Dáil debates

Tuesday, 21 November 2023

Saincheisteanna Tráthúla - Topical Issue Debate

Nitrates Usage

10:30 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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Will the Minister of State do everything possible to defer the new nitrates derogation regime which is reducing from 250 kg N/ha to 220 kg N/ha? I am asking that it at least be paused or deferred for a period of time. As the Minister of State would know, coming as he does from a country area, farmers get their cows and heifers in calf by July at the latest so that they will be calving from January onwards, through February and March, to meet the new season and catch the first grass that grows, and it was no different this year. Farmers had all of their cows and heifers in calf by the end of July at the latest, and then in September they were told this new regime would be coming into place from 1 January 2024. We can see the predicament many farmers are in now. There is no market at present for in-calf cows or heifers to be milked in the coming year because most farmers have their quota filled and their culled cows sold. They have the amount of cows they need so no one will be buying the extra cows or heifers, so there is only one place farmers can go with them. To keep the same amount of cows, farmers would have to buy or rent more land and that is just not possible for most of them. The only option they have is to send their heavily in-calf cows or heifers to the factory for slaughter. That is not a good thing to be asking farmers to do. It was never done in farming practices previously. Farmers never did that. They never sold in-calf cows that were close to calving or sent an in-calf heifer to the factory. That was never done here and I am asking the Minister of State to pull out all the stops to ensure it does not happen.

Farmers are against the change to the derogation but it seems to be copper-fastened at this stage. The European Commissioner with responsibility for the environment is coming over here on Thursday and I ask the Government to pull out all of the stops and ensure this issue is explained to him. This is cruelty. It is inhumane to do this to cows and heifers that are heavily in calf. I am being contacted by farmers around Killarney, in Kerry, Cork, Tipperary and Limerick who cannot believe they are in this predicament. The Minister of State is from a country place and I appreciate his presence here to listen to my story because I know he will take it forward. I appeal to him to drive the point home to the Taoiseach, who is meeting the Commissioner on Thursday, and whoever else is meeting him. I ask that every effort be made to ensure there is a pause or a deferral so that farmers have a proper and fair chance to comply with the new regulations. When the change was announced in September, it was too late then because the cows and heifers were already in calf.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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I thank the Deputy for raising this very important issue, which is timely in advance of the Commissioner's visit this week. The Government recognises the importance of maintaining Ireland's nitrates derogation and is committed to seeking to maintain it into the longer term. However, to do this, we must all act together to improve water quality. Our current derogation includes a requirement for a two-year water quality review. The European Commission's implementing decision, which is the formal legal instrument awarding Ireland’s derogation, states that the maximum derogation stocking rate must reduce to 220 kg N/ha from 1 January 2024 in areas that did not pass the review. In March of this year, the Minister for agriculture, Deputy McConalogue, engaged with the Commission to revisit the conditionality around the two-year water quality review. In June the Environmental Protection Agency, EPA, reported the outcome of the review. Its report identified a significant area of the country that had failed at least one of the four criteria prescribed by the Commission.

In August, as part of the Minister for agriculture's ongoing engagement, he wrote to Commissioner Sinkevičius seeking more time to establish the impact of measures recently introduced under the nitrates action programme before there would be any reduction in the maximum derogation stocking rate. In early September, the Minister met Commissioner Sinkevičius when it became very clear there will be no reopening of the Commission's implementing decision. However, the Commissioner outlined there was scope to make some minor adjustments to the outcome arising from the water quality review based on scientifically justified parameters. Following that interpretation process, the final implementation map showing the areas that must move to the lower maximum derogation stocking rate was published on 3 October. The Minister, Deputy McConalogue, is continuing to engage with the Commission on the implementing decision, including in relation to recent reports suggesting that there may be a prospect of delaying implementation.

I know Deputy Healy-Rae will agree it is critically important that farmers have clarity on this matter, and that will be the focus of Commissioner Sinkevičius’ visit this Thursday.

The Minister, Deputy McConalogue, will use this opportunity to emphasise the critical importance of Irish agriculture retaining its nitrates derogation from 2026 onwards. As the engagement continues, however, it is prudent that we continue to prepare for the move to the lower maximum stocking rate. That is why the Department of Agriculture, Food and the Marine published the implementation map in early October, categorised all land in the country and has since commenced the process of writing to the farmers most likely to be directly impacted by the reduction in the derogation stocking rate limit.

I will speak directly to the specific concerns raised by the Deputy. It is important to clarify that the move to 220 kg does not mean that on 1 January next year an impacted farm must be at or below 220 kg of livestock manure nitrogen per hectare. As is normal practice, compliance with the new maximum allowance will be assessed on a calendar year basis after year-end. Obviously, in order to ensure farmers are compliant overall by the end of 2024, it would be beneficial if action were taken early to ensure an orderly transition to the new derogation regime.

I will address another point raised by the Deputy. To reduce the pressure to move young calves off-farm, the Minister has asked Teagasc to establish a separate nutrient excretion rate for young calves, rather than the current situation, where they are considered in the overall bovine category from zero to 12 months. Teagasc has also been asked to investigate the impact of reducing the maximum crude protein content of concentrates fed to dairy cows at grass. This may justify a reduction in the dairy cow’s nutrient excretion rate due to the lower crude protein intake. Furthermore, the Minister has asked Teagasc to review the calculation of the nutrient content of cattle slurry.

The Government strongly encourages all impacted farmers to engage with an accredited agricultural adviser to seek their best option or combination of options available to allow them to adjust to the new limit. I will bring back the points raised by the Deputy to the Minister, Deputy McConalogue, ahead of his meeting on Thursday with Commissioner Sinkevičius.

10:40 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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I thank the Minister of State. It is unfortunate that, even as we speak, many farmers will go out of business in the next few years because their young fellas are not taking up dairy farming. They find it too difficult and the hours too long. The vilification of farmers and the cow is stopping young fellas from going into it. There is no encouragement. They feel like they are blamed for the rain, the heat and everything else. No other industry or anything else is tackled in the same way as the poor farmer and the cow farmers. There is no comeback on lads up in aeroplanes or whatever but the farmer is an easy target.

Many farmers are going to go out of business. I was asked to say that the latest nitrates action programme has not been in place long enough to demonstrate we were gaining and improving. How many waterways have been damaged by local authorities or Irish Water? In the Lough Leane catchment area, where farmers are now being targeted by this, several treatment plants are not compliant and there are none at all in places like Scartaglin and Curra. It is very unfortunate that the finger is being pointed clearly at the farmer.

The Minister's leader gave out to me for raising the issue of culling cows or suggesting that he would want to have cows culled. That is what is happening. I raised it more than two years ago. The only way out for farmers now is to cull cows. He has to admit that either he did not know what was happening or he knew but did not want to tell us. That is not fair on farmers, however. Farmers who got their cows in calf last July now have no option other than to send heifers that are heavily in calf into the factory. I am appealing to the Minister of State. I am relying on him to get people around the table in order that they can see this is wrong. It is cruelty to animals.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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I absolutely agree with the Deputy regarding the vilification of farmers. It is wrong. If we are to have a proper debate on climate change, which is real and happening and will be very real for every person, then vilifying one sector will not allow that. It is wrong and I agree with the Deputy that everybody has to shoulder the burden here.

The Minister, Deputy McConalogue, deals daily with the issues raised by the Deputy. Earlier this year, he established the agriculture water quality working group, which involves key stakeholders from across the agrifood sector. The group has several aims, including to improve awareness of the impact individual actions can have on water quality, to improve farmer compliance with existing rules and to consider what new measures should be introduced to drive improvements in water quality.

The Government continues to support improvement in overall water quality through a number of other measures, including the extension and expansion of the agricultural sustainability support and advisory programme; measures under the eco-scheme and ACRES to reduce nutrient losses and further limit chemical nitrogen use as part of the CAP strategic plan; a water quality European innovation partnership launched by the Minister, Deputy McConalogue, this year, with a value of €60 million over the next five years; accelerated capital allowances for farmers investing in manure storage; and proposed changes to TAMS grant aid for farmers investing in manure storage.

The Minister is engaging directly with the Commission on the implementing decision. We all agree it is essential that we and farmers have absolute clarity on recent reports on the possibility of delaying implementation. That matter will be the focus of Commissioner Sinkevičius' visit this week and the Minister will be stressing to him directly the critical importance of retaining the nitrates derogation after 2026.

I will highlight some of the wonderful projects being developed by farmers that were on display during the National Ploughing Championships. These are on-farm solutions to reducing emissions that are being supported through Enterprise Ireland from my Department. Everybody working together can assist on this. The Deputy can rest assured the meeting with Commission Sinkevičius on Thursday will have this issue at its heart and the Minister, Deputy McConalogue, will be bringing directly to him the message the Deputy has passed on this evening.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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Small farmers are going to be affected more than anyone else. Their work is-----

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Deputy, I have been more than lenient. I let both sides go considerably over time.

Cuireadh an Dáil ar athló ar 10.18 p.m. go dtí 9.10 a.m., Dé Céadaoin, an 22 Samhain 2023.

The Dáil adjourned at 10.18 p.m. until 9.10 a.m. on Wednesday, 22 November 2023.