Measures proposed under the interim review of the Nitrates Action Programme (NAP) will have to be subject to a public consultation before they can officially take effect, according to Minister for Housing, Local Government and Heritage Darragh O’Brien.

The minister was responding to a recent parliamentary question from independent TD for Galway West Catherine Connolly.

However, the minister did not indicate when the consultation would begin, only indicating that he expects the proposed new measures, as part of the review of the NAP, to be finalised during the summer.

It is understood that the measures that will be subject to public comment will be a change to how nitrogen (N) excretion rates for cows and calves are calculated, among other changes.

Minister for Agriculture, Food and the Marine Charlie McConalogue confirmed at the end of February that he had proposed adjustments to the way N excretion rates are determined.

Minister McConalogue said at the time: “I intend to bring these adjustments into the review of the fifth NAP which will be subject to Appropriate Assessment (AA).”

In his answer to Connolly, Minister O’Brien (whose department oversees the administration of the NAP) said that, apart from an AA, other assessment measures will have to be taken, including a public consultation.

He said: “My department, in close collaboration with the Department of Agriculture, Food and the Marine, and with the Nitrates Expert Group, have undertaken an interim review of the fifth NAP and have developed a suite of proposed additional measures.

“All proposed measures were screened to determine if an AA and Strategic Environmental Assessment (SEA) must be undertaken.

“This screening assessment of the draft measures identified that both assessments are legally required,” Minister O’Brien said.

According to the minister, the following steps are required before the changes under the review can be signed off on:

  • Drafting of both a Natura Impact Assessment (NIS) under the Habitats Directive, and an SEA;
  • Submission of draft NIS for an AA determination by the Ecological Assessment Unit (EAU) of the National Parks and Wildlife Service (NPWS);
  • After that, 30-day public consultation on the proposed measures, the draft NIS, and the SEA will be undertaken;
  • Consultation responses will be collated and used to inform the final measures.

“Once completed, I will be in a position to finalise the measures and sign the amended GAP (Good Agricultural Practice) regulations. This is likely to be in the summer, subject to no delays in the above timeline,” Minister O’Brien said.