Dáil Éireann Debate, Tuesday - 21 November 2023
285. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage his views on the impact of the nitrates derogation on water quality, and whether continuing the derogation is compatible with reaching the target of 100% good or higher water quality in all water bodies by 2027; and if he will make a statement on the matter. [50237/23]
View answerOverall, 53% of surface waters in Ireland are in good or high ecological status while the remaining 47% are in unsatisfactory ecological status. The principal cause of the decline in Ireland’s water quality is agriculture, with hydromorphology (physical impacts on water bodies such as barriers and drainage), forestry and wastewater impacting on water quality to a lesser extent.
Ireland’s Nitrates Action Programme (NAP), through the European Union (Good Agricultural Practice for Protection of Waters) Regulations (S.I. 113 of 2022), as amended, gives effect to the requirements of the Nitrates Directive and relevant parts of the Water Framework Directive. The purpose of the Regulations is to prevent pollution of surface waters and groundwater from agricultural sources and to protect and improve water quality.
The Fifth Nitrates Action Programme (NAP) was published in March 2022 and committed to undertaking an interim review of the programme in 2023. It is considered to be the strongest programme to-date. In April 2022, the Commission granted a derogation, allowing farmers authorised by Department of Agriculture, Food and the Marine (DAFM), to exceed the 170 kg N/ha/yr organic manure limit up to a maximum limit of 250 kg N/ha/yr, as stipulated in the Commission Implementing Decision on the Nitrates Derogation. There are approximately 7,300 derogation farmers in Ireland and this accounts for approximately 5% of all farmers. Derogation farmers are required to adhere to stricter environmental and water quality rules and conditions. In addition, there are requirements for DAFM to inspect 10% of all derogation farms per year. Therefore, from a water quality perspective, it is important that where the derogation facility is availed of, strict adherence to the derogation rules and conditions is maintained.
Ireland's current NAP and derogation expires in December 2025; however, the Commission Implementing Decision outlined that a water quality interim review must be undertaken to identify areas where a reduction in the derogation maximum limit should apply from 2024. Based on the specified water quality criteria set out by the Commission, the Environmental Protection Agency (EPA) undertook the review and identified that the organic manure limit must be reduced to 220 kg N/ha in 44,000km2 of agricultural land. The Commission Decision also stipulated that additional measures to protect water quality should be implemented in these areas where the derogation reduction applies. Informed by the EPA assessment, DAFM has developed a derogation reduction implementation map outlining where the reductions will apply from 1 January 2024.
The Nitrates Expert Group has developed a list of recommended additional measures as part of both the broader interim review of the Fifth Nitrates Action Programme, and the review identifying where the derogation reduction is required. Broadly, these recommended measures focus on improving awareness and education, improving compliance and enforcement, and reducing nutrient surpluses and losses. The proposed additional interim review measures will be subject to public consultation in the coming weeks.
Agricultural inspections and enforcement are key to ensuring compliance and achieving good water quality. I have allocated funding for 21 local authority agricultural inspectors in 2023, and I plan to allocate further funding in 2024 for additional inspectors. I have also allocated funding for five staff within the Environmental Protection Agency to provide oversight and co-ordination of the local authority National Agricultural Inspection Programme.
The Third River Basin Management Plan will be finalised and published shortly. While the Nitrates Action Programme and the Good Agricultural Practice Regulations, are key measures under the River Basin Management Plan, the plan acknowledges that regulatory measures alone will not achieve all water quality objectives. Additional measures are required to target the right measure in the right place. My department funds the Local Authority Waters Programme who undertake assessments in Areas for Action to identify what is causing the impact on water quality. If agricultural issues are identified the Agricultural Sustainability Support and Advisory Programme follow up with farmers to identify solutions to mitigate against impact. In conjunction with DAFM, we have established a European Innovation Programme called the Waters EIP to provide targeted advice and financial support for farmers implementing measures that are supplementary to the regulations.
