The European Court of Justice has ruled against the Government for failing to fulfil its obligations under the EU Birds and Habitats Directive to protect the red grouse.
It also found Ireland had not put in place measures necessary to prevent the deterioration of Ireland's largest special protection area (SPA), the Owenduff-Nephin Beg complex in Co Mayo, and has subsequently failed to fulfil its obligations under the Habitats Directive.
The judgments last week were welcomed yesterday by BirdWatch Ireland which said this was the first time that a case had been taken for a bird species which did not occur on annex 1 of the Birds Directive. This annex list the birds in the EU which are most threatened and which require special conservation measures.
The BirdWatch statement added that member-states still had a responsibility under the directive to protect all naturally occurring wildbird species, many of which may be under particular threat in individual states. It said the judgment had implications for a range of bird species, including the cuckoo, grey partridge, yellowhammer and barn owl.
BirdWatch also said that overgrazing by sheep had been implicated as the main reason for habitat deterioration in the Owenduff-Nephin Beg complex. The European Commission questioned the effectiveness of the Rural Environment Protection Scheme in preventing this damage.
Dr Alan Craig, director of National Parks and Wildlife at Dúchas, the heritage service, said greater protection would now have to be afforded to all birds, including migratory species.