The Irish Farmers' Association - IFA

Lobbying Organisation The Irish Farmers' Association - IFA

Date published 19 Jan, 2024

Relevant Matter Legislation

Public Policy Area Agriculture

Period 1 Sep, 2023 to 31 Dec, 2023

Specific Details Nitrates Derogation & EU Commissioner Sinkevicius Visit to Ireland

Intended results To protest at the Department of Agriculture, Food, and the Marine's intention to provide the Commission with the details of farmers who the department intends to apply the 220kg limit by September 30th. There are significant concerns about the legal basis for this and the manner in which the interim review was conducted. To request that the Department desists from applying the 220kg limit pending full consideration of the points set out below. 1. Article 12 (1) of the Commission Decision clearly specifies that trends between 2021 and 2022 shall be compared. However, it is clear from the EPA Report (section 4.4) and correspondence received from the EPA that, in determining the eutrophication status of catchments on the monitoring framework, two three-year periods as opposed to the required two one-year periods were used by the EPA. This has recently been affirmed in subsequent correspondence received by IFA from the EPA. Therefore, the requirements of the Commission Decision (and in particular Article 12(1) thereof) and Part 7 of S.I. 393 of 2022 have not been complied with. Accordingly, the data set used by the EPA is not in accordance with the data set prescribed by Article 12(1) of the Commission Decision and Part 7 of S.I and Part 7 of S.I. 393 of 2022. 2. Article 12 (3) of the Commission Decision states “As from 1 January 2024, in areas draining into polluted or at-risk-of-pollution waters (emphases added) or presenting worsening trends, additional measures shall be applied under the Nitrates Action Programme. For farms that have been granted an authorisation pursuant to this Decision and located in such areas, the amount of manure that may be applied to the land shall not exceed 220kg nitrogen/ha per year'. It is clear from the EPA Report that the EPA has, in respect of an estuary where the waters fail to meet the criteria specified in Article 12(1), outlined that the entire catchment which drains into that estuary is subject to the 220kg rate. This is despite the fact, that some sub-catchments may not have failed to meet the criteria specified in Article 12(1) of the Commission decision. To highlight that it is incumbent upon the EPA and the Minister for Agriculture, Food, and the Marine to conduct the Interim Review in accordance with the requirements of the Commission Decision and Part 7 of S.I. 393 of 2022, and in a manner which is rational, reasonable, and adheres to the requirements of fair procedures and the principles of natural and constitutional justice. To highlight how , the EPA's report is materially non-compliant with the Commission Decision and S.I 393 of 2022. Consequently, its conclusion is irrational and unreasonable. Unless and until these issues with the EPA's report and its conclusions are addressed it would be entirely inappropriate and premature for the Minister to take any steps on foot of or in reliance upon the EPA Report or its conclusions. To highlight how the outcome of the interim review and any steps taken on foot of that review will have adverse consequences for very many farmers. It will result in individual farmers incurring very significant financial losses. To emphasise how vital it is that we secure at least a postponement to the imposition of a lower limit on the nitrates derogation. - IFA is strongly of the view that retaining our derogation limit at 250kgN/ha for the whole country for the remainder of the current Nitrates Action Programme is the correct course of action as reducing the organic stocking rate from 250kgN/ha to 220kgN/ha in certain areas will have little or no benefit to water quality but will, and has already, disrupted the entire agricultural sector. To highlight that the current Commission proposal to reduce the maximum stocking density limit from 250kgN/ha to 220kgN/ha on January 1st is not compatible with best practice at farm level. - The mid-term review provided for a decision on what stocking rate would be applicable in 2024 by September 30th, 2023. Dairy farmers had already put their cows and heifers in calf in the first half of 2023 and these animals are due to calve in early 2024. To demonstrate that, in Ireland cows are outdoors for most of the year and it is not practical to move their manure to parts of the country with lower stocking rates to avoid reducing cow numbers as suggested by the Commissioner at our last meeting. - Unlike many other EU countries where cows are indoors all year round, Irish farmers are not collecting the vast majority of slurry produced on their farm so it cannot be transported - The Commissioner proposed the movement of slurry as a potential solution again last week. The Commissioner was also reported as saying that he does not want to see farmers having to reduce cows to comply with the new limit. In reality, the only way this can be avoided in the short-term is by deleting, or at minimum postponing, the imposition of the new limit. To focus on the fact that there is a real danger that individual farmers who would be subject to a lower limit will be forced into considering the slaughter of pregnant animals. To stress that this is completely unacceptable and is placing significant mental strain on dairy farmers who are currently facing this highly objectionable dilemma. This also poses a significant reputational risk for the sector. To highlight that it is imperative that a postponement of the planned reduction to 220kg N/ha until at least 1st January 2025 is secured, to allow farmers adequate time to adjust their stocking rates and avoid the unnecessary slaughter of pregnant animals.

Name of person primarily responsible for lobbying on this activity Tim Cullinan IFA President, Brian Rushe IFA Deputy President, Damian McDonald IFA Director General, Tadhg Buckley IFA Director of Policy & Chief Economist, Liam MacHale IFA Director of European Affairs, Stephen Arthur IFA Dairy Chair, Jim O'Connor IFA Roscommon Environment Chair, Tom O'Connor IFA Kildare Co. Chair, Pat Walshe IFA Offaly Co. Chair, William Dolan IFA Regional Executive, Noel Keyes IFA Offaly Farm Business Chair,

Did any Designated Public Official(DPO) or former Designated Public Official(DPO) carry out lobbying activities on your behalf in relation to this return? You must include yourself, and answer Yes, if you are a current DPO or a DPO at any time in the past. (What is a Designated Public Official?) No

Did you manage or direct a grassroots campaign? No

Was this lobbying done on behalf of a client? No

Lobbying activity

The following activities occurred for this specific Subject Matter Area.

Letter (2-5)

Social Media (6-10)

Meeting (6-10)

Email (6-10)

Phone call (11-20)

Informal communication (21-30)

Meeting (2-5)

Designated public officials lobbied

The following DPOs were lobbied during this return period on this specific Subject Matter Area. These DPOs were involved in at least one of the Lobbying Activities listed above, but not necessarily all of them. As returns are specific to a Subject Matter Area the above Lobbying Activities may be associated with multiple returns.

Amii McKeever Adviser to Minister (Department of Agriculture, Food and the Marine)

Barry Andrews MEP (European Parliament)

Bill Callanan Chief Inspector (Department of Agriculture, Food and the Marine)

Billy Kelleher MEP (European Parliament)

Brian Leddin TD (Dáil Éireann, the Oireachtas)

Charlie McConalogue Minister (Department of Agriculture, Food and the Marine)

Chris MacManus MEP (European Parliament)

Ciarán Cuffe MEP (European Parliament)

Claire Kerrane TD (Dáil Éireann, the Oireachtas)

Clare Daly MEP (European Parliament)

Colm Markey MEP (European Parliament)

Darran Brennan Special Adviser (Department of Agriculture, Food and the Marine)

Deirdre Clune MEP (European Parliament)

Denis O'Donovan Senator (Seanad)

Erin McGreehan Senator (Seanad)

Eugene Murphy Senator (Seanad)

Frances Fitzgerald MEP (European Parliament)

Grace O'Sullivan MEP (European Parliament)

Helen McEntee Minister (Department of Justice and Equality)

Jackie Cahill TD (Dáil Éireann, the Oireachtas)

Joe Flaherty TD (Dáil Éireann, the Oireachtas)

Johnny Mythen TD (Dáil Éireann, the Oireachtas)

Leo Varadkar Taoiseach (Department of the Taoiseach)

Louise Byrne Deputy Chief Inspector (Department of Agriculture, Food and the Marine)

Luke Ming Flanagan MEP (European Parliament)

Lynn Boylan Senator (Seanad)

Maria Walsh MEP (European Parliament)

Martin Heydon Minister of State (Department of Agriculture, Food and the Marine)

Michael Collins TD (Dáil Éireann, the Oireachtas)

Michael Fitzmaurice TD (Dáil Éireann, the Oireachtas)

Michael Ring TD (Dáil Éireann, the Oireachtas)

Mick Wallace MEP (European Parliament)

Patrick Donohoe Special Adviser (Department of Agriculture, Food and the Marine)

Paul Daly Senator (Seanad)

Paul Kehoe TD (Dáil Éireann, the Oireachtas)

Philip O'Callaghan Special Adviser (Department of the Taoiseach)

Sean Kelly MEP (European Parliament)

Simon Coveney Minister (Department of Enterprise, Trade and Employment)

Tim Lombard Senator (Seanad)

Victor Boyhan Senator (Seanad)

John Callinan Secretary General (Department of the Taoiseach)

Brendan Gleeson Secretary General (Department of Agriculture, Food and the Marine)

Leo Varadkar Taoiseach (Department of the Taoiseach)