State 'failing' to protect red grouse

A High Court action has been brought aimed at stopping the licensed shooting of the red grouse and several other wild bird species…

A High Court action has been brought aimed at stopping the licensed shooting of the red grouse and several other wild bird species during their reproductive cycles.

In their proceedings, the trustees of the National Association of Regional Game Councils (NARGC) claim the conservation status of certain bird species here has been placed at risk because of the alleged failure of the State to properly transpose EU measures for the conservation of birds.

Siobhán Phelan, for the NARGC, yesterday secured leave from Mr Justice Michael Peart to bring a judicial review challenge to the decision of the Minister for the Environment of March 8th last to issue a hunting licence to the Irish Kennel Club under the Wildlife Act. The licence was backdated to February 1st last and expires on March 31st.

The court was told the Minister issues a licence annually to the club allowing it to hunt protected wild birds for the purpose of training gundogs and holding field trials. The NARGC claims the Minister is acting in excess of his powers in issuing a licence to a body which then decides itself who is authorised to hunt. It claims such a blanket licence circumvents the requirement to make an individual assessment of each applicant for a hunting licence and constitutes an unlawful delegation of the Minister's licensing powers.

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It also claims the backdating of the licence was done for an improper purpose - to validate unlawful acts which had already taken place.