Derogation not in the long-term interest of Mayo farming: Delaying the inevitable

THE recent triumphant announcement by Minister for Agriculture, Food and the Marine, Martin Heydon (Fine Gael) TD, that Ireland has secured the continued availability of its Nitrates Derogation is being sold to farmers as a win, or at the least, a reprieve.

But the spin disguises the reality; that this derogation is not in the long-term interest of Irish farming. It simply delays the inevitable; the difficult choices that will need to be made sooner rather than later, and with no contingency or forward planning in sight, leaves farmers dangerously exposed.

In the meantime, Ireland’s reliance on high stock densities and further damage to our waterways – already in dire condition - continues.

Let’s rewind to how and why this all came about. The Nitrates Directive (1991) is an initiative designed to protect water quality from agricultural pollution.

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The Nitrates Derogation was originally granted to Ireland by the European Commission in 2006, and in essence, is a licence to spread more organic nitrogen (manure) per hectare on land than is routinely permitted under the Directive.

The logic behind the granting of the derogation – political and agricultural lobbying aside – was that Ireland’s grass-based system was judged to be different to the intensive, grain-and-stall systems common across Europe, and that farms needed to be able to spread more mature in order to keep livestock production viable on grassland.

Farmers rightly point out that the derogation supports roughly 7,000 farms Ireland and provides vital short-term certainty for household incomes and local economies — particularly in places like Mayo, where dairy and cattle remain central to rural life.

The decision last week was described by Fine Gael MEP Maria Walsh as an “early Christmas present” for farmers, and ministers across government have been quick to welcome it as a victory for Irish farmers, essential to protect livelihoods. The truth, and the bigger picture, are far less palatable, and show that short-term certainty is ultimately futile.

Ireland’s derogation has previously permitted 135 permitted cows per 50 hectares, compared to the Directive’s restriction of 92. The 2025 revision has reduced Ireland’s allowance to 120, which will absolutely have a significant impact on many farmers who may already have been struggling to break even.

The questions we should be asking are, how does the government propose to support those farmers, and what measures is it now putting in place to plan ahead for when this derogation is eventually abolished? These are questions that the IFA in particular should be asking. And the rest of us should be asking – what about our waterways?

Very few large farmers will want to hear from An Taisce in regard to this matter, but the truth is, the argument for retention of this derogation has always been political and economic, not scientific. Water quality is damaged by nitrates.

Recent research from the Environmental Protection Agency (EPA) shows that half of our rivers and two thirds of our estuaries are polluted, and that agricultural nitrate is a major source of this pollution, resulting in algae blooms, clogged waterways and fish kills, as well as making our waterways significantly less appealing and safe for recreational activities.

The derogation does not operate in isolation. Ireland has, also in the last few days, been referred back to the Court of Justice of the European Union for failing to comply with a 2019 court judgement for breaching the EU Urban Wastewater Directive, demonstrating the contempt shown by successive governments for our natural environment and our greatest natural resource across the board.

Economically, this makes no sense; there will be financial penalties to be paid as a result. Reputationally, it is a bit of an embarrassment, as consumers become ever more conscious of environmental credentials. Surely the story of country which requires special treatment while failing to meet water standards does not inspire confidence in our much-vaunted food brands.

Meanwhile, it’s business as usual over at the Department of Agriculture and can-kicking. Famers may be allowed to keep bigger herds for now, but what happens in three years’ time?

The derogation will not abide indefinitely and may in fact end abruptly if water quality has not improved materially. What will happen to farmers then, left without a Plan B? Now is the time to build the off ramp, not extend dependence.

Where are the announcements for investment in regenerative model of agriculture? In soil and water quality improvement within the sector?

For support with initiatives like nutrient management and diversification? Incentivisation of farmers to engage with rewilding and nature restoration and conservation? Things that would assist with a controlled, sustainable reduction in stocking densities.

Farmers have consistently shown themselves to be resilient, adaptable and forward-thinking, and will respond and lead in this space if supported, knowing in their hearts that it is in their own long-term interests and that of their land to do so.

The regenerative farming agricultural market is growing globally, is starting to take root in Ireland, and to adopt this model represents real long-term thinking and sustainability, which will ultimately benefit our environment.

There is an opportunity here to be proactive, innovative and forward thinking – will Martin Heydon and his colleagues grasp the nettle? Or is this government, perhaps anticipating a shift away from the Fine Gael/Fianna Fáil combination in the next election, happy enough to leave this mess - and several others - for their successors to clean up (quite literally)?

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