMY 107 This content downloaded from 157.55.39.104 on Sun, 19 Jun 2016 05:58:10 UTC All use subject to http://about.jstor.org/terms BIOLOGY AND ENVIRONMENT provisions to meet national requirements relating to procedures for notification of landowners, objections, appeals, arbitration and compensation. On the other hand, the Wildlife (Amendment) Act 2000 is largely of national 'parentage', though it does include numerous provisions and terminology mirroring international developments in the field of nature and biodiversity conservation. Nationally, at government level, there are procedures in place that are intended to ensure that all relevant sections of government departments and offices are consulted in the development of policies, legislation, etc., that may be of interest. Wider consultation, with interested bodies and/or the general public, is increasingly the norm, and such consultation is increasingly being provided for formally. For example, in the wildlife area, wide consultation with conservation and other interests took place with regard to the Wildlife (Amendment) Act 2000, the European Community's (Natural Habitats) Regulations 1997, and both the draft National Biodiversity Plan (1999) and draft National Heritage Plan. While all interested parties may not have been completely satisfied with the outcome or the level of consultation in every instance, wide consultation has certainly been a priority in all these initiatives. The interaction between the various players influencing the development of policy and legislation shown in Fig. 1 is generally a two-way process. For example, Ireland seeks to participate in, and influence the development of, EU and international biodiversity initiatives, as well as adopting and implementing these initiatives here in Ireland. A crucial consideration for biodiversity conservation in Ireland is the need to integrate biodiversity considerations into the policies and programmes of other sectors that affect biodiversity. Table 1 Direct spending on nature conser vation by the National Parks and Wildlife Service for the period 1993-2001. Year Expenditure (IR?OOO) 1993 6,694 1994 8,544 1995 7,567 1996 6,874 1997 8,551 1998 11,738 1999 18,375 2000 14,872 2001 19,325* *Allocation. r<~~~~~~~~~I EU ~~~Of