Ireland’s nitrates derogation was secured this week, prompting a collective sigh of relief from the 7,000 farmers directly impacted, the wider dairy industry and the farmers who could have been indirectly hit by a drive for more land.

Minister for Agriculture Martin Heydon and his officials will surely sleep easier, having given every ounce of energy to a campaign that encompassed science, farmer buy-in, industry collaboration and political diplomacy.

That 27 member states unanimously voted in favour of Ireland’s request to retain the derogation was a strong endorsement of the multi-pronged strategy.

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The minister paid tribute to the farm organisations and others on the Water Quality Working Group, which also includes Teagasc, agricultural consultants, industry bodies, local authorities, An Fóram Uisce and officials from the Department of Housing, Local Government and Heritage.

The effectiveness of the national effort of the past year was proven and the reward delivered. That Ireland’s derogation campaign was fronted on the political side by the Taoiseach and the Tánaiste was notable.

As Aidan Brennan reports on page 4, Minister Heydon believes that further derogations will be possible beyond 2028. However, the road ahead is by no means clear of all obstacles. Appropriate assessment of almost 600 catchments is now required under the European Commission’s derogation terms and conditions.

The Habitats Directive has already been used in other European countries to halt development in many industries, including agriculture, industrial and residential developments.

Flanders in Belgium, the Netherlands, Germany and others have seen the directive weaponised through judicial reviews, and the link between Ireland’s nitrates derogation and the Habitats Directive increases the risk of future litigation.

Minister Heydon has suggested that a European review of the Habitats Directive is overdue, citing concerns that the directive is not being interpreted as it was first intended. Ireland should immediately start working with EU officials and other like-minded member states to make this case.

As proven by Ireland’s housing and strategic infrastructure development being tied up for years in unnecessarily long-winded planning and complicated assessment processes, there is a real economic cost.

The cost of ecology reports and environmental consultants will be huge, and there is an onus on the Government to choose the most financially prudent route to reach the required standards. The TB control programme is already draining the Department of Agriculture’s budget, and no one wants to hear that future farm scheme funding is at risk because of environmental consultants’ bills.

Hurdle

Of course there is another hurdle to be met immediately. An Taisce’s legal challenge to Ireland’s current Nitrates Action Programme is yet to be heard in the European Court of Justice. The case commences today, Thursday 11 December and a negative outcome there would have immediate implications for Irish farmers by undermining the Nitrates Action Programme and the derogation.

Coming back to the present, there is now a three-year window which the industry and Government must use wisely. Farmers and the dairy industry can make further improvements in water quality measures and develop tailored solutions for certain soil types and areas. The next derogation decision, like this one, will be based on EPA water quality testing results, and a longer-term reduction of nitrate levels in water bodies will be essential.

Significantly more slurry storage will be required on derogation farms by 2028, as required by the Nitrates Action Programme. Easy and speedy access to TAMS grants, planning permission and finance where needed will be essential for farmers to get this work done quickly.

Much work has already been done on water quality and as the saying goes, tús maith, leath na hoibre – a good start is half the work.