Martin Mansergh (Fianna Fail)

I welcome the Minister of State, Deputy Brendan Smith. The previous matter related to a lack of clean water and this matter has a lot to do with the excess of soiled water.

I have been involved in the family farm for 37 years, first with my father and brother and subsequently with just my brother. A number of inspections have taken place in connection with various schemes, in addition to TB and brucellosis tests. Not only do I not have any complaint against the way in which those various tests were conducted, or against departmental officials, I would go so far as to praise the smooth interaction that took place. As far as I know, the same is true of my father's experience for the 30 years previous to that. Anything I have to say does not have any personal reference.

One of the advantages of the introduction of the single farm payment was that it would lead to a reduction in the level of bureaucracy, form filling, etc. We hope that will be the case. There have been some difficulties in negotiating the precise, correct format for introducing the nitrates directive but, happily, an agreed solution was eventually arrived at by the interested parties. We are now implementing that, unfortunately, against a background of fairly exceptional weather conditions which have resulted in there being a good deal more water than usual flowing into various tanks.

Some cases may have occurred but, as much as anything else, certain fears exist about the implementation of the directive. A letter that appeared in the Irish Examiner referred to unannounced farm inspections being carried out where inspectors arrive with a checklist of 1,450 items. For all I know, a Dublin Bus driver has a rule book containing 1,450 rules and one can wonder how he or she is ever able to set out with the bus. The experience of the vast majority of farmers is that inspectors operate pragmatically. Of course they are on the look-out for breaches of environmental standards. I accept the Department has the difficulty of dealing with the EU Commission at its back, which gets very concerned because reports emerge in other countries about abuse of schemes etc. which generate bad publicity.

In many ways, the NCT test provides a good model because it encourages compliance among car owners. If faults are found, one is given an opportunity to correct them and to return for a limited inspection of those points. If a significant number of faults have been identified, one may have to undergo the complete process again. Most farmers operate within fairly limited income margins and they are not easily able to accommodate large fines. If a fault is found, people should be given an opportunity to correct them and, in the case of a more fundamental infringement being identified, it may be possible to withhold a portion of a payment until the situation is resolved, rather than drastically docking farmers' incomes in a way they can ill afford.

The specific problem in hand relates to the interpretation of the regulations at a time when slurry tanks are overflowing due to weather conditions. One can well ask what is soiled water and what is slurry. Some farmers are under extreme pressure to address the problem of slurry tanks that have reached full capacity. Intelligent pragmatism is required. Investment may be required for the improvement of facilities. The Department operates generous schemes which I accept cannot always be carried out overnight. Regard must also be had to the basic economics of the operation.

I raise this issue because of acute pressures on farmers as a result of current weather conditions. Pragmatism is required in applying the rules and regulations to allow farmers reasonably conform with environmental best practice. The Department, where necessary, must allow a little margin and not be so afraid of those sitting at their desks in the Berlaymont building.