Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this very important issue, which is timely in advance of the Commissioner's visit this week. The Government recognises the importance of maintaining Ireland's nitrates derogation and is committed to seeking to maintain it into the longer term. However, to do this, we must all act together to improve water quality. Our current derogation includes a requirement for a two-year water quality review. The European Commission's implementing decision, which is the formal legal instrument awarding Ireland’s derogation, states that the maximum derogation stocking rate must reduce to 220 kg N/ha from 1 January 2024 in areas that did not pass the review. In March of this year, the Minister for agriculture, Deputy McConalogue, engaged with the Commission to revisit the conditionality around the two-year water quality review. In June the Environmental Protection Agency, EPA, reported the outcome of the review. Its report identified a significant area of the country that had failed at least one of the four criteria prescribed by the Commission.

In August, as part of the Minister for agriculture's ongoing engagement, he wrote to Commissioner Sinkevičius seeking more time to establish the impact of measures recently introduced under the nitrates action programme before there would be any reduction in the maximum derogation stocking rate. In early September, the Minister met Commissioner Sinkevičius when it became very clear there will be no reopening of the Commission's implementing decision. However, the Commissioner outlined there was scope to make some minor adjustments to the outcome arising from the water quality review based on scientifically justified parameters. Following that interpretation process, the final implementation map showing the areas that must move to the lower maximum derogation stocking rate was published on 3 October. The Minister, Deputy McConalogue, is continuing to engage with the Commission on the implementing decision, including in relation to recent reports suggesting that there may be a prospect of delaying implementation.

I know Deputy Healy-Rae will agree it is critically important that farmers have clarity on this matter, and that will be the focus of Commissioner Sinkevičius’ visit this Thursday.

The Minister, Deputy McConalogue, will use this opportunity to emphasise the critical importance of Irish agriculture retaining its nitrates derogation from 2026 onwards. As the engagement continues, however, it is prudent that we continue to prepare for the move to the lower maximum stocking rate. That is why the Department of Agriculture, Food and the Marine published the implementation map in early October, categorised all land in the country and has since commenced the process of writing to the farmers most likely to be directly impacted by the reduction in the derogation stocking rate limit.

I will speak directly to the specific concerns raised by the Deputy. It is important to clarify that the move to 220 kg does not mean that on 1 January next year an impacted farm must be at or below 220 kg of livestock manure nitrogen per hectare. As is normal practice, compliance with the new maximum allowance will be assessed on a calendar year basis after year-end. Obviously, in order to ensure farmers are compliant overall by the end of 2024, it would be beneficial if action were taken early to ensure an orderly transition to the new derogation regime.

I will address another point raised by the Deputy. To reduce the pressure to move young calves off-farm, the Minister has asked Teagasc to establish a separate nutrient excretion rate for young calves, rather than the current situation, where they are considered in the overall bovine category from zero to 12 months. Teagasc has also been asked to investigate the impact of reducing the maximum crude protein content of concentrates fed to dairy cows at grass. This may justify a reduction in the dairy cow’s nutrient excretion rate due to the lower crude protein intake. Furthermore, the Minister has asked Teagasc to review the calculation of the nutrient content of cattle slurry.

The Government strongly encourages all impacted farmers to engage with an accredited agricultural adviser to seek their best option or combination of options available to allow them to adjust to the new limit. I will bring back the points raised by the Deputy to the Minister, Deputy McConalogue, ahead of his meeting on Thursday with Commissioner Sinkevičius.

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