Nitrates Derogation: Statements Seanad Éireann — 2026-01-28 ============================================================ Eileen Lynch (FG), Agricultural Panel I thank the Minister for being here with us today to discuss the nitrates derogation, a vital issue for Irish agriculture, rural communities and our shared responsibility to protect water quality. I congratulate him on the job of work done by him and his officials in securing a further three years' derogation. This was no small feat as we are the only remaining member state to have retained a derogation. It was also a show of confidence from the EU Commission in Irish agriculture. I was delighted, as part of a cross-party delegation, to meet Commissioner Roswall when she came to Ireland last November to gain a better understanding of our need for derogation. This position was supported by all parties and none who were present at that meeting, with the exception of the Social Democrats. It must be clearly stated that the nitrates directive and associated derogation govern what maximum stocking rate a farmer is permitted. We are, as I said, the only country in the European Union to retain the derogation because we have a predominantly grass-based production system. Because of this, Irish farmers require a higher stocking rate than, for instance, Spanish farmers, where the climate and soils are very different from what we have here. Our method of livestock farming is not replicated anywhere in Europe. The nitrates derogation recognises this and it is not a free pass or an exemption from environmental responsibility. Rather, it is a recognition that when our farming model is properly supported, it can deliver food production and environmental protection. For thousands of family farms, particularly in the dairy sector, derogation is not an option. It is something that underpins farm viability, land use decisions and long-term planning and its loss would have had massive consequences not just for individual farms but for rural economies, employment and Ireland's position as a sustainable food producer. There is a perception that the loss of derogation would mainly impact big farmers but that is not the case. It is smaller family farms that are most affected by derogation. We have to acknowledge the significant work already undertaken by farmers to improve water quality. It is often overlooked in public debate, amid a media narrative that farmers are anti-climate and anti-environment. Farmers have engaged with nutrient management planning and reduced fertiliser use. They have invested heavily in infrastructure and changed their practices, often at a massive cost. A strong example of what can be achieved through collaboration is the Timoleague catchment project in west Cork. This project has shown how targeted, science-based measures, farmer engagement and local knowledge can deliver real improvements in water quality. There is a lot to learn from Timoleague. Progress takes time and properly resourced advisory services. It also requires a willingness to look beyond agriculture alone when we talk about water quality because agriculture is not the sole pressure on our waters. We have to acknowledge and continue to acknowledge the impact of local authorities and Uisce Éireann on water quality. Wastewater treatment capacity, ageing infrastructure, storm overflows and delays in upgrades all contribute significantly to nutrient loading in rivers, estuaries and coastal waters. In many catchments, agricultural measures are being implemented rigorously while urban wastewater issues persist, and this imbalance undermines confidence and fairness in the system. If we continue to ask farmers to do more, and they are willing to do more, all sectors have to be held to the same standard. Water quality is a shared responsibility and solutions also have to be shared. Water quality is a national asset. Clean drinking water and healthy ecosystems benefit us all. Protecting water requires joined-up thinking, investment and accountability across all responsible bodies. We cannot continue to let farmers take the brunt of the pressure and the blame. I welcome the establishment of the Cabinet subcommittee on water, but we need to see action from it in this regard. As we now enter the 2026 derogation, including the need to demonstrate enhanced compliance with the habitats directive, I want to emphasise the importance of confidence and certainty. The Department of agriculture has given a commitment that the appropriate assessment process will be completed at least one year in advance of the derogation extension expiring, and that no results will be published until all assessments are completed. This is a vital commitment and it has to be honoured in full. Farmers cannot operate in a climate of uncertainty, piecemeal announcements or incomplete data. Publishing partial results would bring unnecessary fear and market disruption and undermine constructive engagement on environmental measures, which is ongoing. Staffing levels within the Department and associated agencies are also a concern. Completing appropriate assessments to the required standard, within the required timeframe, demands sufficiently trained personnel. At the same time, the roll-out of AgriNav to all derogation farmers is a major undertaking. It has the potential to be a powerful tool, helping farmers understand risk, plan improvements and demonstrate compliance, but only if it is properly supported. Under-resourcing either AgriNav or the appropriate assessment could jeopardise both, and it is not acceptable if we are serious about environmental improvements and farm viability. Investment is, of course, also critical. Funding for slurry storage must not be subject to a rank-and-select system. Slurry storage, as the Minister is well aware, is not a luxury but an essential environmental protection measure. Farmers who need storage to comply with regulations and protect water quality must be able to access funding in a timely manner. Delays or exclusions in slurry storage investment undermine what we are trying to achieve here. Above all, we must recognise that confidence in the system is essential. Farmers, as we have seen time and again, will engage, adapt and invest when they believe that the process is working and that it is fair and transparent. Finally, I want to address the issue of generational renewal when it comes to derogation. We speak often in this House about the need to attract young people into farming. However, for those involved in dairy farming in particular, uncertainty about the nitrates derogation is a major deterrent for the next generation. Young farmers are under pressure in terms of access to finance, labour and land and cannot commit to borrowing or land leases if the framework is constantly in question. This derogation provides a pathway for efficient, sustainable farms to remain viable and to pass on from one generation to the next. We need to ensure that this happens because without it we risk accelerating land abandonment, consolidation of land without succession, and regression of rural Ireland. Generational renewal is not just a social issue or a buzzword; it is also an environmental issue. Young farmers, as we have seen, are often the most engaged with new technologies, sustainability tools and best practice. Supporting them means supporting better outcomes for water quality in the long term. This derogation is about recognising Ireland's unique grass-based system, supporting evidence-based environmental protection and ensuring fairness, above all, across all sectors impacting water quality. By learning from projects like Timoleague, holding all actors accountable and honouring commitments on assessments, properly resourcing implementation and maintaining farmer confidence by moving with them, we can continue to improve water quality while sustaining family farms and rural communities. It is essential that we achieve this balance. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-28/debate/main Retrieved: 2026-08-14T04:54:33+00:00 Sitting date: 2026-01-28