The European Commission is to launch an investigation into development works at the Boyne estuary in Drogheda Port, Co Louth. The move follows a number of questions put to the EU Environment Commissioner, Ms Margot Wallstrom, yesterday and on Wednesday by the Irish Green MEP, Ms Patricia McKenna.
Drogheda Port Company is currently developing a major expansion of existing port facilities in the estuary. The work has been cleared by the Department of the Marine and Natural Resources, Louth County Council and Drogheda Corporation.
The Boyne estuary is a designated Special Protected Area (SPA) under the Wild Birds Directive and is under consideration by the EU for designation as a Special Area of Conservation (SAC), to be protected under the Habitats Directive.
Last year, the works resulted in damage to a mudflat at an area of the estuary known as Stagrennan. This mudflat had been added to the SPA at the Commission's request. Environmentalists have also claimed other infrastructural works have damaged the fragile ecosystem.
A legal action brought by Ms Karin Dubsky, of Coastwatch Europe, last year challenged the use of mechanical means to reinstate the cord grass, arguing that this was further damaging the underlying mudflat and would cause the ecologically harmful spread of cord grass in the estuary. The outcome of this legal challenge is expected next Tuesday.
On Wednesday, Ms McKenna told Ms Wallstrom the works had destroyed the feeding grounds of thousands of birds protected by EU law.
These included, according to the MEP, the golden plover listed in Annex I of the Habitats Directive, the lapwing, and the red shank, which are all threatened species in Europe.
Environmentalists, including Ms McKenna, estimate that about 10 per cent of the SPA has already been destroyed by the port development works, which may cost up to £12 million.
Addressing the Commissioner, Ms McKenna asked: "How can the Commission ensure that this sort of development, financed through the Structural Funds, does not conflict with the nature conservation needs of the area?"
Announcing that the Commission would investigate the issue, Ms Wallstrom said the Commission would firstly "seek further clarification from the Irish authorities. Clearly there would be a problem with compensatory measures which were themselves damaging," she said.
But she added: "We are not at the moment ready to propose to stop the financing from the Structural Funds."
Some £1.5 million has already been paid by the EU towards financing the project, while another £2 million is expected.
Yesterday, in continued questioning, Ms McKenna raised a further issue as to the propriety of the Department of the Marine and Natural Resources "in issuing a licence to a company that it owns, and using EU money to fund this company to complete works in the port".
She particularly questioned whether the Court of Auditors should be involved in the investigation.
However, she was told all investigations could be carried out by the Commission itself, which would be seeking contact with Drogheda Port Company.
