Mr. Bill Callanan:

As my colleague set out at the beginning, the conditionality and the derogation effectively prescribed the data sources used by the EPA in terms of this. It is a blunt instrument. Let us be honest about it: there are some anomalies that appear to come out of this in terms of some areas where there is quite intensive farming, and there is no doubting that. What I challenge the group is, in terms of the criticism of the 250 to 220, whatever may be said about those areas that should be included or those areas that are subject to phosphorous as the main issue, we cannot in any way resile from the fact that, looking at either the absolute figures, the overall nitrates levels, the trends or whatever test would be put on to those areas that are predominants of derogation, which are the south and east, that would not come up with the same general thrust regarding, effectively, nutrients, particularly nitrates, being too high in those areas. That is the simple reality. We can get lost in terms of whether the EPA data set is comprehensive or full or whatever way we want to test it. Looking at it over a period, the south east and the south west in particular and a certain amount of the midlands are all well in excess of those thresholds for the achievement of good status, which is the water framework standard. Is the Department mindful of that? I do not run the EPA in terms of how it does its business, but it certainly produced a very good explanation in terms of how it had taken the conditions as prescribed by the Commission and applied them to its own data set to come up with this report.

We have to accept its bona fides with regard to the data Mr. Massey has identified. We do not have a comparison to the agricultural catchments programme, ACP, but the key messages are certainly the same. The nutrient load in some of these catchments is too high. That is the unfortunate reality. I would prefer if it was otherwise but that is the reality of the matter in the context of discussions on a derogation. It is a derogation from the conditions applied under the directive not a derogation from the ambitions of the directive.