Written answer
Wild Fires
1865. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage to clarify all the enforcement mechanisms and options for authorities to pursue and prosecute individuals for starting wildfires, particularly in cases where these individuals are not land-owners; how these investigations triggered, by who and who are responsible for managing the investigation; how many of these resulted in fines or prosecution in the last 10 years; and if he will make a statement on the matter. [62540/26]
Comment on this
The prevention, investigation and enforcement of offences relating to uncontrolled or illegal burning can involve a number of statutory bodies, depending on the circumstances of the incident, the location of the fire, the land affected and the nature of any suspected offence.
Officials in the National Parks and Wildlife Service (NPWS) are authorised to investigate and prosecute offences, related to illegal and uncontrolled burning, under both the Wildlife Act, as amended and/or European Communities (Birds and Natural Habitats) Regulations 2011, as amended and, where appropriate, prepare prosecution files for consideration by the Chief State Solicitor’s Office.
Where a fire is suspected of having been deliberately or unlawfully started, the matter may also be investigated and prosecuted by An Garda Síochána.
Investigations can be triggered through reports received from members of the public or from emergency services, local authorities, the NPWS, An Garda Síochána or other relevant bodies. There is ongoing cooperation between authorities, where required, in investigating such fires.
In addition, another authority with responsibilities with regard to illegal and uncontrolled burning, for example, is the Department of Agriculture, Food and the Marine which has an important role in relation to the prevention and management of illegal and uncontrolled burning through the notification of condition warnings and including the application of penalties under legislation under its remit. The NPWS can cross report incidences of illegal and uncontrolled burning to Department of Agriculture, Food and the Marine.
The fact that an individual is not the owner of the land does not preclude the investigation or prosecution of that individual where there is evidence that they have committed an offence. The appropriate enforcement and prosecution mechanism as well as the authority, will depend on the specific facts of each case. The investigation and management of wildfire incidents therefore requires a coordinated multi-agency response, with the lead responsibility determined by the circumstances of the incident and the statutory functions of the relevant authorities.
In the last ten years, nine prosecutions have been taken by the NPWS in relation to burning of uncultivated vegetation. In five of these cases, the defendants were convicted and fined. Two were ordered to make donations to charity and two cases remain before the courts.
The potentially long-term and devastating impacts of wildfires on our National Parks and Nature Reserves have been identified as a significant concern. An aerial firefighting contract was established in 2024 to provide priority support for tackling wildfires across the NPWS estate. This will further strengthen wildfire preparedness and response capabilities, including aerial surveillance, firefighting services, emergency response arrangements, and preventative measures to protect visitors, biodiversity, and State assets from the growing risk of wildfires. From 2027, aerial operations will be expanded to incorporate a broader range of service providers and innovative technological solutions, enhancing the capacity of the National Parks and Wildlife Service to prevent, detect and respond to wildfire incidents.