Relevant Matter
Public policy or programme
Public Policy Area
Agriculture
Period
1 Sep, 2022 to 31 Dec, 2022
Specific Details
Water Environment (Abstractions And Associated Impoundments) Bill 2022
Intended results
Farmers are custodians of the environment and understand their responsibility to comply with regulations to protect and improve water quality, IFA have the following observations to make on the Water Environment (Abstractions and Associated Impoundments) Bill 2022
Where water abstraction takes place on farmland and results in land sterilisation, crop loss and disturbance, fair and equitable compensation must be paid to farmers.
IFA advocates for a fair and equitable National package of measures, including compensation to replace the ad-hoc arrangements implemented by local authorities and Irish Water. The right to compensation is reflected in Articles 14 and 15 of the Water Supply Act, 1942 ("the 1942 Act"). The Water Environment (Abstractions) Bill proposes to repeal the 1942 Act, including Articles 14 and 15 and replace them with an Article which is more limited in scope.
IFA have serious concerns in relation to what is proposed in the Bill under compensation. Their main concerns include the limit to any claim for compensation to within 2 years of the authorised abstractions commencing. This would allow the State to side-step its existing obligations to farmers, resulting in a haphazard approach across the country by differing local authorities and many compensation issues remaining unresolved.
This inequity could be addressed by
- Removing the time limit on a claim for compensation.
- An obligation on Irish Water to notify all farmers directly by registered post that may be impacted by a proposed water abstraction.
- Develop a National protocol and package of measures which resolves concerns regarding losses arising, where abstractions are imposed.
- The requirement to notify impacted farmers will enable them to engage with the planning process and bring their views to the attention of relevant agencies and that is a vital and important point.
IFA state that it is highly unusual when it comes to re-dress that the burden of "proof of loss" would be placed on individual farmers. The Bill needs to be amended to facilitate positive discussions to bring matters to a satisfactory conclusion.
IFA is concerned that the Bill does not clearly set out the relevant legislation for the determination of compensation, as in the 1942 Act, and provides absolutely no framework for this determination.
The Bill should include an obligation on all parties to firstly engage in mediation, in default of agreement.
IFA is concerned that the Bill proposes to extend the powers of Irish Water to take a water supply beyond lands it owns or acquires, however it fails to adequately provide for the necessary package of measures and framework, including compensation where such powers are exercised.
Name of person primarily responsible for lobbying on this activity
Damian McDonald IFA Director General, Tadhg Buckley IFA Director of Policy/ Chief Economist, Geraldine O'Sullivan IFA Senior Policy Executive, Karol Kissane IFA Senior Policy Executive, Edel McEvoy IFA Policy Executive
Did any Designated Public Official(DPO) or former Designated Public Official(DPO) carry out lobbying activities on your behalf in relation to this return? You must include yourself, and answer Yes, if you are a current DPO or a DPO at any time in the past. (What is a Designated Public Official?)
No
Did you manage or direct a grassroots campaign?
No
Was this lobbying done on behalf of a client?
No
Lobbying activity
The following activities occurred for this specific Subject Matter Area.
Designated public officials lobbied
The following DPOs were lobbied during this return period on this specific Subject Matter Area. These DPOs were involved in at least one of the Lobbying Activities listed above, but not necessarily all of them.
As returns are specific to a Subject Matter Area the above Lobbying Activities may be associated with multiple returns.
Martin Browne
TD (Dáil Éireann, the Oireachtas)
Jackie Cahill
TD (Dáil Éireann, the Oireachtas)
Matt Carthy
TD (Dáil Éireann, the Oireachtas)
Michael Collins
TD (Dáil Éireann, the Oireachtas)
Michael Fitzmaurice
TD (Dáil Éireann, the Oireachtas)
Joe Flaherty
TD (Dáil Éireann, the Oireachtas)
Paul Kehoe
TD (Dáil Éireann, the Oireachtas)
Brian Leddin
TD (Dáil Éireann, the Oireachtas)
Michael Ring
TD (Dáil Éireann, the Oireachtas)
Victor Boyhan
Senator (Seanad)
Lynn Boylan
Senator (Seanad)
Paul Daly
Senator (Seanad)
Tim Lombard
Senator (Seanad)
Denis O'Donovan
Senator (Seanad)