Micheál Martin (Cork South-Central, Fianna Fail)

I thank the Deputy for raising this important question because the nitrates derogation is of course a critical element in the economic sustainability of many family farms and the broader rural economy in Ireland. I acknowledge the huge efforts being made by farmers in terms of the water quality issue and compliance. Water quality remains the fundamental issue as does the Habitats Directive. However, the Government has said it will do everything in its power to make the case at EU level to secure the retention of the nitrates derogation given our unique grass-based production model.

There is an unprecedented engagement across the entire agrifood industry to drive improvements in water quality. I have established a Cabinet subcommittee on water quality to co-ordinate these efforts, with the most recent meeting last month. I have also raised this issue and the issue of derogation with the Commission President, Ursula von der Leyen. The Minister, Deputy Heydon, has raised the derogation with the European Commissioner for Environment, Water Resilience and a Competitive Circular Economy, Jessika Roswall. The Minister has invited her to Ireland to witness first hand our grass-based system and the importance of our derogation. We are currently engaging with the Commission on the process and have made two presentations to the nitrates committee, the important advisory committee made up of member states. We will continue to engage with that committee and with Commission officials.

The Minister for agriculture and the Minister for housing brought a memo to Government last week, highlighting progress on the development of the next Nitrates Action Programme and engagement with the Commission to agree a pathway to secure a continuation of our nitrates derogation. The Commission recently wrote to Ireland regarding the need for compliance with the Habitats Directive, in addition to meeting the objectives set under the water framework directive. This change has significant implications. The Commission's request of course arises from the ongoing case by An Taisce challenging the validity of our action programme and derogation which is currently before the courts with a number of questions referred to the European Court of Justice. There is other jurisprudence with the Dutch case and the implications of that. Based on that and the advice from the Attorney General there is a clear need for the State to develop a process to ensure the next action programme and derogation are compliant with those requirements.

The Minister, Deputy Heydon, is engaging intensively with stakeholders, including farm organisations and industry, as part of the process of developing Ireland's case for continuance of the derogation post-2025. The Department of agriculture has also provided an update to the agricultural water quality working group this week and we are looking at the optimal way to proceed from a catchment perspective. We will do everything we possibly can to secure the future of farmers in this respect.

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