Wild Birds (Habitat Protection) (Hansard, 5 July 1985)

§ Mr. Patrick Jenkin

The following is the text of the letter of 10 September 1984 received from the European CommissionThe Royal Society for the Protection of Birds has filed a complaint against the British Government alleging nonobservance of requirements of the directive on the conservation of wild birds (79/409/EEC) with respect to the protection of an important bird area on the Scottish Island of Islay. The area concerned is described on the information sheet enclosed. It is also listed in the report of the Commission entitled: `Apercu des zones de grant interet pour la conservation des oiseaux sauvages'. Considering that the area is clearly of Community importance for bird preservation, may I ask your Government to take the necessary steps to protect the area in accordance with the provisions of article 4 paragraph 4 of the directive 79/409/EEC and to add this area to the UK list of special protection areas. I would be most grateful for an early reply.

The reply of 1 July was as follows:

"DIRECTIVE 79/409 I must regret the delay in replying to a series of letters from Mr. Andreopoulos about the application of the wild birds directive to an area of the Scottish island if Islay. You reminded us of this correspondence in a telex of 21 May to Sir Michael Butler. You will be pleased to hear that the area of Islay in question, Duich Moss, was designated as a site of special scientific interest on 19 July 1984 under the Wildlife and Countryside Act 1981. This is an essential first step before Duich Moss can be considered for designation as a special protection area under article 4 of the directive. The necessary consultations to prepare for this designation are beginning in September. Meanwhile the whole of the site of which Duich Moss is a part, which extends to some 1,419 acres, is receiving the protection appropriate to its status as a site of special scientific interest. The effect of this protection is to impose certain restrictions on particularly operations which would, in the opinion of the nature conservancy council, be detrimental to the scientific interests of the site. However, these protective provisions do not preclude the carrying out on the land of any operation which has been authorised by the granting of planning permission, with any attendant conditions. Such permission has been given by the Secretary of State for Scotland for the digging of peat from an area of some 150 acres within the site of special scientific interest, the first phase being confined to an area of 44 acres. The background to the decision is set out in an annex to this letter. You will see that the strict conditions which have been set for the planning permission are designed to minimise disturbances to the Greenland white-fronted geese which roost on Duich Moss over the winter, and to ensure that the general nature conservation interest of the Moss is not adversely affected.