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Hosey & Ors -v- Minister for Environment & Ors.

Country/Territory
Ireland
Type of court
National - higher court
Date
Mar 9, 2010
Source
UNEP, InforMEA
Court name
High Court of Ireland
Judge
Edwards.
Reference number
[2010] IEHC 61
Language
English
Subject
Wild species & ecosystems
Abstract
On the 8th of March 2007, the Minister for the Environment, Heritage and Local Government (the first named respondent) granted a licence to hunt (excluding killing) wild birds to the Irish Kennel Club (Notice Party) in respect of its dog training and field trialing activities. The licence issued pursuant to section 22(9)(c ) of the Wildlife Act 1976, as amended by the Wildlife (Amendment) Act 2000. The licence expired on the 31st of March 2007. These proceedings are brought by the applicants on behalf of the National Association of Regional Games Councils (N.A.R.G.C.) for the purpose of challenging the decision to grant this licence both in principle, and in the particular form in which it was issued. They were granted leave to apply by way of judicial review for the reliefs set out at part “D” of the applicant’s Statement of Grounds, asking the quashing of the decision of the respondent to issue a licence authorising a class or description of persons to hunt without identifying with particularity the individuals concerned. The respondents have raised a preliminary issue as to whether the applicants have the necessary locus standi to maintain these proceedings. The Court, having examined the matter to which the challenge relates, as well as the relevant legislation, finds itself in agreement with this submission. The applicants do not have demonstrated that the provisions in question are capable of having direct effect and that they are such as to provide a right of action to the applicants. For the reasons stated the court dismiss all aspects of the applicants’ claim for lack of locus standi. The applicants’ primary argument was that there has been a failure to transpose the relevant provisions of the Birds Directive into Irish Law, but the Court was of the opinion that the Wildlife Acts 1976 and 2000 do adequately transpose the provisions of the Birds Directive into Irish law.