The Irish Farmers' Association - IFA

Lobbying Organisation The Irish Farmers' Association - IFA

Date published 20 Jan, 2023

Relevant Matter Legislation

Public Policy Area Environment

Period 1 Sep, 2022 to 31 Dec, 2022

Specific Details Water Environment (Abstractions and Associated Impoundments) Bill 2022 - IFA Proposed Amendments

Intended results To seek a meeting with Minister Darragh O'Brien and Minister of State Peter Burke on IFA's proposed amendments to the Bill. IFA's proposed amendments to the Bill are as Follows Part 1 Preliminary and General - Interpretation, Section 2 (1) - The current interpretation of both “licensing threshold” and “registration threshold” gives the Minister too much power and creates too much uncertainty for farming and small business. If the Minister wishes to increase the “licensing threshold” and/or “registration threshold”, he or she should be required to bring amendments to the legislation before the Oireachtas. " Licensing Threshold" - IFA proposes that Section (a) and (b) should be deleted and replaced by the “licensing threshold” means 2,000 cubic metre or more in any 24-hour period. “Registration threshold” Section (a) and (b) should be deleted and replaced by the “registration threshold” means - 25 cubic metres or more in any 24 hours. Regulations and Orders, Section 4 (1) - This Section appears to give the Minister wide ranging powers; clarification is required on what Section 4 (1) means and who it applies to. Part 2 Regulations for certain abstractions Regulations for certain abstractions, Section 8 (1) - There is concern that this Section provides the Minister with too many powers, regarding small scale abstraction that do not require a license Part 3 Exemptions Exemption for certain abstractions, Section 9 (3) - It is proposed that a new exemption category is added (i) such abstraction that may be required on animal welfare grounds Part 4 Register of Abstractions Submission of information to Agency, Section 11 (4) The information required under section 11(4) should be confidential to the Agency and not published. Part 5 Licensing of Abstractions (Chapter 1 Abstraction requiring licence) Agency opinion that licence required, Section 17 Section 17 should be deleted as it provides far too many powers to the Agency to override the legislation. Part 6 Abstraction by Irish Water (Chapter 1 Public abstraction by Irish Water) Power to carry out public abstraction - Section 61 (2) Section (a) (b) (c) (d) and (e) undermine the legal property rights of farmers and could have an extremely negative affect on lands and property values. Section (d) and (e) are problematic in terms of the powers they give Irish water and should be deleted Claim for compensation - Section 69 (2) The 52-week period needs to be changed and should be aligned with the statute of limitations (6 years). Determination of claim for compensation - Section 70 This section must include an additional sub section that a national compensation claims protocols will be developed, which equitably resolves concerns regarding property losses and/or disruptions to farm business arising where abstractions are imposed The burden of “proof of loss” must not be placed on individual farmers, the legislation must facilitate positive discussions to bring matters to conclusion. For example, Irish Water's sister company Gas Networks Ireland (GNI) recognises from the outset that a loss exists and endeavours to address such losses through negotiation. GNI's approach represents established practice, and the adversarial “proof of loss” obligations should be avoided.

Name of person primarily responsible for lobbying on this activity Tim Cullinan IFA President, Elaine Farrell IFA Director of Governance and Oireachtas Engagement

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.

Submission (1)

Email (2-5)

Informal communication (6-10)

Letter (1)

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.

Victor Boyhan Senator (Seanad)

Tim Lombard Senator (Seanad)

Paul Daly Senator (Seanad)

Peter Burke Minister of State (Department of Housing, Local Government and Heritage)

Darragh O'Brien Minister (Department of Housing, Local Government and Heritage)

Joe O'Reilly Senator (Seanad)