Ombudsman Emily O'Reilly has found that an order purporting to extend the Special Protection Area (SPA) for wild birds in Dublin Bay was made "without proper authority" and "contrary to fair or sound administration".
The proposed extension to the Sandymount Strand/Tolka Estuary SPA, made under the EU Birds Directive in 1999, is also the subject of a European Commission legal action against Ireland over its failure to properly implement the directive. Dublin Bay Watch, a coalition of residents' associations, complained to the Ombudsman and the commission that Dúchas, the Heritage Service, had altered the SPA map to exclude a 50-acre area proposed for infilling by Dublin Port.
Records obtained from Dúchas under the Freedom of Information Act showed this had been done following informal contact with the port company, and no scientific evidence had been produced to justify the amendment.
According to Ms O'Reilly's report, the Department of the Environment acknowledged there were "deficiencies in administrative practices", although it did not agree with her conclusion that the SPA order had been improperly made.
However, the ombudsman said she was "gravely concerned" about the administrative practices involved as interested parties "may have been misled", and that these deficiencies "raise serious questions as to the validity" of the order.
Dublin Bay Watch claimed members of the public were not advised about the change until after the designation had been made "following undocumented discussions with the port company", and had not been afforded an opportunity to object.
Ms O'Reilly concluded there was "prima facie evidence" that the department's actions were "taken without proper authority, that they were based on an undesirable administrative practice and were contrary to fair or sound administration".
Dublin Bay Watch is holding a conference on the future of the port and bay at Clontarf Castle next Sunday at 3pm.
