Ireland may not have a nitrates derogation after 2025, according to Minister for Agriculture, Food and the Marine, Charlie McConalogue.
He was speaking in the Seanad this week in response to questions posed by Co. Clare senator, Timmy Dooley.
Under nitrates legislation the legal stocking rate is 170kg organic nitrogen/ha and the derogation allows some farmers to exceed this, to a maximum limit of 250kg.
Senator Dooley referred to the potential changes to this legislation which could see a reduction in the derogation from 250kg of organic nitrogen to 220kg in some areas.
Senator Dooley said: “Any changes to the derogation that currently exists will have a very significant impact on [farmers’] livelihoods.
“The average farms in Clare are small by comparison to other parts of the country. But they are intensive, and every perch of ground is utilised to the benefit and the profitability of the enterprise.
“This intensive approach has made these farms viable, let’s be honest about it. It has allowed them to have full-time jobs on the farm and create employment for others,” he added.
The senator explained to Minister McConalogue that the banding approach which was introduced has already had a serious impact on stocking rates, and that a reduction in the derogation would “undoubtedly require farmers to reduce cow numbers further, with a knock-on effect on the viability”.
Senator Dooley said that an interim review will only be based on comparing water quality between 2021 and 2022, which he claimed is flawed, because some of the measures coming into place in 2022 and 2023 will not have a chance to improve water quality.
“So the prospect of reducing the maximum stocking density to 220kg is already having a knock-on effect and consequences on all farming sectors, because it is increasing the demand for land and it’s leading to significant increases in land prices,” he added.
Nitrates derogation
In response to Senator Dooley’s questioning, Minister McConalogue said: “I absolutely acknowledge the concern is there among many farmers, particularly those who are more highly stocked.
“And there’s a particular concern here among farmers which are maybe small or medium in size in terms of the impact that any change from 250 to 220 would have on them.
“We had to agree to the mid-term review, and also agreed to the fact that 250 could be reduced to 220 in certain catchments, if water quality was not improving.”
The minister said he is preparing a case for the European Commission to see if it will grant further flexibility around time in order to show improvements in water quality.
“There is no guarantee whatsoever that there will be any change in that. In fact, as it stands, the situation is that it could drop to 220kg in certain catchments, if water trends do not improve,” he continued.
“However, farmers are, as you say, taking steps to improve water quality. I’m aware of the challenge, from an economic viability point of view, this could pose to some farmers.”
The minister stressed that improving water quality is an absolute must.
“If we were to continue to have a nitrates derogation post-2025, which as you can see from the situation laid out in relation to how we may, by 2025, be the only member state that has a derogation at that stage, becomes an increasingly challenging situation,” he added.
“[It is] certainly not something we can take, by any means, as a given, and something we will have to actually prove the case for and get other member states’ consent then, that we would be able to maintain that derogation post-2025,” the minister concluded.