Heydon will 'leave no stone unturned' to secure nitrates derogation

Minister for Agriculture, Food and the Marine, Martin Heydon
Minister for Agriculture, Food and the Marine, Martin Heydon

Minister for Agriculture, Food and the Marine Martin Heydon has promised to "leave no stone unturned" when it comes to securing Ireland's nitrates derogation.

The minister told Agriland he remains "resolute" in his determination to deliver on the derogation, which is due to expire at the end of 2025.

The comments come as the European Commission has told Ireland it “must demonstrate compliance” with the Habitats Directive when granting farmers a nitrates derogation.

"This crystallised in June when the commission wrote to us and outlined quite clearly that they needed us to take regard of the Habitats Directive as well as the water quality in any new application," Minster Heydon said.

Since then, the minister and his officials in the Department of Agriculture, Food and the Marine (DAFM) have developed an "outline approach", which has secured government approval.

The details were also presented to the Agricultural Water Quality Group meeting yesterday, while engagement with "all key stakeholders" is taking place.

The nitrates derogation allows certain Irish farmers to exceed the standard limit of 170kg of livestock manure nitrogen per hectare, up to a maximum of 250kg, while adhering to stricter environmental rules.

Minister Heydon explained that the proposal is to take a catchments approach to the Habitats Directive under the nitrates derogation.

This means that Appropriate Assessments would be carried out by experts in 46 catchment areas prior to a derogation being granted.

"It's my proposal that we would do that within the department of agriculture, that the exchequer would fund that.

"It is a big undertaking, there is no doubt, but I will have to find the resources, there is a very strong case for doing it," he said.

The minister acknowledged that "time is extremely tight and what we're taking on is very onerous".

He said there is "no doubt" that part of his "ask" of the EU Commission would be for additional time and flexibility which would allow Ireland "to operate with a derogation while we carry out this process".

"What we would be talking about would not be in place at the end of the year and would not be able to be delivered on that quickly. There would be recognition of that, that this is a very significant change," he said.

The minister said believes that Ireland has a "a very strong case" to make to the EU Commission to retain the nitrates derogation given the unique nature of our pasture based system.

He added that farmers are continuing to make "very good progress on improving water quality" through investment, supported by his department.

"We need to get the commission into a position where they are confident and happy that it is justifiable legally to support an application for another derogation for Ireland.

"If they don't back us, we don't get on the pitch in terms of a proposal and then we don't have a derogation at the end of this year.

"It is really important to state the derogation we have without any action falls on December 31 this year," he said.

Minister Heydon said that Ireland will need to inform the commission in writing of its approach this month before a decision is made on whether detailed negotiations and engagement take place in the second half of this year.

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Minister Heydon acknowledged the "concern and upset" caused to farmers by what feels like "a very significant change".

"I would hope farmers take confidence from the swiftness of my actions within a few weeks of being written to and this being a very significant change in approach here.

"I've a plan in place, the broad outline of a plan, to get us into those negotiations with the commission that we can satisfy them with an approach that is practical, that's transparent [and] while challenging is manageable, is equitable, but is robust.

"This needs to be robust - this intervention - to any future legal challenges it may get. That's my plan, that's my approach and I'll leave no stone unturned this year in trying to deliver this," he said.

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