Dáil debates

Thursday, 27 January 2005

3:00 pm

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 1: To ask the Minister for Agriculture and Food the action she is taking to address the rejection by the EU Commission of the Government's implementation strategy on the nitrates directive; and if she will make a statement on the matter. [2132/05]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland submitted an action programme for the further implementation of the directive to the European Commission on 22 October 2004. In parallel with the submission of the action programme, Ireland also submitted a derogation proposal setting out a scientific justification for operating levels of up to 250 kg organic nitrogen per hectare, based on the specific characteristics of Irish agriculture.

The Commission has now conveyed its view, by way of a letter of formal notice under Article 228 of the EU Treaty issued to Ireland dated 22 December 2004, that the action programme is not complete and does not comply with the requirements of the directive and the judgment of the European Court of Justice against Ireland, which was delivered on 11 March 2004. The Minister for the Environment, Heritage and Local Government, Deputy Roche, and I have met the farming bodies to discuss the current position on the action programme, and my officials are now working with their counterparts in the Department of the Environment, Heritage and Local Government on the preparation of a response to the Commission.

Continued EU funding of Ireland's rural development measures including REPS and compensatory allowances is dependent on our meeting the requirements of the nitrates directive. It is also one of the statutory management requirements under the single farm payment scheme. We must make every effort, therefore, to secure the approval of the Commission both for the action programme itself and also for the derogation arrangements, which we put forward separately. However, it is my objective, shared by the Minister for the Environment, Heritage and Local Government, to minimise the burden of compliance on farmers generally and to ensure that the future of the commercial agriculture sector is safeguarded.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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I thank the Minister for her response. The European Commission proposes extending the number of weeks slurry storage is required and restricting the number of weeks in which slurry can be spread as well as extending the requirements to other counties. Why are the zones being extended in counties like Donegal, Roscommon and others, and why are the restrictions being extended if no problem exists with nitrate enrichment in such counties? This is a big issue for many farmers. Is it not the case that a maximum of 8% of the country needs to be designated as nitrate vulnerable? In light of this, did the Government not make an awful mistake in proposing to encompass the whole country in the designation under the nitrates directive?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Both the Minister for the Environment, Heritage and Local Government and I are disappointed that the compromise position of the Brosnan report was not accepted. As the Deputy knows proposals were made in 2003, which were not acceptable to the bodies and therefore further discussions took place. The use of zoning is accepted in principle by the Commission. However, unfortunately it regarded the specified zones to be inappropriate. Following a meeting between the farming bodies, the Minister for the Environment, Heritage and Local Government and me, the Minister for the Environment, Heritage and Local Government will proceed to defend robustly our original proposals. This will be based on the scientific data submitted by the experts. With his officials he will argue that the proposals should be accepted, as they are scientifically sound.

The question as to whether parts of the country should have been zoned and others not zoned is now almost superfluous. Unfortunately, the Commission was ultimately not happy with the proposed action plan. We need to get agreement quickly on the issue, as the implications of not doing so would mean that a proposal for derogation would not be accepted by the Commission and certain payments could be held up. We now need to try to ensure that in the defence of the proposals, the Minister for the Environment, Heritage and Local Government should be in a position to get agreement from the Commission.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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The reason for being in thismess in the first place and now having to get agreement so quickly is that the Government sat on its laurels on the matter for many years. It should have made proposals long before last year. Is it not the case that pigs, poultry and dairy production will now be restricted in the most vulnerable zones that have been designated along the Border, with some of the midland counties included? The European Commission highlighted that the proposals had an inadequate scientific basis. Will the Minister review the scientific evidence on the basis of proposing the nitrate vulnerable areas, whether they be townlands or communities, and submit it to Brussels rather than designating the whole country and imposing huge restrictions that are not necessary to meet the requirements set down under the nitrates directive?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The action programme wasnot rejected on the basis of the scientific data. It was rejected mainly because it failed to create binding rules for farmers, the prohibited periods for spreading fertiliser needed to be extended, the minimum storage capacity needed to be increased and clear rules needed to be established on nutrient management by reference to crop needs. It was not rejected on the basis of any scientific data or because areas were zoned. There was reference to finalisation of some supporting documents. However, those were guidelines to farmers and were not part of the scientific aspect.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Why does the Commission require more information? Is that not based on scientific evidence?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I refute the Deputy's first insinuation that the Government failed to provide a national action plan.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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It took it seven and a half years.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Members on the opposite side of the House have pontificated too much about ensuring that we had-——

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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This goes back to 1992.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Yes, 1992. I do not recall at any time in the past 20 years any Opposition Members calling for a nitrogen action plan.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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We worked on it between 1994 and 1997. We established the guidelines before we left office.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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They know we had difficulties in preparing it. Many of the Opposition Members present were previously members of local authorities, which introduced by-laws not similar to the proposals made by Teagasc. This will cause some serious problems for people like me and my colleagues on this side of the House who wish to ensure that we get acceptance of the plan.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Counties like Roscommon introduced restrictions and we have no need for by-laws based on scientific evidence.