Claim wildlife laws 'breached' by State agency in Laois at Emo Court

A Sinn Féin Senator has clamed that the State agency responsible for managing Emo Court in Laois 'breached wildlife protection' laws.

Senator Lynn Boylan, raised the issue in Seanad Éireann in recent days where the Minister of State at the Department of Housing, Local Government and Heritage Peter Burke. While he does not have responsiblity for oversight of the Office of Public Works, he insisted that the bat roost was not disturbed or damaged in any way during recent works and the bat populations at Emo Court are stable.

Senator Bolyan raised the issue during  Commencement Matters in the Senate on Thursday, February 25. She also referred to a castle in Cork.

"I am sure that at this point the Minister of State is aware of the existence of two separate reports outlining where the OPW has clearly breached wildlife protection laws, in both Emo Court, County Laois and Barryscourt Castle, County Cork, by disturbing bat roosts without the proper derogation licence," she said at the outset.

The Senator said she has been working on for a number of months now, but the manner in which she has been treated by the Department in trying to get to the bottom of the issue has been a "disgrace".

"It started off with flat denials from the Department in November 2021, when it stated: "The OPW has not been involved in the destruction of a bat roost at Emo Court House." The Department stated that the works were being carried out under a derogation licence. When I sought that licence from the National Parks and Wildlife Service, first I found out that licences are not publically available and must be requested.

"When I requested the licences for the works that were being carried out on Emo Court, I was sent a licence dated for September 2020. I know that the works were carried out in December 2019. When I followed up and asked if I could have the derogation licence that covered the works of December 2019, I was met with radio silence," she said.

The Senator said a subsequent the freedom of information request was heavily redacted.

"We know that the facts are that in 2019, an ecologist report was produced on the works that were requested to be done on Emo Court. The report stated that the works could not go ahead because the mitigation could not ensure the safety of the bat roost. Despite that report, the OPW carried on with the works.

"I have to hand a photograph that was taken by ecologists in November 2019, which clearly shows that there were bats present and that works were taking place where the bats were roosting. In January 2020, the National Parks and Wildlife Service sent a ranger to investigate what was going on in the basement of Emo Court.

"The ranger stated that the only evidence of bats found was bat droppings that had been swept up and a dead bat. We know that the National Parks and Wildlife Service produced a report," she said.

The Sinn Féin representative asked two questions of the Minister.

"Will the report into the findings of what took place in the basement of Emo Court, along with the recommendations, be released? Will the Minister of State confirm that a prosecution was not recommended in this case arising from what took place in Emo Court?"

Minister Burke replied that he may not be able to answer some of the specific questions but wold refer them to the Minister of State as he said this is a very specific case.

He said that more than 500,000 visitors use the grounds describing it as "a haven of biodiversity". He said OPW, leads on educating visitors on the flora and fauna of the estate. He added that the OPW is committed to carefully conserving our native species and fighting biodiversity loss and it takes its responsibilities very seriously regarding the protection of wild flora and fauna. 

"At Emo Court, the OPW has cared for and continues to care for the significant bat roost there in line with wildlife and habitats legislation. The bat roost is fully intact and active. It was not disturbed or damaged in any way during recent works and the bat populations at Emo Court are stable.

"Emo Court is in much need of investment to upgrade the roof, replace dangerous electrical installations and install new heating systems. In 2019, the OPW secured funding under the rural regeneration and development fund of €1.2 million to undertake refurbishment and conservation works in the house and gardens in order to expand the visitor experience at the property and ensure this important heritage site delivers for the local tourism, employment, amenity and rural development agendas.

"In 2019, the OPW carried out critical electrical and fire upgrades and a refurbishment of rooms for the Fr. Brown exhibition. This project provided access to visitors to the first floor of the house for the first time in 25 years. There was wonderful visitor feedback on the enhanced heritage on offer and the reputation and visibility of the house increased. Laois County Council is extremely happy with the increase in tourism potential.

"In the autumn of last year, essential electrical works that were carried out constituted urgent immediate action, taken on foot of genuine escalating concerns for the safety of staff, external security and fire protection personnel and the main house at Emo Court. Urgent minimal electrical upgrading work took place in the electrical switch room and back west stairs area of the basement. This is not located near the bat roost room, which is in the round cellar under the central rotunda. The bat roost was not disturbed or impacted and the OPW understands that as emergency works, these did not require a derogation licence," he said.

He continued: "It should be noted that Bat Conservation Ireland undertook three separate surveys at Emo Court in 2021 and the surveying records indicate a stable population of bats in line with levels recorded in previous years in the period 2012-2020. In 2022, Bat Conservation Ireland will carry out three further systematic counts to monitor the continued health of the roost in Emo Court," he said.

Minister Burke reaffirm the OPW's commitment to conserving and enhancing our national biodiversity.

"The bat roost in Emo Court is active and is being managed proactively by the OPW. It is monitored regularly by an independent third party. Data collected by Bat Conservation Ireland since 2008 indicate that biannual counts have been taking place since 2012 and were increased to three counts per year in 2019. These counts over a period of more than a decade show that the number of bats at Emo is stable," he said.

Senator Boylan thanked the Minister of State for his response but she said she disagreed with him.

"The Minister of State can read a statement indicating the bat roosts are fine and stable or whatever but the reality is that works were carried out by the OPW without the necessary licence," she said.

Minister Burke asked the Senator to raise the issue with the Minister responsible for the Office of Public Works.