Michael McNamara (Clare, Independent)
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83. To ask the Minister for Agriculture, Food and the Marine if he will outline any changes in regulations or requirements with regard to the stacking of silage bales, in particular, with regard to how many rows high they are permitted to be stacked; the penalties that apply in respect of a failure to adhere with same; what leeway will be provided to farmers who have to stack bales three-rows high due to space constraints; and if he will make a statement on the matter. [25218/23]

Charlie McConalogue (Donegal, Fianna Fail)
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The storage and stacking of silage bales are regulated under the Good Agricultural Practice for Protection of Waters Regulations, otherwise known as the ‘GAP Regulations’. These Regulations provide legal effect in Ireland to the Nitrates Directive and to our Nitrates Action Programme (NAP).

The purpose of the GAP Regulations is to provide measures that ensure the protection of waters, including drinking water sources, against pollution caused by nitrogen and phosphorus from agricultural sources.

This also includes measures for safeguarding against possible harmful impacts of effluent loss that could arise from the storing of baled silage on farms.

Introduced under the fifth NAP and given legal effect in the GAP Regulations (S.I. No.113 of 2022, as amended by S.I. No. 726 of 2022), from this year, in the absence of adequate facilities for the collection and storage of any effluent that may arise, all farmers are required to store silage bales no more than two bales high.

Space constraints should not be limiting as there is scope to stack bales up to two high, in the absence of effluent collection facilities, once stored greater than 20m from surface water or a drinking water abstraction point, as also required under the GAP Regulations.

If farmers receive a Conditionality or a Nitrates Derogation inspection, conducted by officials from my Department, and they are found to be non-compliant with the GAP Regulations with regard to stacking and storage of silage bales, the farmer can incur a sanction on their Direct Payments.

These sanctions are determined on the basis of the extent, severity and permanence of the non-compliance identified. As a general rule a 3% sanction will apply but this may be reduced to 1% or increased up to 10% and will be determined based on the non-compliance's impact regarding the objectives of the GAP Regulations. Tolerance may be considered where the risk to the objective is low. More serious breaches may be dealt with as intent. Cases of non-compliance will be dealt with on a case by case basis.

In addition, as the Department of Housing, Local Government and Heritage is the lead authority responsible for the GAP Regulations, authorised personnel within the Local Authorities may also carry out inspections on farms. Where non-compliance is detected they can cross report the incident to my Department.

Everyone, including the Deputy, wants to protect and enhance our water quality. It is the bedrock of everything we do as an industry and it is critical to our biodiversity.