'Criminal damage to nature is a crime' - conviction and big fines in Laois

A government Minister and the head of Ireland's National Parks and Wildlife Service (NPWS have issued a stern warning after big fines and convictions were handed down over damage to the environment in Laois.

Minister for Nature, Heritage and Electoral Reform and Malcolm Noonan and Niall Ó Donnchú, Director General with the NPWS, warned of harsh consequences after 11 Criminal Convictions and €31,000 in fines for damaging the River Barrow and River Nore Special Area of Conservation in Laois.

The Department of Housing, Local Government and Heritage on foot of the conclusion of a case involving the actions of two brothers and another man that concluded in September.

The Department said Danny O’Brien of Geashill, Co Offaly, his brother Mr Rory O’Brien of Portarlington, Co Laois and Mr Pat Paisley of Daingean, Co. Offaly pleaded guilty to charges relating to breaches of the European Communities (Birds and Natural Habitats) Regulations, 2011 (S.I. No. 477/2011).

It said the offences occurred at Cooltedery, Portarlington, Co Laois, between April 10 and September 21 in 2020.

The Department said the case was taken by the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage was prosecuted by William Maher BL, with Donal Dunne, the State Solicitor for Laois, instructing. 

They carried out works within the River Barrow and River Nore Special Area of Conservation without Ministerial consent in contravention of the EC Birds and Natural Habitats Regulations.

Their actions resulted Judge John O’Leary imposing four criminal convictions on Rory O’Brien and fines totalling €16,000. He also imposed four criminal convictions and fines totalling €12,000 on Danny O'Brien. 

Regarding Central Crushing and Screening Ltd, to which Rory O’Brien is a Director and Secretary of, Judge O’Leary imposed three criminal convictions and fines totalling €3,000 on the Company. Each defendant was given six months to pay. The court also directed Central Crushing and Screening Ltd to pay the costs of the investigation and the prosecution costs of €4,960 and to do so within 21 days. 

Judge O’Leary was satisfied to strike out the charges against Mr Paisley, giving him the benefit of the Probation Act.

Reacting to the convictions, Minister Noonan warned others.

“My Department continues to vigorously enforce wildlife legislation, with suspected breaches investigated by the National Parks and Wildlife Service and An Garda Síochána as appropriate. NPWS has sent 42 cases to the Chief State Solicitor’s Office since the beginning of 2023.”

Mr Ó Donnchú said enforcement is happening.

“Last year NPWS established a new Wildlife Crime Enforcement Directorate to strengthen and sharpen the focus on this aspect of our work in protecting nature. Criminal damage to nature is a crime that strikes at the heart of species codependency. I would like to thank all of our NPWS Conservation Rangers and colleagues for their efforts in bringing these cases forward.”