Heydon: 'Whatever we do on nitrates will be legally challenged'
Minister for Agriculture, Food and the Marine Martin Heydon has warned that legal challenges will be almost a certainty against Ireland's future Nitrates Action Programme (NAP) - and the nitrates derogation, if we retain it.
The minister told a meeting of farmers today (Friday, September 12) that, for that reason, any changes the government makes to the next NAP will have to be "legally robust".
The minister was speaking at an event in Ennis, Co. Clare, this morning on the future of farming in the county, although all the issues raised were relevant to farmers all over the country.
Although Co. Clare is not considered a dairy farming stronghold, the issue of the NAP and the nitrates derogation generated a good bit of discussion.
Responding to criticism from farmer representatives over the "moving of goalposts" at an EU level on the derogation - with the Habitats Directive specifically mentioned - the minister didn't mince words in addressing the issue.
"We need to get real here, the derogation is an exemption to a European-wide rule that is controlled by the [European] Commission. It is their game, on their pitch, and we’re looking for a special exception," the minister said.
He added that that execption is being sought "for a very good reason, our pasture based system is different than anywhere else in Europe".
"By and large we have good water quality by European standards. The efforts farmers have made in water quality in recent years [is] the only reason we’re still on the pitch."
Without a nitrates derogation in place, all farmers in Ireland will be restricted to a stocking level of 170kg of organic nitrogen (N) per hectare.
Minister Heydon warned: "It's not that we're just accepting it. They have the ability to drop us to 170 on January 1 next year."
He added: "Whatever we do on nitrates will be legally challenged, we know that. There are legal challenges already with our current Nitrates Actions Programme.
"What we do has to be legally robust as well. And we'll do that.
"We are looking at the most innovative ways of doing this that has the least impact on our farmers and allows us to continue improving water quality, to continue to farm at that level," the minister said.
The meeting today has been organised by Clare Fine Gael TD Joe Cooney, in partnership with with local farm organisation branches.
The conference is being held at the Hotel Woodstock in Ennis.
Clare branches of the Irish Farmers' Association (IFA), the Irish Creamery Milk Suppliers' Association (ICMSA); the Irish Cattle and Sheep Farmers' Association (ICSA); and Macra were involved in organising the event.
Minister Heydon spoke on a panel that also included general secretary of the ICMSA John Enright; Munster regional chair of the IFA Conor O’Leary; ICSA general secretary Hugh Farrell; and national president of Macra Josephine O’Neill.
