Prosecution of OPW proposed  for 'disturbing' bat colony

The OPW was investigated over the way refurbishments were carried out at Emo Court, Co Laois.

The Department of Housing has denied that two of its ministers gave incorrect information to the Oireachtas about the disturbance of bats at a historical mansion in Co Laois.

The Office of Public Works (OPW), which manages Emo Court near the village of Emo, Co Laois, was investigated over the manner in which refurbishments were carried out at the James Gandon-designed home. 

The National Parks and Wildlife Service (NPWS), which investigates ecological crimes, carried out an investigation in December 2019 and found that works had been carried out in the basement, which potentially could have disturbed the roosting of brown long-eared bats.

However, the report says that no derogation for works was ever given to the OPW and in December 2019, the OPW was told to cease works. 

The NPWS report says that a follow-up inspection in January 2020 "suggests that the OPW were ignoring this letter". 

The report says that as bats are protected under Annex IV of the EU Habitats Directive and no licences were given to allow the works take place, the OPW should be prosecuted under the European Communities (Birds & Natural Habitats) Regulations for "disturbing the breeding and resting place" of bats without a derogation.

The NPWS carried out an investigation in 2019 and found that works had been carried out which potentially could have disturbed the roosting of brown long-eared bats. Picture: Phil Richardson

The Department of Housing, however, said that this recommendation was not acted upon and that "NPWS investigated the matter raised, and such issues as arose were resolved with the OPW". The department did not say how the issues were resolved.

Sinn Féin senator Lynn Boylan, who took a case to the Office of the Information Commissioner to obtain the report last year, also questioned two statements by junior ministers in relation to the case.

In a March 2022 parliamentary question, Minister of State for Heritage Malcolm Noonan told Eoin Ó Broin of Sinn Féin that there was no "formal report" into the case.

The department said that the NPWS report, which includes evidence and a lengthy list of proposed summonses, is not a formal report and "there is no formal report into the works carried out at Emo, other than internal memoranda and other documents, and the position remains the same as stated by Minister of State Noonan".

Ms Boylan also questioned why then planning minister Peter Burke told the Seanad in February 2022 that "the bat roost is fully intact and active."

Sinn Féin Senator Lynn Boylan said 'the department needs to outline what repercussions there were for those responsible'. Picture: Gareth Chaney/Collins Photos

"It was not disturbed or damaged in any way during recent works and the bat populations at Emo Court are stable," Mr Burke had said. 

The department said that Mr Burke was speaking on behalf of OPW Minister Patrick O’Donovan and that the information was, at the time, correct.

Ms Boylan said that the responses of the department need to be more comprehensive.

"The first thing is that there was a recommendation of a prosecution and the department needs to outline what repercussions there were for those responsible. They haven't answered that question. Who took the decision not to take the prosecution?

The OPW is supposed to be responsible for the heritage and if they can ignore the law, that raises a serious question. 

"It means that the message is that you can pick and choose when to adhere to the law."