Sir, - With reference to a recent report regarding a meeting of the Special Area of Conservation Advisory Appeals Board, I would appreciate publication of the following clarification of the board's role.
The EU Habitats Directive (92/43EEC) on the conservation of natural habitats and of wild flora and fauna requires that all member-States designate and protect areas which, in terms of their ecological and scientific value, constitute sites of European importance.
The selection and protection of these sites, known as candidate Special Areas of Conservation (cSACs), rests with the Minister for Arts, Heritage, Gaeltacht and the Islands - specifically, with D·chas The Heritage Service. Landowners who wish to object to the inclusion of their lands in a cSAC may appeal informally to D·chas, on scientific grounds only, for the removal of their lands. If this is unsuccessful they can then lodge a formal appeal for a review of the situation.
The board, which is a non-statutory body, was appointed by the Minister to consider formal appeals. It is independent of D·chas and is composed of unpaid volunteers. Membership is made up of nominees from farming organisations, such as the IF A and the ICMSA, as well as representatives of non-Government organisations such as Birdwatch Ireland, Coastwatch Ireland, An Taisce, NARGC, etc. It has an independent chairman and can avail itself of the services of an independent scientist for advice on ecological matters.
This balanced membership, representing the views of landowners and conservationists, ensures that a fair and equitable cross-section of concerns are catered for in the composition of the board. The board can consider only scientific (biological/ecological) evidence. All other arguments, such as social, economic and historical ones, are outside its remit.
The Minister has directed that up to £1,000 be made available to appellants to offset costs incurred in engaging the services of an expert in the preparation of their appeal.
The board provides a list of experts, independently sourced by the Heritage Council, who are suitably qualified to assist in the preparation of scientific submission. In providing this list the board's concern is that the interests of the landowner are best served by the consultant he/she engages, but appellants are not restricted to those listed on the panel.
The board arranges for both the appellant and D·chas to submit their scientific case and facilitates both sides in examining and commenting on the other's submission.
The establishment of the board provides landowners who are aggrieved by the designation of their lands with a further opportunity to present their case. It is not a court of law, nor a tribunal, nor is it a public forum. While the board will consider all written reports submitted in advance of the hearing date, the meetings are conducted in private with attendance confined to landowners and their nominated consultants, who are free to make oral contributions on the case.
Access is also denied to the media and to pressure groups.
Such restrictions are necessary to ensure that only scientific evidence related to the particular case is presented to board and to allow it discharge its function in the manner intended. - Yours, etc.,
Patrick White, Secretary, SAC Appeals Advisory Board, Department of Arts, Heritage, Gaeltacht and the Islands, Ely Place, Dublin 2.