Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Ceann Comhairle for selecting this important matter for debate. I am relieved to have the opportunity to raise the matter with the Minister following months of back and forth with his office and with officials from his Department. Unfortunately, I have got nowhere.

The Department of Agriculture, Food and the Marine is failing farmers with learning disabilities and literacy problems who wish to be registered as professional users under the sustainable use of pesticides directive by way of statutory instrument SI 155 of 2012. I have been contacted by a farmer within my constituency who has been told that he cannot avail of the highest accredited course under one of the bodies which the Department has tasked with providing the appropriate training because he suffers from severe dyslexia. The farmer was informed by representatives of the training body that he would not be able to participate in the course as he was not capable of reading the instructions on the labels on the back of the pesticide canister. This farmer assures me that he is just one of many others who feel marginalised and discriminated against as a result of the Minister's inability to address this issue appropriately.

I wrote to the Minister regarding the matter in early September and received the following reply, "As part of the quality assurance accreditation of every provider by the awarding bodies, QQI and City & Guilds in this case, there is an undertaking to make skills/competency-based courses, such as those required by DAFM for the registration of professional users, accessible to all." This should include people suffering like my client.

In fairness to the Minister, he did say he had been in contact with three providers who indicated that the necessary supports would be put in place following consultation and agreement with the individual concerned. However, the providers cited in his response are not the preference of the farmer who wishes to participate in a top accredited City & Guilds course under Kearney Training & Consultancy. Why should he not be given the opportunity to participate in the best course available? Why can he not be facilitated? Students with similar learning disabilities are facilitated with audio facilities when taking their State examinations. Why can the instructions on the pesticide canisters not be provided in audio form? This would get this man over the hill.

The Minister, Deputy Coveney, referred me to an official within his Department with the purpose of ensuring that participation would be facilitated for this farmer. There was no urgency in dealing with my queries and, as we speak, we are two days out from the deadline of 26 November and I am no better off than when I started. This man and many others have met roadblock after roadblock in their attempts to gain top accreditation, and this is as a result of having learning disabilities or literacy difficulties. Why should this man, and many others in the same situation, have to settle for a lesser qualification? This is a man who has been farming for his whole life and has more than 45 years' experience of working with pesticides and associated dispensers. He probably has more knowledge in this area of agriculture than the so-called experts who have deemed him ineligible to take part in this course and gain a full qualification.

There are only four days left to look at this man's situation. He came to me at the cow mart a couple of months ago and told me he suffered from dyslexia. He cannot read the canisters at the moment so he cannot take this course because of the rules and regulations. If we can provide audio facilities for students, why can we not do the same for a man who makes his living in this way? It is his business, and his income will be severely hit unless he can get accreditation. Will the Minister look at the case of this individual and give him time to get accreditation because we are close to the deadline?

Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank Deputy Aylward for raising this case. The individual concerned was not mentioned in the question. I did not realise the Deputy's question was specific to one person but we may look at his particular case.

The sustainable use of pesticides directive establishes a framework for community action to achieve the sustainable use of pesticides. It aims to fill the current legislative gap regarding the use phase of pesticides at EU level through setting minimum rules for the use of pesticides in the community to reduce risks to human health and the environment. It also promotes the use of integrated pest management.

Implementation of the sustainable use of pesticides directive relies heavily on the training of the various people involved at all levels of the industry, including pesticide advisers, pesticide distributors, professional users and inspectors of pesticide application equipment. A new programme to test all pesticide application equipment is also being put in place. Bearing in mind the potentially toxic nature of pesticides, the need for appropriate training must be viewed in the context of protecting both human health and the environment and, in particular, maintaining the high quality of our water. The risk associated with the use of pesticides is related to the properties of the product itself and not to either the quantity used or the frequency of use.

As part of the quality assurance accreditation of every provider by the various awarding bodies, there is an undertaking to make skills-based courses, such as those required by the Department of Agriculture, Food and the Marine for the registration of professional users, accessible to all. The Department has worked with a wide variety of service providers, including Teagasc, City & Guilds and FETAC, to ensure participants who have completed relevant pesticide application courses will meet the requirements for professional user training. In addition, an individual who has completed a pesticide application module equivalent to one of the Department's recognised qualifications as part of their certificate in agriculture or other award is not required to undertake any further training to register as a professional user. A list of training providers for professional pesticides users is available on the Department's website.

All plant protection products are classified as either professional or non-professional. Labels indicate to which category a product belongs and the status of a product may be checked on the Department's website. Non-professional or amateur plant protection products can continue to be used in the home or garden situation and are approved for such purposes. There are no restrictions on the use of such products and there is no requirement for such users to be trained or registered with the Department of Agriculture, Food and the Marine. These products are most likely to be found in the local garden centre, DIY store or supermarket.

It should be emphasised that 26 November 2015 is simply the official start date for the new regulations. The sustainable use of pesticides directive requires all professional users, namely, anybody who applies or sprays products authorised for professional use, to be trained and registered as a professional user with the Department by 26 November, regardless of the quantity or method of application. Therefore, only registered professional users can spray professional use products after this date and there is an obligation on an individual to be appropriately trained as a professional user and registered with the Department before he or she may apply or spray professional plant protection products in order to be compliant with the provisions of the sustainable use directive. In practice, however, only those individuals who intend to apply plant protection products authorised for professional use immediately after 26 November will be required to have completed their training and registration. The vast majority of individuals who will not apply plant protection products until the spring or summer of 2016 will have some further time to be trained and registered. However, they must meet this requirement before they apply or spray professional plant protection products.

Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for his reply. While I may have referred to one individual in my constituency, I have been informed by the individual in question that several other people are affected by the issue I raise.

As a farmer, I accept the pesticide directive. It is good policy as it is appropriate that people know how to handle spraying devices. The response of the Department on this issue has been inadequate, however. The farmer who raised this matter with me has many years' experience spraying pesticides and does a significant amount of contract work dispensing slug pellets over the winter months. As a result of the lack of urgency displayed by departmental officials, he is likely to be penalised for engaging in this type of work when the deadline passes on Thursday next. Is the business of the man in question being placed at risk because he has dyslexia? I am not asking questions about the scheme, which is perfectly in order. As a farmer, I accept it and I know that either I or my son will have to complete the course if either of us wishes to use pesticide sprays in future. The person who raised this matter with me suffers from a disability, namely, dyslexia. Why will the Department not facilitate him by affording him the same rights as are afforded to everyone else?

The Minister of State's reply was fine in so far as it related to the pesticides directive. I am asking about an individual who cannot obtain the accreditation on which his business depends and who will lose money this year if he is penalised or prevented from making a living from spraying pesticides. I ask the Department to address this issue, rather than the implementation of the scheme. The issue is one of access for the individual in question and others who are in the same position.

Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I acknowledge that the Deputy has accepted the need for the directive. We all agree that it is important because there has been too much misuse of pesticides and people have concerns about cancer and so forth. The regulation has been introduced for that reason and requires people to be trained in the use of pesticides. The directions printed on spray cans are a specific issue. Users need to know how much of a product needs to be added to water before a solution can be sprayed on plants.

I will speak to the relevant officials about this and similar cases. The Deputy may wish to come to the Department to discuss the issue, which we want to solve. No one is placing obstacles in anyone's way and none of us wants to take away a man's job. There are many spraying businesses. We should be able to facilitate the individual in question within the terms of the directive. I am amenable to arranging a meeting to discuss this issue with some of those involved. No one wants to close down a business. That is not our role. I would welcome a meeting with the Deputy, perhaps later this week, to try to find a solution.

Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I have been trying to arrange a meeting with departmental officials for three months and I have got nowhere.

Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I spoke to the relevant officials while preparing for this discussion. They are not trying to put anyone out of business. They want to implement the directive because pesticide sprays are dangerous.