Nitrates Derogation: Statements
Seanad Éireann — 2026-01-28
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Pauline Tully (SF), Cultural and Educational Panel

I wish the Minister a good afternoon. I welcome the opportunity to contribute to the discussion on the nitrates derogation. First and foremost, it is important to acknowledge and welcome the granting of the derogation. For farmers operating within it, the decision provides a degree of certainty at a time when there is already enormous pressure on farms and farm families. That certainly matters. It allows farmers time to plan, to invest and to make decisions with some confidence about the future of their farms and their livelihoods.
However, while the derogation has been granted for a three-year period, the reality is that the clock is already ticking and those three years will pass quickly. It is vital that Government action, or inaction, does not become a stumbling block for farmers who are trying to comply with the new and more stringent conditions that come with this derogation. If we are serious about supporting farmers to meet these requirements, the necessary supports must be put in place immediately. A key example of this is investment in infrastructure. There needs to be increased and targeted funding under TAMS for slurry storage and soiled water storage. Farmers cannot be expected to comply with higher standards without the practical and financial supports to do so. Delays in approvals, insufficient grant aid or caps that do not reflect real construction costs will undermine the very objectives we are trying to achieve.
Another issue that is causing significant concern on the ground is the lack of clarity on how the habitats directive will interact with the nitrates derogation. This uncertainty is deeply unsettling for farmers. We have seen commentary, including from ICOS, expressing serious concern about whether compliance with the habitats directive could prevent some farmers from accessing the derogation altogether. This is not a minor issue. Farmers need clear answers. They need to know whether land designated under the habitats directive will affect eligibility for the derogation and, if so, how. At present, we simply do not know if every farmer who was in derogation last year will be able to avail of it again this year. This uncertainty is unfair. It is unacceptable. Clarity must be provided urgently. Farmers should not be left in limbo, trying to make long-term decisions without knowing whether the rules are going to shift beneath their feet. The Department must engage clearly, transparently and directly with farmers and farm organisations on this issue.
We must also be honest about what the next three years represent. This period is critical. If we want to retain a nitrates derogation beyond 2028, now is the time, with strong Government support, for farmers to put in the work required to ensure that water quality improves. Farmers are willing to play their part but they cannot do it alone. This means real partnership. It means practical measures that work on the ground, not just additional red tape. It means recognising the diversity of farming systems across the country and avoiding a one-size-fits-all approach. At the same time, the Government must be upfront about the future. If it becomes clear that a derogation post 2028 is not achievable, work on an alternative plan must begin well in advance. Farmers deserve honesty and foresight, not last-minute crises.
I welcome the derogation and the certainty it brings in the short term, but certainty alone is not enough. We need adequate funding, clear guidance, in particular on the habitats directive, and a genuine commitment from the Government to support farmers over the next three years. If we get this right we can protect water quality while also protecting family farms, but if we get it wrong we risk losing both.

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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