Barry Cowen (Laois-Offaly, Fianna Fail)
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The EU Commission first proposed the nature restoration law in June 2022. What was proposed then is a far different animal than that which was voted through the EU Parliament earlier this week. Notwithstanding the bona fides and goodwill of an EU-wide programme to increase biodiversity, restore habitats and allow nature to flourish, it could not, should not and will not be at the expense of Ireland's agriculture and food-producing sector. There was genuine fear and concern when it was first published. The reference to reducing the use of peaty soils, for example, would, of course, have heightened such fear and concern. I said publicly at that time that there was no recognition of the vast difference between soil types and land types here and in the Nordic countries and the likes of the Mediterranean ones. At that time, I said the proposal smelled of European imperialism. Thankfully, though, due in no small measure to engagement by members of my own party, Members of this House, some of our MEPs and during the process of this law weaving its way through the Council of Ministers, leaders and committees, not to mention the likes of the IFA meeting in Tullamore last year, this is a different animal. Many concerns have since been clarified and have rightly been rectified.

I want to use this opportunity to quell some of the scaremongering that still exists by affording the opportunity to the Ministers with responsibility in this area - which crosses two Departments - to clarify matters and state categorically to this House, to me and, by association, to those we represent, the truth of the matter, so people can clearly understand where we are at and where we are going.

Sometime after the first publication of the law, Teagasc rectified its initial correct calculation, confirming the potential of State lands, such as Bord na Móna and Coillte, to meet the State's obligations. Any scheme to promote, encourage or fund nature restoration will be voluntary. Any farm that opts not to participate will not have its single farm payment affected in any way. The funding that is provided towards such a scheme, which will be debated and agreed over the next two years after consultation, includes funding from Ireland's climate and nature fund, as per the budget of last October and from European funds that will be provided also. That funding will be separate and distinct from the CAP funding. Those are my takings from what was passed this week. Those are my takings from the consultation I have had with the Ministers for agriculture, as well as the Minister of State in the Department of housing, Deputy Noonan. They clarified those points to me, as have MEPs. I need it to be stated categorically in this House that that is the fact. Much scaremongering has been done by Members outside of this House. It suits them to give the impression that this is damaging, but it is not damaging at all. I will now allow the Minister of State to have that opportunity.

Jack Chambers (Dublin West, Fianna Fail)
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I thank Deputy Cowen for raising this important matter. The Government broadly supports the ambition of the nature restoration law, NRL, throughout its development and welcomes the vote to approve the regulation in the European Parliament earlier this week. Throughout the debate on these proposals, a key ambition for the Government has been to ensure that they achieve their key nature restoration objectives but allow farmers to continue to farm their land in a sustainable way. The current proposals differ in a number of important respects from those that were originally presented by the Commission and are more balanced and practical.

The Minister, Deputy McConalogue, actively engaged with the Minister, Deputy Darragh O’Brien and the Minister of State, Deputy Noonan, whose Department leads on the file, to ensure that the agreed text addresses the needs of nature and that its provisions can be delivered but, importantly, also recognises the rights of farmers to farm their lands as they see fit and that any additional requirements are voluntary.

While the NRL remains ambitious, several elements have been introduced to ensure its objectives can be achieved while maintaining balance across the three pillars of sustainability, namely, environmental, social and, importantly, economic viability, with farmers at the heart of this. Such balance has been found in the inclusion of an emergency break for unforeseen events in the agricultural sector, flexibility in the delivery of rewetting targets, including the use of former peat extraction sites and an explicitly voluntary approach for landowners.

An assessment of condition under the habitats and birds directives is entirely different from an assessment of good agricultural and environmental conditions. The standards for this are defined under CAP Regulation 2021/2115. Further to this, the CAP regulation ensures that eligible areas are not reduced and remain eligible for direct payments when subject to Union requirements relating to environmental protection.

These elements fully safeguard Irish farmers from any perceived risk to CAP payments. I think that is a really important point and I know the Deputy is keen to see it being addressed. It is the national position that commitments made by farmers on a voluntary basis under the national restoration plan will not limit eligibility for payments under national or EU schemes.

The Government's position is that the State will lead on rewetting using State lands to shoulder the majority of the burden associated with rewetting. Any farmer engagement will be entirely voluntary and appropriately incentivised. Farmers’ very real engagement on biodiversity restoration is evidenced by the large number of farmers accepted into our flagship agri-environment scheme, ACRES, which has 46,000 participants. This scheme is delivering more than 1 million ha, scored last year for nature with payments accordingly to farmers.

We have many other exemplary initiatives being taken by farmers including LIFE and EIP projects. These actions are already supporting our ambitions under the NRL and provide a strong basis for the development of further measures to support the implementation of the national nature restoration plan.

The targets within the NRL are mandatory at member state level, and not for individuals. It is the member state’s obligation to identify the best mechanisms for the implementation of this. The development of Ireland’s nature restoration plan is being co-ordinated by the Department of housing. As previously stated, the Government has indicated that a voluntary approach will be used across sectors to incentivise delivery.

The detail of such will be expanded throughout the development of the plan. The Minister, Deputy McConalogue, will continue to ensure farmers are at the heart of the design of our nature restoration plan and are involved at all stages in the delivery of any targets that are beneficial for nature and society. Farmers can have confidence that no changes will be forced on them and that they can continue to produce the high-quality food that Ireland is renowned for.

It is recognised that many of the habitats which require restoration require active land management to achieve their favourable condition. Farmers will be key actors in delivering this ambition and will be supported appropriately to do so. One of key tasks of the nature restoration planning process will be to identify the design, targets and incentive schemes to deliver restoration measures, including consideration of national and EU funding opportunities and a comprehensive assessment of funding needs. Completion of the nature restoration plan will be aligned with the opening of the Government’s €3 billion climate and nature fund in 2026. This fund will play an important role in resourcing the measures in the nature restoration plan. The Government’s approach to the development of the plan will ensure farming communities can continue to actively farm in a sustainable way while also achieving our targets for nature restoration.

Barry Cowen (Laois-Offaly, Fianna Fail)
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I thank the Minister of State for his response and the clarity associated with it. It is imperative in light of the reaction by some to what was agreed this week that the Government clearly state in this House that any scheme will be voluntary, we can meet our commitment from State lands, anybody who does not participate will not be impacted in respect of their single farm payment, and this funding will be separate from CAP. I note that the funding is in place from the climate fund and nature fund, as was committed to in the budget last year, and that there is a commitment on the part of the EU.

On sustainable farming and initiatives such as this, we need to move away from the metric of income forgone and costs incurred. You get your costs but you have to be rewarded for the initiative you are taking. There is a gain on the part of nature, society and sustainable farming. We can and will, no doubt, retain our status and standing. We are conscious that the move is to sustainability. Investment funds and capital programmes are all geared towards models that are sustainable. For us to retain our status and enhance it, we have to move in that direction. However, we cannot move ahead of the farming community, the farming sector or those who produce the quality of food we have. We have to bring them with us and invest in them. We have to put that investment first, not on a costs incurred metric but on the basis of costs incurred plus a reward mechanism, to show we are capable of acknowledging the investment they are making. They need to be rewarded for it because the gain is many generations down the road.

Jack Chambers (Dublin West, Fianna Fail)
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I reiterate that while we support the ambition, we are fully committed to ensuring farmers will be key actors in the development and delivery of the wider nature restoration plan. The Deputy is correct that we need to have a partnership approach, with Government working with the farming community and the agricultural sector. If we look across Europe at how certain countries have managed this process, it leaves a lot to be desired. The European Commission and the wider European institutions need to make sure everything we do in the context of this challenge is by way of a partnership approach that builds more sustainable models and partners with the farming and agricultural community in doing so. Otherwise we polarise communities and undermine our society, which undermines the wider economy and economic potential.

It is important we give clarity that there are absolute safeguards for Irish farmers from any perceived risks to CAP payments, as the Deputy has mentioned. Balance has to be found, as I said earlier, and there has to be flexibility in the delivery of rewetting targets, including the use of former peat extraction sites. It has to be explicitly voluntary when it comes to landowners. That is why the Government's position is that the State itself will lead on rewetting, using State lands to shoulder the majority of the burden associated with this ambition. Farmers can have confidence that no changes will be forced on them and that they can continue to produce the high-quality food that Ireland is renowned for. We still have a very ambitious policy within the Department of agriculture and the Department of enterprise on an export-led oriented model. We want to work with farmers to make sure the future around that is done in a sustainable way, ensuring Ireland has the competitive edge in European and wider export markets. That is the balance that is being struck in the context of the negotiations for the Minster, Deputy McConalogue. To the Deputy's point, it has to be done via a partnership approach, protecting farm incomes and payments. We will work with all colleagues around that.