The OEP launched an investigation in March 2024 after concerns that DAERA had not acted on recommendations from conservation bodies regarding Special Protection Areas (SPAs) for vulnerable species such as puffins, whooper swans, and light-bellied Brent geese.

Helen Venn, OEP Chief Regulatory Officer, stated that the government has a legal duty to maintain wild bird populations and their habitats. She noted potential failures by DAERA and pointed to a broader decline in wild birds across Northern Ireland, with a quarter of bird species on the island now on the Birds of Conservation Concern Red List.

DAERA has acknowledged the report and said it welcomes the OEP’s work, committing to review the findings. It added that more needs to be done to safeguard wildlife and habitats.

DAERA has been issued with an information notice and must respond by 5 August 2025.

The investigation focuses on failures to implement guidance from the Joint Nature Conservation Committee and other public bodies regarding the designation and management of SPAs.

A similar investigation is also underway in England, with notices sent to the Department for Environment, Food and Rural Affairs (DEFRA) and Natural England.

The OEP, established to hold public authorities accountable for environmental performance in England and Northern Ireland, has statutory power to investigate and enforce compliance, including potential legal action if necessary.