Trevor Sargent (Dublin North, Green Party)
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Question 68: To ask the Minister for Agriculture and Food if her attention has been drawn to the fact that digestate from anaerobic digestion may be spread on land under certain conditions but that a statutory instrument here still prevents spreading of digestate; and if she will consider the case being put by farmers such as a person (details supplied) in County Waterford who wrote to her Department on this matter in early January 2005. [7053/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Council Regulation (EC) 1774/2002 sets out the provisions relating to the disposal of all animal by-products including the digestate produced through anaerobic digestion in approved biogas plants. Under this regulation digestate, which may include animal by-products from such plants, may not be spread on pastureland.

In addition, however, Ireland has adopted national controls to counteract the spread of BSE. The need to prevent the spread of this disease has been of central importance to Ireland since its discovery here in 1989. Over the years as scientific knowledge has progressed, a sequence of measures was introduced in the EU to combat the spread of BSE. These measures are aimed principally at ensuring the safety of the consumers of beef and at preventing the exposure of cattle to the infective BSE agent through feed. Ireland has adopted control measures in advance of other member states and, in some cases, has adopted more stringent controls than elsewhere in the European Union. One of the controls in place and laid down in S I 551 of 2002 prohibits, in effect, the spreading on land of digestate from a biogas plant where the feed stock used in that plant had any animal by-product in it containing animal protein.

The robust approach we have taken has been successful in having Ireland's BSE controls validated within the European Union and by countries outside of the Union, thereby protecting valuable export outlets for our agricultural production on which we are uniquely dependant. In addition, the fall in the numbers of BSE cases in recent years and the increasing age profile of the cases detected is concrete proof of the effectiveness of the control measures in place.

However, in view of the declining rate of BSE cases here, I have asked my officials to review the need to maintain specific control measures in the disposal of certain animal by-products, including those that may be included in digestate from biogas plants.

Trevor Sargent (Dublin North, Green Party)
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I welcome the Minister's response, particularly as she is prepared to consider the current situation rather than dwelling on an historic situation which may not be as relevant as it was. I appreciate her precautionary approach. Naturally, we do not want to be reckless or in any way put at risk the important status we hold.

To follow on neatly from Deputy Crawford's question, if there is to be a prohibition on the inclusion or acceptance of certain material for anaerobic digestion, what other plans are in place? Is it satisfactory that we would continue to stockpile? Will the Minister announce the outcome of whatever review she is undertaking given that producers have invested in plant and machinery for anaerobic digestion?

All things being equal, it is a beneficial win-win situation in that it creates energy and material which is nutritious in terms of land spread being of an even consistency — more so than the raw material — and disposes of what otherwise would be a waste product. Will the Minister state when she plans to have an outcome of the review so we can reduce waste and benefit from other technology?

Mary Coughlan (Donegal South West, Fianna Fail)
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This also arises in the context of the directive under discussion. One of the concerns that has been brought to our attention by pig and poultry and producers, for example, is that they will not have adequate lands available to spread slurry. Therefore, on that basis, the Minister of State, Deputy Browne, and the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, considered the issue of energy crops and biofuels. The issue of anaerobic digestate is annexed to this. In my constituency, the farm relief service proposes to introduce an anaerobic digester.

The Department of the Environment, Heritage and Local Government drafted the national biodegradable strategy. However, to progress and transfer from landfill to anaerobic digestion would require the amendment of statutory instruments. On the basis of present consultations, the changes with regard to BSE and the issue of dealing with the nitrates directive are at the top of the agenda for consideration. Changes will be made as quickly as possible.

It is new technology for us but old for others. On the basis of an attitudinal change in this country, opportunities arise in regard to this new technology. It is being advanced with other technologies to deal with what is perceived as a waste product but, as Deputy Sargent rightly suggests, which can be used. I hope an attitudinal change will also take place in the planning process, although I note Deputy Upton is rightly throwing her eyes to heaven.

Trevor Sargent (Dublin North, Green Party)
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Does the Minister accept that the land spreading of digestate is much easier than spreading the raw material as it does not have an odour problem? Has the Minister visited any of the anaerobic digestion plants, as I have, including one not far from the home area of the Minister of State, Deputy Browne? Farmers are using this. While the Department may not be familiar with it, many farmers take it as an integral part of their overall operation. A number of farmers are feeding raw material into one anaerobic digester I know of. They benefit greatly from easier spreading as well as creating a waste product which contains energy.

Mary Coughlan (Donegal South West, Fianna Fail)
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I have not had the opportunity to visit such a plant. The Deputy is correct to state that odour is reduced because the digestate is dry. Much work has been completed on the technologies involved. However, one of the difficulties is the not in my back yard syndrome. People do not want this type of facility in their vicinity. However, among the farming fraternity, producers are coming together to deal with this issue. For example, the poultry sector in County Monaghan provided facilities to deal with the effluent issue there. The Deputy is correct that this is the way forward. How far we progress will depend on the result of education on its benefits.

Trevor Sargent (Dublin North, Green Party)
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The Minister can expect an invitation.

Mary Coughlan (Donegal South West, Fianna Fail)
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Will the Deputy take me somewhere nicer?

Trevor Sargent (Dublin North, Green Party)
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The Minister will love it.