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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Nitrates derogation and water quality

Summary

Paul Gogarty warns that agricultural nitrogen and phosphorus pollution threatens water quality, tourism, health and rural jobs, arguing environmental costs must be included in assessing farm sustainability. The Taoiseach supports extending the nitrates derogation while promising stronger water-quality and habitats measures, defending Ireland’s pasture-based farming system and food security.

I like a bit of banter.

The EPA's 2025 water quality report highlights that agricultural pressures, particularly from nitrogen and phosphorous - I will focus on nitrogen - from livestock manure, fertilisers, etc., remain the dominant threat to our rivers, lakes and especially our estuaries. The nitrates directive has been talked about for many years and Ireland's derogation is central to the findings in this and previous reports because stricter limits are now absolutely required to protect our water quality. This 2025 report shows that while some improvements have been made in specific areas, the excess nutrients continue to degrade our water quality.

These elevated nitrogen levels are particularly evident in the south and south east. That is no surprise as it is where the most intensive dairy farming is concentrated. These regions that are most affected by the nitrates derogation allow certain farms to exceed the standard limit of 170 kg of nitrogen per hectare. Under EU rules, the derogation farms in these sensitive catchments must now reduce their stocking rates from 250 kg to 220 kg, which is a recognition by the EU that we have to come down because we were not making any progress.

The report stresses that 44,000 sq. km of land has been identified as requiring additional measures to meet the EU water quality standards. The European Commission has also expanded its criteria for Ireland's derogation renewal, demanding not only progress on water quality but also conservation of designated habitats and species, which underscores how the nitrates directive and other environmental obligations such as the habitats directive are interconnected. Our whole environment is interconnected. It is not possible to put excrement on land at a certain quantity without it having an impact on the quality of the lives of all our citizens, especially young children who are most affected by nitrates.

The expansion of dairy farming is linked to the nutrient surpluses. If our dairy industry is not sustainable, we need to focus on lower intensity, organic quality produce for export. We are now the only EU country still seeking a derogation. Denmark, for example, has an intensive agricultural system but does not have a derogation. Therefore, we need to continue to reduce our nitrates or we will lose any flexibility we had and face tougher EU sanctions. We have the nitrates action programme but it is not enough. The consultation period ends on 1 December. Is the Government seriously considering getting rid of our derogation?

Comment on this

The Government is seeking an extension of the nitrates derogation. It is a critical element of the economic sustainability of many farmers, many family farms and the broader rural economy. However, we have established a water quality Cabinet subcommittee. There will be a new nitrates action plan and a new plan on habitats and so forth. We are different from other countries in Europe. Our farm system is unique in being a pasture-based outdoor system, with cows based outside 240 days per year on average. That is in contrast with other EU countries that have an intensive indoor system, with cattle not being outdoors very often.

It is a priority of the Government to secure a nitrates derogation but to do so in a way that will enable Ireland to meet its obligations on water quality. Farming has improved significantly and a lot of new measures have been adopted by the farming community in respect of climate change more generally and in terms of water quality. Many farmers do a lot of work in terms of assessment and measuring. I have been on farms and in catchment areas where water quality is measured every ten minutes. Many people operating under the derogation have more sophisticated systems in place to try to monitor their water quality.

Ireland is strong in food production and we need to move in a direction that brings people with us but also enables us to comply with the various water quality frameworks and directives and to do so in a way that maintains a sustainable food production system, and dairy system in particular. I have discussed this with the President of the European Commission, Ursula von der Leyen. The EU Commissioner for the environment, Jessika Roswall, visited Ireland on 4 November to witness first hand our grass-based system and the importance of our derogation. The Minister, Deputy Heydon, attended and engaged with the Commissioner. There has been a lot of stakeholder engagement with the Government and Departments in respect of this. Farmers are doing a lot to reduce agriculture's impact on water quality and will be doing more. They will have to do more in that regard.

We are looking at a more detailed programme to enable all this to happen. This work is continuing. There is continuing engagement between the Government, the European Union and the Commission about this issue-----

Comment on this
Verona Murphy An Ceann Comhairle Independent

Thank you, Taoiseach.

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-----and we know it has to be in compliance with the habitats directive in addition to meeting the objective of the water framework directive.

Comment on this

It is not really possible to talk about economic sustainability without environmental sustainability because the true cost of doing that business is not being taken into consideration. It is also about the impact on our tourism offering and jobs for people in rural areas and our viability as an industrial location in terms of our water quality. Many other factors are involved. Our healthcare system is also affected and the cost of our healthcare system is affected when our rivers are not at optimal quality. The Government can wheel in as many senior officials from the European Commission as it likes to witness first hand our outdoor grass-based system but in reality the system is not working. We are just kicking the can down the road. Are we hanging on a bit like climate change to see whether Europe will water things down? I note that at the last EU nitrates committee meeting member states voted to approve the use of processed manure above excess nitrogen limits. We should be showing leadership. We can be sustainable, profitable and show leadership.

Comment on this

We are showing leadership. Our dairy and beef production system is probably one of the more carbon efficient systems in Europe and the world. That is the other side of the coin.

I am not saying the Deputy is saying this but essentially the import of what he is saying would be to shut down our farming, dairy production and food production system. That would allow less carbon-efficient systems to fill the gap. I do not believe that is logical either. We should not dismiss - I am not saying the Deputy is doing this, to be fair - the fact that food security is becoming an issue because of climate. I accept the point about complementarity, that there is balance in all of this. To the Deputy's fundamental point, I accept that environmental sustainability is important, and is not separate from economic sustainability, but we are endeavouring to create a pathway to environmental sustainability in the context of food production that reflects economic sustainability as an imperative as well.

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