Ireland found guilty by Europe of failing to protect 200 special areas of conservation

Heritage Minister Malcolm Noonan claims that the judgment reflects the position prior to January 2019 and that Ireland has since ramped up its action. File picture

Europe's highest court has found Ireland guilty of failing to protect more than 200 sites marked for conservation going back almost 20 years.

The European Court of Justice (ECJ) said that Ireland had failed to protect 217 out of 423 defined as so-called special areas of conservation (SAC) identified in 2004. 

Natura 2000 consists of around 27,000 land and marine sites which are protected under the EU's Habitats Directive and the Birds Directive, collectively known as the Nature Directives.

The EU's Habitats Directive aims to protect more than a thousand species, including mammals, reptiles, amphibians, fish invertebrates, and plants, and 230 characteristic habitat types, aimed at ensuring such species and habitat types are maintained or restored to a favourable conservation status.

The European Commission asked Ireland to take action back in 2013 on SACs, following up a number of times in the decade since. 

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As well as court costs, Ireland is now on the hook for fines from the commission for its failures. Director General of the National Parks and Wildlife Service (NPWS), Niall O'Donnchu, said the judgement in this case was anticipated.

"We are all aware that across Europe there is a huge effort required in relation to the protection of nature and biodiversity. This is something that the NPWS takes extremely seriously—our mission is to protect nature, and we are committed to delivering on this."

He echoed Heritage Minister Malcolm Noonan's claim that the judgement reflects the position prior to January 2019 and that Ireland has since ramped up its action.

Mr Noonan said: "I am studying the judgment carefully with my colleagues in the NPWS and in consultation with the Attorney General, and do not propose to comment in detail immediately, other than to say that we recognise the importance and the significance of the judgment and the findings of non-compliance with the Habitats Directive.

It is important to note that the court’s findings refer to the position in January 2019. This Government has made very considerable progress in recent years. 

"We are transforming and renewing the NPWS and have created a dedicated directorate to lead on the implementation of conservation measures across all of Ireland’s Natura 2000 sites. 

"I am confident that we will respond to this judgment swiftly with positive and constructive actions in order to bring Ireland into full compliance.”

Mr O'Donnchu said Ireland has "come a considerable distance" since 2019 and that the NPWS will engage with the EU Commission on a roadmap.

"It is our firm intention that the judgement will spur NPWS on to further action. Our natural world is at the core of everything we do, and everything we produce as a country. We need to work together to ensure that it is healthy, protected and thriving long into the future.”

There are currently around 40 EU cases against Ireland related to the likes of water quality, biodiversity protection failure, and failures in designating special areas of conservation.