Pádraic McCormack (Galway West, Fine Gael)
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Question 105: To ask the Minister for the Environment, Heritage and Local Government if he is prepared to take on revised advice from Teagasc relating to the nitrates regulations; if he will allow such revised advice to alter the regulations; and if he will make a statement on the matter. [5795/06]

Dick Roche (Wicklow, Fianna Fail)
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The need for the regulations arises from the 1991 EU nitrates directive which imposes specific obligations on all member states to protect waters against pollution from agricultural sources. As Deputies are aware, a 2004 judgment of the European Court of Justice held Ireland to be in breach of the directive by failing to implement a nitrates action plan. As a result of this judgment we are open to the risk of daily fines. The new arrangements for the single farm payment are also linked to the implementation of the nitrates action plan. I am sure Deputy McCormack would not wish to place this payment in jeopardy.

In Ireland some 72% of all phosphorus and 83% of all nitrate inputs to waters are attributable to agriculture. It is essential that we address the known environmental problems affecting surface and groundwater quality. This is important to every household which depends on groundwater, in particular, for domestic or farm supply. It is also right, of itself, to take control of a problem we have had for many years.

The regulations provide for fertilisation standards for nitrogen and phosphorus consistent with the environmental standards set by the nitrates directive. These are also in line with good agricultural practice and the agronomic requirements of crops as set out by Teagasc. The application of fertilisers in excess of crop needs is economically wasteful and environmentally damaging.

Subsequent to the making of the regulations, Teagasc indicated it may be possible to review part of its advice on crop nutrient requirements in a way which could improve the effectiveness of the regulations. My Department secured agreement with the European Commission that there is merit in allowing time for this additional advice to be elaborated. To this end, I announced a brief de facto deferral of Part 3 of the regulations. My colleague, the Minister for Agriculture and Food, and I jointly made it clear that if revised phosphate tables were brought forward and supported by robust underlying science, I would make a case to the European Commission for revising the current limits. Any new formulation will need to respect environmental requirements and meet the requirements of the directive.

Regarding nitrogen standards, in agreement with farming representatives and in accordance with the Government's commitment under Sustaining Progress, Ireland is pursuing a derogation from 170 kg to 250 kg organic nitrogen per hectare with the Commission. The derogation is of vital interest in particular to 10,000 dairy farmers. Achievement of the derogation is crucial and nothing should be done to jeopardise the derogation negotiations. Any action that delays or impedes progress on the derogation would do a huge disservice to dairy farmers.

Teagasc has not been specifically requested to review its advice on nitrogen issues. However, to the extent that its revised submission on crop nutrient requirements suggests further beneficial adjustments to the regulatory regime, these will of course be considered. The possibility of such further adjustments will also depend on their respecting the environmental requirements involved and on their acceptance by the European Commission.

Pádraic McCormack (Galway West, Fine Gael)
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I thank the Minister for that extensive information, most of which I did not ask for. Given that the Minister and his officials are on record as stating that they would receive revised advice from Teagasc and that last week the Teagasc representative advised the Oireachtas Joint Committee on Environment and Local Government that it was prepared to review the nitrates table if asked to do so, has the Minister asked it for this advice or will he do so? If he asks for such advice, will he give a guarantee to the House to take it on board? Will we see changes to elements of the directive which relate to both phosphorus and nitrates?

Dick Roche (Wicklow, Fianna Fail)
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I have not yet received advice or proposals from Teagasc for amendments of the regulations. Any advice received by Teagasc would be carefully considered by me and by the Minister for Agriculture and Food. I cannot give any commitments regarding advice which has not yet been formulated or received.

Pádraic McCormack (Galway West, Fine Gael)
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Has the Minister asked for it?

Dick Roche (Wicklow, Fianna Fail)
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I understand there was a proposal or suggestion that Teagasc might be willing to provide some additional information. As I stated in the reply, anything that is supported by robust science will be examined. However, it must be supported by robust science as otherwise we would be deluding ourselves and doing a grave disservice to Irish agriculture.

Pádraic McCormack (Galway West, Fine Gael)
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What progress has the Minister made in securing a derogation above the 170 kg level? When will this be secured? What is the Minister doing to address all aspects of water pollution, not just those applying to farmers but especially to local authorities? Has the Minister sought advice on discharges from washing machines using washing powders? Has he met washing powder manufacturers to ascertain what can be done to avoid or eliminate the pollution caused by washing machines that feed into septic tanks, which is not the place for such outflows?

Dick Roche (Wicklow, Fianna Fail)
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I refer the Deputy to my earlier answer. Some 72% of all phosphorus and 83% of all nitrate inputs into water in Ireland come from agriculture. There is no point in slithering around the place and trying to avoid those facts.

Pádraic McCormack (Galway West, Fine Gael)
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Farmers also have washing machines.

Dick Roche (Wicklow, Fianna Fail)
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I agree with the Deputy that the derogation is the most important point. The derogation deals with the nitrates side of the issue and is the most critical issue. The Commission has agreed to allow me to continue with the negotiations on the derogation. The regulations needed to be signed on Sunday, 11 December, which I did, in order that the following day we could go to the nitrates committee, which is made up of representatives of all member states. That was the only way we could open the derogation negotiations. The Deputy asked when these would be concluded. They will not be concluded until a fully operative nitrates regulation is in place. If Teagasc produces robust scientific input, I will take it to Brussels. However, it will need to be based on robust science to avoid the confusion we have had in recent times. In the derogation negotiations we will need to have very fair and unequivocal material.

Pádraic McCormack (Galway West, Fine Gael)
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Does the Minister disagree with the advice he has received from Teagasc?