HC Deb 25 May 1994 vol 244 cc149-50W
Mr. Denham

To ask the Secretary of State for the Environment what are the grounds on which an area may be excluded from a proposed special protection area under the European Union birds directive.

Mr. Atkins

Judgments by the European Court of Justice indicate that member states of the European Community have a margin of discretion in the selection of special protection areas and in the determination of their boundaries. The margin of discretion has not been defined by the court. Article 2 of the birds directive—79/409/EEC —requires member states to take requisite measures to maintain bird populations while taking account of economic and recreational requirements.

Mr. Denham

To ask the Secretary of State for the Environment (1) what advice he has received from English Nature as to whether the intertidal mudflats of Tipner lake within Portsmouth harbour qualify on scientific grounds for inclusion within the proposed special protection area and Ramsar site;

(2) when he expects to designate Portsmouth harbour as (a) a special protection area under the European Union birds directive and (b) as a Ramsar site.

Mr. Atkins

English Nature has advised that the potential Portsmouth harbour special protection area and Ramsar site is of special importance within the United Kingdom and the European Union for the range of wildfowl and wader species which use the site. In particular, it contains internationally important numbers of regularly occurring migratory species of wild birds, including dark-bellied brent goose, red-breasted mer-ganser, black-tailed godwit and dunlin. English Nature advises also that the area within Tipner lake which falls within the proposed SPA boundary is an integral part of that site.

My right hon. Friend expects to designate an area of Portsmouth harbour as a special protection area and Ramsar site later this year after considering representations received.