Senators criticise An Taisce for challenging EU's nitrates decision

An Taisce is arguing the European Commission failed to protect Irish water quality amidst rising pollution levels

One senator said the challenge risks doing enormous damage to rural Ireland, farm families, the agrifood sector and the 7,000 farmers who are in derogation. File picture

An Taisce is challenging the European Union's decision to grant Ireland a three-year extension of its nitrates derogation.

It is arguing the European Commission failed to protect Irish water quality amidst rising pollution levels. But members of the Senate have sharply criticised An Taisce for requesting the commission to withdraw the permission.

Fine Gael senator Eileen Lynch, Cork North-West, told the Upper House the move was deeply irresponsible. She said it risks doing enormous damage to rural Ireland, farm families, the agrifood sector and the 7,000 farmers who are in derogation, while still operating within a robust environmental framework.

“Derogation is not a loophole or a shortcut. It is scientifically grounded and tightly regulated. It reflects the reality of Ireland's grass-based farming model.

"Despite all of this, we now see An Taisce asking the EU Commission to reconsider its decision to grant a nitrates derogation,” she said. 

Senator Lynch said farmers are already under immense pressure from rising costs, regulatory burdens and growing global uncertainty.

“An Taisce’s action sends a terrible message that ideology is being prioritised over practicality and litigation over collaboration.

We must protect our water quality. Farmers want to protect their water quality. Anyone in derogation wants to protect water quality.

Senator Lynch said progress is made by working with farmers, not working against them, and by supporting behavioural change, investment and innovation.

"It is not done by seeking to query a decision already made and which agriculture minister Martin Heydon, MEPs and politicians had fought hard to secure.

“What An Taisce is doing risks undermining confidence. It could damage livelihoods and create division where unity is needed.

"If this succeeds, the consequences will be severe and will lead to reduced stocking rates, loss of income and a direct hit to rural economies right across the country,” she said.

Senator Lynch urged An Taisce to reconsider this approach and to engage in meaningful dialogue instead of pursuing “this adversarial action that will ultimately harm the very communities we are all meant to serve.” 

House Leader Senator Sean Kyne said an Taisce’s decision is sending a terrible message and is regrettable.

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Senator Kyne said: "A lot of work had been done by the minister and the Government to ensure the nitrates derogation was secured for a period of three years.

"It was hugely welcomed by the Irish Farmers Association, the Irish Creamery Milk Suppliers Association and farm organisations, particularly on the dairying side.

“We acknowledge the importance of it to the economy of this country as a food-exporting country in terms of beef and milk products and other products of value that we produce.

"It is an issue and obviously the nitrates directive includes reference to water quality and the establishment of the Cabinet committee on water quality.

"I do acknowledge the importance of the nitrate’s derogation to Irish farmers and to our economy,” he said.

An Taisce claim

An Taisce — the National Trust for Ireland — claims, however, there are serious doubts about the lawfulness of the commission’s decision.

Dr Elaine McGoff, head of advocacy, said decisions like this are meant to be based on the science. But the evidence clearly shows Ireland has a serious water pollution problem that isn’t getting any better, caused largely by agricultural nitrogen.

She said the public are not in favour of Ireland seeking another derogation. A recent poll indicated that the people overwhelmingly want clean, healthy water.

“Given our poor track record on protecting water quality nationally, we are looking to the European Commission to drive better compliance with EU law by the Irish Government.

“Unfortunately, we do not believe this derogation decision achieved that. We believe it is important that the legal and ecological rationale of the decision be reviewed by the commission”, she said.

Minister Heydon has meanwhile announced that 2026 Nitrates Derogation applications can now be made on myagfood.ie. 

He urged farmers to discuss their need to apply for a derogation with their agricultural advisor as soon as possible. May 15 is the closing date for applications.