Nessa Cosgrove (Labour)

I thank the Minister for taking this Commencement matter this week as it is a matter of urgency. As the Minister knows, farmers are required to sign and submit their basic income support scheme forms by tomorrow, Thursday, 15 May, to be entitled to receive their annual payments from the Department of agriculture. Part of this submission is a declaration that the farmer is compliant with GAEC practices on the farm. Just over a week ago, I met with representatives from the IFA in Sligo, Leitrim and Roscommon.These farmers, all thinkers who take their environmental and legal responsibilities seriously, wanted to draw my attention to the BISS submission date in a last-ditch hope that the Minister might listen to my plea on their behalf.

Most Senators from rural constituencies such as Sligo-Leitrim, which includes parts of south Donegal, will know at this stage that GAEC stands for good agricultural and environmental conditions. GAEC regulations set out minimum environmental standards which must be adhered to. There are nine GAEC standards in total. GAEC 2 is the last to be imposed and relates to the protection of peatlands and wetlands. As only approximately 20% of our landmass is thought to be carbon-rich or mineral soil, GAEC 2 will not affect large swathes of the country, such as eastern counties, where the land is rich and well drained. There is a fear, though, that it will have a disproportionately significant impact on my part of the country. A lot of the things that farmers are being asked to do are things they are totally comfortable with - no problem at all. For instance, ploughing of grasslands to a depth greater than 30 cm is prohibited, but I am told there is no problem with that. Grasslands can be reseeded only once every four years. Again, I understand that is considered standard practice. GAEC 2 allows for the maintenance of existing drains but tightens up on the prohibition of digging new drains without planning permission on peat-rich soil. That is all very well as well, but the farmers I spoke to from the IFA are struggling with two basic issues.

The first of these issues is the definition of what constitutes peaty, carbon-rich and organic soils. This is what I would like the Minister to provide if he can: clarification in plain English as to what constitutes peaty soil. Are we able to agree on a single terminology for these soils? Are they peaty, are they carbon-rich or are they organic? I have heard all three of those terms used interchangeably and, as we all know, the use of multiple phraseologies often leads to confusion and misunderstanding. The current definition on the Department's website is:

A peat soil is defined as organic soil materials which have sedentarily accumulated and have at least 30% ... organic matter over a depth of ... 45 cm on undrained land and 30 cm deep on drained land.

The Minister knows all this; there is no need for me to go into it. However, a couple of questions occur to me. "Dry mass" is the mass of a biological sample once the water has been removed. An ordinary farmer is surely unable to ascertain this himself or herself, and this must be a job for a laboratory that can test a soil sample. Assuming this is correct, have soil samples on all land parcels throughout the State been taken?

The second issue that farmers are concerned about is what portions of a farmer's land are classed as being peaty or carbon-rich. As of 6.15 p.m. yesterday, the Department website advises, "The Department is in the process of writing to farmers subject to the standard." In the process? The deadline for submission of BISS forms is tomorrow. When will the Department complete its process of writing to farmers? If farmers find themselves in the process of deciding whether GAEC 2 applies to their land when the deadline expires, and when they decide it does not, will they get paid?

This leads me on to portions of land. If a farmer believes or learns subsequently that a proportion of their land is mineral or non-peaty soil, can they split their land into portions? This is a bone of contention that has come up a lot. The Department's website indicates that this will be possible "in certain circumstances", but what are those circumstances? Should a farmer disagree with a decision that all or part of their land is classed as peaty, what will the process be for lodging an appeal? They must have clarity. These farmers I have spoken to are not trying to upset the apple cart. They just want clarity. There is nothing more certain to undermine a relationship than uncertainty. Will the Minister grant our farmers the respect they deserve and pause the implementation and enforcement of GAEC 2 for one more year?