Denis Naughten (Roscommon-Galway, Independent)
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323. To ask the Minister for Agriculture, Food and the Marine the reason that the 38 activities requiring consent on designated lands have been included in the terms and conditions of the new CAP; if he will outline the consultation held with farmer representatives prior to its inclusion; if a request for inclusion came from the Department of Housing, Local Government and Heritage; if so, the impact that the inclusion of this condition will have on the payment of compensation through the Department of Housing, Local Government and Heritage; and if he will make a statement on the matter. [45308/22]

Charlie McConalogue (Donegal, Fianna Fail)
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It is incorrect to suggest that there is a change in the requirements relating to Activities Requiring Consent (ARCs) and Notifiable Actions (NAs) under the new CAP.

Both of these matters are currently part of Cross Compliance, which requires compliance with the requirements of the Birds and Habitat Directives. Indeed, they have been requirements since the inception of Cross Compliance in the early 2000’s.

Under the new CSP Regulation (2115 of 2022) for the 2023-2027 period, these requirements have been continued, under the banner of what is now referred to as 'Conditionality'. They are listed under Statutory Management Requirements (SMRs) 3 and 4 in Annex III of the Regulation. As has been the case with cross compliance, these requirements will have to be satisfied by farmers in order to continue to qualify for the basic payment (or what will be known as the Basic Income Support for Sustainability) from 2023 onwards.

There have been no requests from colleagues in the Department of Housing, Local Government and Heritage to change the approach in relation to the 38 activities requiring consent, and the approach to conditionality under the new CSP - which is framed by a new 'Green Architecture' across Pillars I and II of the CAP - has been the subject of extensive consultation with stakeholders over more than two years.