Aindrias Moynihan (Cork North West, Fianna Fail)
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586. To ask the Minister for Agriculture, Food and the Marine the measures he is taking with concerns brought to him by the farming sector in relation to the over-regulation of this sector, and specifically in relation to the three-crop rule, ash dieback, retaining the derogation, duplications on farm inspections, late ACRES payments and the nature restoration law; the proposals he has put to the European Commission on the need to reduce the regulatory burden on farmers; and if he will make a statement on the matter. [29749/24]

Charlie McConalogue (Donegal, Fianna Fail)
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I am very much aware of the burden of regulation on farmers and the need to keep this regulatory framework as simple as possible is something I have advocated for continually at the council of Agricultural and Fisheries Ministers in Europe.

The pace of regulatory change in the European Union over the past few years has been extraordinary. European support schemes for farmers are there to support farm incomes and any transition to more sustainable farming systems that may be necessary. The payments that flow from these schemes are of vital importance to farmers.

I am therefore also very cognisant of the State's obligations to comply with the law, and the potential implications for farm payments of failure to meet these obligations. Against that background, my Department's objective is to meet its legal obligations while minimising the burden on farmers.

For example, my Department minimises the number of farm visits by stacking inspections where possible and by liaising with Local Authorities to ensure that duplication is avoided.

In addition, due to the very wet winter and spring periods, I have taken the decision to apply force majeure in relation to the GAEC 7 crop diversification requirement for 2024. This will ease the burden on farmers who were faced with a very difficult situation in trying to meet the crop diversification requirements as part of GAEC 7 (two/three-crop rule).

In July 2023, my Department launched the Reconstitution Scheme for Ash Dieback under the new Forestry Programme 2023-27. This operates pursuant to the Agricultural Block Exemption Regulation (ABER), which declares specific categories of aid compatible with EU State aid rules. This simplified process allows Member States to provide aid quickly and in a transparent manner.

This scheme contains a number of enhanced features, including a doubling of the site clearance grant rate, enhanced replanting grant rates and the inclusion of a top up premium for those in receipt of farmer rate of premium. I understand that Minister Hackett will be bringing further proposals to Government shortly.

Our current Nitrates Derogation runs until the end of 2025. The Irish Government is absolutely committed to applying for an extension to the Derogation post-2025. That process will commence formally in the coming months. As part of that process, the Government will make the best case possible to retain the maximum stocking rates under a derogation post-2025.

The launch of the National Fertiliser Database has reduced the administrative burden for those availing of the Nitrates Derogation. They can now apply for the derogation without the need to submit fertiliser accounts to the Department in the subsequent year.

Following adoption of the Nature Restoration Law (NRL) by the European Council, I have reiterated my assurance to farmers that all nature restoration measures will be voluntary.

This Government, and I through my position on the AgriFish Council, secured additional flexibilities in the legal text of the NRL to both support farmers and to recognise our specific Irish circumstances. As a result of this intervention, the targets for restoration and rewetting of drained organic soils have been reduced from the original proposal. This means the total area for restoration now targets 50% of such area by 2050, rather than 70% as originally proposed, with a third to be rewetted, rather than a half. In addition, other flexibilities have been secured including an emergency break provision to suspend implementation in agriculture in the event of circumstances with severe consequences on food security.

The Government is clear that all restoration measures will be voluntary and is committed to ensuring that nature restoration provides additional income streams for landowners and brings benefits to rural economies. Any restoration measures that landowners choose to participate in will be incentivised and resourced.

The Commission has confirmed that any restoration measures will not negatively impact any existing CAP commitment, or any other scheme or incentive delivered by my Department.

At National level, The Department of Housing, Local Government and Heritage are leading Ireland's negotiating position on the Nature Restoration Law. My Department will continuing to engage with them as necessary.

Regarding the Agri-Climate Rural Environment Scheme (ACRES), while advance payments totalling €88.4 million were made, between December and February 2024, to almost 20,000 participants, it was not possible, due to it being the first year of implementing a new innovative scheme, to issue advance payments to just under 46,000 participants in 2023 as planned.

In response to concerns about the timeliness of ACRES payments, I acted decisively earlier this year in a very practical way through the issuing of nationally-funded interim payments of €4,000 to ACRES General participants and €5,000 to ACRES Co-operation participants who had experienced delays in the processing of their advance ACRES payments.

In addition to the payments made since February, a further €25.4 million issued in balancing payments in June 2024. This has brought payments made to end June 2024 to ACRES participants to over €233 million. ACRES balancing payments in respect of 2023 will continue to be made on a fortnightly basis as cases are cleared.

Environmental regulations are there to mitigate climate change, enhance biodiversity, and protect water quality. I accept that the regulatory burden for farmers and others is increasing. This is why we are listening to farmers and engaging with the European Commission to ensure that new regulations are as practical as possible and take into account the views of those who have to implement them.

At the Council of Agriculture and Fisheries Ministers I have supported the Commission’s proposals regarding increased flexibility in application of the GAECs in order to better respond to the challenges farmers are facing. While meeting their objectives, Member States need to have flexibility regarding how GAECs are implemented in order to address their national circumstances. Another issue I have raised is for the Commission to provide clearer guidance to Member States on flexibility in other areas included force majeure and how to manage simple unintentional errors made by farmers.

I consider that we need to keep a focus on simplification and I have called on the Commission and all Member States to commit ourselves to the goal of simplification as an ongoing and overarching objective and to ensure ongoing consultation with farmers as we do this.