Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 42: To ask the Minister for Agriculture and Food the steps she is taking to secure a derogation for Irish farmers from the nitrates directive; and if she will make a statement on the matter. [14246/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. In October last Ireland submitted an action programme to the European Commission for further implementation of the nitrates directive. In December the Commission conveyed its view that the action programme was not complete and did not comply with the requirements of the directive or the judgment of the European Court of Justice against Ireland delivered in March 2004.

Subsequently my Department worked closely with the Department of the Environment, Heritage and Local Government on the preparation of an initial response to the Commission. This response was sent on 20 April and I understand a revised action programme, on which my Department has been consulted, will be sent to the Commission shortly.

Ireland submitted proposals for a derogation in November 2004 in parallel with the action programme. The proposals are designed to allow farmers to operate, under appropriate conditions and controls, up to a level of 250 kg of organic nitrogen per hectare. Developed by my Department and Teagasc in consultation with the Department of the Environment, Heritage and Local Government, the proposals set out a scientific justification for the higher operating levels based on the specific characteristics of Irish agriculture. While the Commission has stated it will not consider the application for a derogation until the action programme is agreed and in place, I am hopeful for a favourable outcome. My objective is and has been to minimise the burden of compliance which must be placed on farmers in implementing the nitrates directive and safeguard the future of commercial farming.

Denis Naughten (Longford-Roscommon, Fine Gael)
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With regard to the proposals submitted to Brussels, the nitrates directive is to be implemented as and from 1 January next. Is the Minister confident a derogation will be in place by 1 January? What will be the implications if a derogation is not in place by that date? Is she aware it could take 12 months to introduce a derogation given the procedures involved? What steps have she and her colleague, the Minister for the Environment, Heritage and Local Government, taken to ensure all the scientific evidence required will be made available?

What steps have been taken to comply with the water framework directive given that the derogation will be framed as part of this directive rather than the nitrates directive? Has a complete and accurate assessment been done on the quality of our ground water given that the review of the derogation in four years will be based on improvements achieved in our ground water?

Mary Coughlan (Donegal South West, Fianna Fail)
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As it is not within my competence to carry out an assessment of ground water, I suggest the Deputy table a question to the Minister for the Environment, Heritage and Local Government on the matter.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Farmers will carry the can.

Mary Coughlan (Donegal South West, Fianna Fail)
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I agree. We are cognisant of the water framework directive as is reflected in our work on the nitrates directive which takes into consideration the implications of the framework directive. It would be preferable to deal with both directives simultaneously rather than revisiting them at a later date.

With regard to the derogation I am confident and hopeful that we will achieve a favourable outcome. As the Deputy is aware, however, the Commission has decided it will not negotiate on the issue until the nitrates action plan has been progressed. I hope we will be able to address that issue quickly. The Deputy is correct it is an important issue which has major implications for intensive farming enterprises. I am anxious that we pursue the matter vigorously. We must also be cognisant of the implications of the nitrates action plan. The evidence has been compiled by Teagasc and the Departments of the Environment, Heritage and Local Government and Agriculture and Food, in consultation with the county councils, on the scientific basis for requesting a derogation of 250 kilogrammes.

Denis Naughten (Longford-Roscommon, Fine Gael)
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The derogation will involve a complex nutrient management system for those farmers who will have to put it in place. Would it not have been easier to seek a derogation had we started to implement the nitrates action plan already? What are the implications of the 1 January implementation date if we do not have a derogation in place from 1 January 2006?

Mary Coughlan (Donegal South West, Fianna Fail)
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We must be positive on the basis that a derogation is tremendously important to the farming community and there will be serious issues if we are not in a position to secure it. The Commission is not happy with the way things have been done and it wants a nitrates action plan agreed that should be rolled out as quickly as possible. I cannot pre-empt the view of the Commission on the derogation but it is acutely aware, as is the Minister for the Environment, Heritage and Local Government, of its huge importance.

I am confident we will be able to work within the timeframe that has been set down in legislation. The nitrates action plan will not be in place instantly on 1 January next year because we require a lead-in period to deal with the issues that are part of the plan. On the basis of the work that has been done in the Department, we are aware of the implications and have prepared a substantial scientific proposal on the derogation. We will be working vigorously on that once the discussions with the Commission on the nitrates action plan have been completed.