Mr. Jack Nolan:

The principle of the derogation is that it is allowed for within the directive that was signed in 1991. Even at that time, there was a recognition that different soil types and conditions within a country could allow farmers there to apply more livestock manure than the standard safety limit. An article in the directive states that if there is a long growing season, high net rainfall, as we have, and high denitrification capacity in the soil, the member state is eligible to apply for a derogation. Ireland meets those scientific criteria and that has been agreed by the EPA, the Department of Housing, Local Government and Heritage, Teagasc and us. We have applied every four years since 2006 and we have been successful.

There has definitely been an increase in the loss of nitrogen over recent years. That is why we took pre-emptive action in 2019 with a voluntary review of the derogation. That did not take place in any other member state and was not pre-empted by the Commission but we took the action to cause change on farms. Earlier this year, we approached Teagasc in Moorepark - we are in consultation with it all the time - and asked it to model a series of measures and predict what their outcome would be. I presume that when the EPA was appearing before the committee, it referred to the total nitrogen reduction rate that is needed in each catchment to bring it to good water status.

Teagasc has modelled the measures the Departments have proposed in the consultation document. If these measures are allowed on to farms and they are successful, we can reverse the trend and facilitate high stocking rates.

As we get more information, we will need more targeted measures on farms because certain parts of a field, never mind a farm or a parish, behave differently from other parts as regards soil type, and there will be more losses. These are called critical source areas and in the future we will have to home in on those more. We also know that if every farmer in a catchment has a high stocking rate, it will be difficult for water quality to thrive. The Deputy was probably at the Teagasc open day in Moorepark, at which Teagasc told farmers they can reduce their surplus from an average of 180 kg per hectare to 100 kg per hectare and increase their nitrogen use efficiency from 25% to 50%. The price of fertiliser is nearly double what it was this time last year. That will have a major impact. The proposed measures will take water quality in the right direction but there is a serious need for investment, particularly in slurry storage on dairy farms, to get better use of the nutrients that are produced.