Europe's highest court has ruled the Government broke EU law by failing to adequately protect some of Ireland's most endangered bird species.
The disappearance of the corncrake from the Moy valley and the loss of a colony of sandwich terns from Cross Lough can be attributed to the State's failure to designate special protection areas (SPAs) for birds.
The Government has not prevented activities such as shellfish farming or building works that cause pollution in special protected areas. It has also failed to prevent the destruction of habitats outside of these protected areas, according to the European Court of Justice (ECJ).
"Ireland has failed to fulfil its obligations under Articles 4(1), (2) and (4), and 10 of the Birds Directive and Article 6(2) to (4) of the Habitats Directive," said the ECJ judgment, which ruled on six complaints made by the European Commission referring from 1981 to 2003.
The court found the Government has designated an inadequate number of protected areas, and the SPAs it has established are too small in size. Ireland's network of protected areas was the second smallest in terms of territorial coverage in the EU in 2003, the date the legal action began. It also did not designate 42 of the 140 sites that were identified by Birdlife International as important bird areas in the Republic.
The Government submitted a detailed challenge for four of the 42 sites identified by the commission as not designated SPAs: Cross Lough; Falcarragh to Min an Chladaigh; Malin Head and the Fanad Head Peninsula.
In the case of Cross Lough, the judgment highlights that the Government's failure to designate the area may have played a part in the loss of a colony of sandwich terns, which had been based there since 1937.
The ECJ threw out the State's argument that the disappearance of the colony meant that there was now no need to designate the area a protected habitat. "Observations . . . confirm the potential for recolonisation of areas by the sandwich tern," said the ECJ judgment.
The court found the commission action was well-founded for the other three areas not designated by the Government because of the presence of the corncrake, a bird species on the world's endangered species list.
It said the loss of the corncrake in the Moy valley, which should have been classified as an SPA, was the result of changes in farming practices, which Ireland took no steps to remedy.
The ECJ also upheld a complaint by the commission that the Government had illegally restricted the size of protected areas for birds in Dublin, Sandymount Strand and Tolka Estuary, following representations from the Dublin Port company. It found the borders of the SPAs were drawn up to allow for a port extension without due consideration of the ornithological value of those wetland areas.
The court threw out a separate complaint that the Government had failed to set up a legal regime that promoted active or positive measures, as well as preventive measures, to protect birdlife.
But the ECJ found in favour of commission complaints that Ireland has not taken appropriate steps to prevent pollution and deterioration of bird habitats outside of SPA areas and that it has not complied with the habitats directive, which seeks to protect European wildlife.
Minister for the Environment John Gormley said in a statement last night that he had asked the National Parks and Wildlife Service of his department to deal with these "legacy issues".
He said a reassessment of SPAs was almost complete and he noted a growing appreciation on the part of landowners and farmers of the importance of preserving our natural heritage.
"Farmers are voting with their feet, and applying to get their land included in the designation. They know that it is possible to farm for a conservation purpose, supported by a compensation package," said Mr Gormley.