The High Court has rejected a challenge to the 2023 decision which removed four duck species from Ireland's open hunting season.
John Butler and the National Association of Regional Game Councils challenged the Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2023, which removed pintail, pochard, scaup and goldeneye from the species that could lawfully be hunted.
Mr Justice Barr held that the Minister was entitled to make the amendment after being presented with scientific evidence showing significant population declines. The ruling leaves the hunting prohibition in place, subject to the final order being perfected.
The applicants argued that before changing the order, the Minister was required by section 11(2)(bc) of the Wildlife Act 1976 to identify and separately assess ecological, scientific, cultural, economic and recreational requirements. They said those matters were not addressed in the briefing papers supplied to the Minister.
The court rejected that interpretation. It held that sections 8 and 24 of the Wildlife Act gave the Minister power to amend an existing open seasons order where necessary to protect wild bird populations. The legislation did not require the specific exercise proposed by the applicants before that power could be used.
The judge added that, even if such consideration had been legally required, the Minister had addressed the substance of those matters. The decision followed scientific assessment, an online public consultation which received 2,559 responses, and a stakeholder meeting at which the game councils organisation made a presentation.
Evidence before the Minister showed estimated declines between 1995 and 2019 of 79.1% for pochard, 89.2% for scaup and 66.9% for goldeneye. The court also held that, given uncertainty about the cause of declining numbers and the absence of reliable hunting data, the Minister was entitled to apply the precautionary principle.
The applicants' reliefs were refused. Costs and the precise final order were left for later determination.