Declan McAleer
West Tyrone · Sinn Féin · Northern Ireland
“The regulations are designed to strengthen and complement the existing framework governing the welfare of animals at the time of killing. They build upon EU regulation 1099/2009 and the Welfare of Animals at the Time of Killing Regulations 2014, ensuring that the North maintains high standards of animal welfare.”
“Inspectors are granted clear powers to enforce the regulations, including the ability to enter premises, carry out inspections and, where necessary, seize evidence to ensure compliance. Enforcement notices may also be issued where breaches are identified, with appropriate mechanisms in place for appeal.”
“<BR /> <BR />From a resource point of view, which is another key debate, and looking at the practicalities of the Bill, we must not create a situation in which councils will be expected to take on significant new responsibilities, incur substantial costs and manage increased workloads without the necessary resources.”
“I will follow on from the key points made by my colleague Aoife Finnegan MLA. First, I record our appreciation of the Committee staff, including Janice and Glenda, for the work that they did. I also thank the Bill Office for its assistance during our scrutiny of the Bill.”
“We support the ambition of the Bill — we made that clear at First Stage and at Committee Stage, and we have made it clear today — to give councils stronger powers to intervene. However, the stronger powers must be accompanied by a framework that is properly resourced, legally robust and workable.”
“There are three council areas in our West Tyrone constituency, for instance. <BR /> <BR />We heard a lot from NILGA and received correspondence from SOLACE about the costs and the fear that costs could not be recovered. If legal challenges were brought to councils about notices that were made, it would be costly to the ratepayer.”
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“In the DAERA census from last year, of the approximately 10,000 farms in areas with natural constraints around 8,500 are designated as "very small", which means that they are between three hectares and 10 hectares. Those are very small farms. That is the overwhelming majority that we are talking about. They are little farms, in most cases at the top of a mountain, where the farmer has to go to work every day. As Emma Sheerin said, they farm for the love of the land and to preserve the tradition. They put their own money into keeping the farm going, because, in most cases, the farm is not sustainable. They really need our support. Emma highlighted rural poverty, being from a farming family herself. <BR /> <BR />Timothy Gaston said that it was important to protect all farm families and that he supports the intention of the Bill.”
“He said that there is an opportunity to shape the Bill at the next stage. That is good. There are lots of questions that I do not have the answer for yet, but, at the next stage, we will have the chance to get the stakeholders before the Committee to thrash it all out and shape the Bill. <BR /> <BR />Aoife talked about the importance of fairness and equality and said that farmers play a big role in supporting the environment. Áine spoke up in stout defence of Fermanagh, which, as she reminded us, is 92% ANC land. Philip, too, talked about fairness and resilience. He reiterated the point that all land is not equal, and he used County Antrim as an example of a constituency that has a lot of ANC land. <BR /> <BR />Colin McGrath spoke passionately about small farm families who have been left behind: that is the point.”
“Yes, absolutely. It is also important to point out that dairy farmers in ANCs are in a minority because of the quality of the land. Beef and sheep production are the predominant industries in those areas, but those are the sectors that are in the worst condition at the moment. When we look at the figures for last year, we see that poultry was up by 9%, pigs were up by 8% and dairy was up by 2% or 3%, whereas the figures for the two sectors that dominate the upland farms were dramatically down. I recognise what you say, but those are the two sectors that need most support. <BR /> <BR />Daniel McCrossan indicated that the SDLP will support the Bill in principle. He talked about the real-world impacts, and he knows it like I know it, because we live in and represent the same constituency.”
“Yes, that is absolutely right. As I said in the Committee meeting last Monday, this is about an ecosystem, and every part of the ecosystem is connected. If something goes wrong in one part of the ecosystem, that has a knock-on effect on down. There is a problem in the ANCs, with a 21% drop in beef production and a 7% drop in ewe production from last year. That will have an impact for the lowland farmers who need that livestock for finishing and further on down the food chain. That does not even take account of the environmental impact of that.”
“When the landslides happened in the Glenelly valley, where Emma's people are from, farmers from all sections of the community worked together to pull out their cattle, operate gates and deal with the devastation. When I started off on this journey, I did not want the Bill to pit one against the other, and I am determined that it will go through on that basis.”
“<BR /> <BR />I have stressed so many times that those farmers are the foundation of our red-meat industry and the custodians of our environment. They are in a most difficult situation, and we need to do what we can to support them. <BR /> <BR />John Blair made the point that all farms should be equal, and I agree 100%. I have said all along that we should not pit one farm against another. I did not want the debate to pit lowland farmers against ANC farmers or to pit the environment against farming. I did not want to be divisive, because that is not how farming works. I am from a farming background, and I know that that is not how we work.”
“We also have to consider the sheep farmers, who have had their farm resilience payment cut by 17% in order to fund schemes that they cannot access. Those farmers are in a serious situation. <BR /> <BR />The Speaker's recommendation was that Members' Bills had to be narrow and defined in order to get through in a shortened mandate. We had to come up with a narrow and defined Bill, which was about giving a legislative basis to re-enact the 2018 scheme, rather than starting a brand new scheme and negotiating rates and all of that. As the Minister knows, the regulations will follow in the new mandate. Members should also know that the regulations will be subject to the affirmative resolution procedure in the House. The Minister in the next mandate will bring those forward for debate to be passed by the Assembly.”
“Yes, but it is important to recognise that farmers in ANCs are at a serious advantage. Some of the schemes that the Minister referred to, such as the partial transition towards a flat rate, are not a full transition. Even if they were a full transition, farmers would still be at a disadvantage in those areas, because the land quality is not equal. That is an important point. We also made reference to the various schemes. Farmer after farmer has told us that, in ANCs, the suckler beef scheme does not benefit them. They find it difficult to operate, and their view is that it benefits the finisher scheme better. I do not have the stats to hand, but that is what we were picking up in the consultation.”
“He also referred to the importance of environmental outcomes. <BR /> <BR />Michelle McIlveen spoke next. She opposes the Bill. She indicated that it is poorly drafted. Obviously, we worked with legal experts in the Bill Office for some time to make sure that the Bill was legally competent. Michelle indicated that it is a vanity project. It is a project that we have been working on for years and have been trying to bring in through a motion in the Assembly. When the Alliance Party backed our motion in 2020, we were hopeful that, when it got the Ministry, it would follow through on its commitments, but it did not do so when it got the chance. That was disappointing.”
“I thank everyone for participating in today's wide-ranging debate. In most cases, it was conducted in a robust but respectful way. I will reflect on some issues raised during the debate. <BR /> <BR />I will start with Robbie Butler, who spoke on behalf of the Committee. He gave an assurance that, if the Bill proceeds today, the Committee will scrutinise it thoroughly should it reach Committee Stage. In his capacity as UUP spokesperson, he made the point that there is a Brexit funding shortfall. It is a fair point. Previously, the scheme was two thirds funded by pillar 2 of the EU's rural development programme. The Member made the point that schemes like this have continued in the South of Ireland and Scotland. We need to do our best to ensure that farmers are not at a significant competitive disadvantage, particularly in border areas.”
“I thank the Member. I agree with a lot of what he has said. Sinn Féin takes the position that the agriculture pot of money for the farm sustainability payment has been stretched enough, particularly with the 17% cut, so there can be no more cuts to that pot. We believe that it is possible to budget and look within the Department for the £11 million. It is a substantial amount of money, but, in the context of the overall budget, it is not a mountain of money. Aoife touched on that point. In December, for example, DAERA had £11 million in reduced requirements. All or part of that could go towards paying for such a scheme in the future. We share the view and the concern. The single farm payment pot has been stretched enough, and it cannot be stretched any more.”
“Therefore, there is an historical imbalance, and we feel that restoration of the payment is a step in the right direction to rebalance things.”
“Thank you very much for taking an intervention. There are just a couple of points that I want to refer to. We, too, believe that all farmers should be treated equally, but, as I said in my introduction, all land is not equal. We are talking about farms in severely disadvantaged areas: the scheme creates something to help balance that. <BR /> <BR />John, you said that there was no drop in productivity: there has been a 21% drop in the number of cattle over the past 10 years and a 7% drop in the number of ewes in the last year alone. That is clearly a drop in productivity. <BR /> <BR />Finally, historically, from 2005, entitlements in ANC areas have always been lower than those in other areas. The transition to a flat rate was stopped, so it has not happened.”
“I thank the Member for taking an intervention. In 2016, there were 269,746 beef cattle in the North: last year, there were 213,744. That is a 21% drop. There has not been a transition towards a flat rate. We were in year 5 of seven when the scheme was halted.”
“Draft regulations that will follow on from the legislation will be accompanied by full financial assessments, be subject to Assembly scrutiny via affirmative resolution procedure and be informed by a statutory public consultation in which farmers and rural stakeholders will have a say. The Bill creates a legal framework to establish the scheme. <BR /> <BR />The Bill provides the necessary legal framework to give vital support to farmers in areas of natural constraint, and it promotes rural viability, environmental stewardship and economic fairness. It gives the Department the duty and clarity to act. Most important, it recognises a simple truth: farming land is not equal, and policy must reflect that reality if we are serious about sustaining agricultural communities and the environment in our most challenging landscapes.”
“The delivery of a statutory scheme requires political will and prioritisation. <BR /> <BR />With regard to farm support, I stress that the ring-fenced agriculture budget exists to provide stability and resilience for farm businesses. This is already overstretched due to a 17% cut to fund other schemes. Any further diversion of funds from that scheme will undermine that certainty. The ANC scheme is intended to complement existing supports, not to replace or compete with them. <BR /> <BR />Crucially, transparency and accountability will be built into the process.”
“For many households, ANC payments were a critical part of total income and provided the stability needed to remain in production, invest in their businesses and support local economies. Such targeted investment in disadvantaged areas has existed since the UK Agriculture Act 1947, and, today, Scotland and the South of Ireland continue to have ANC schemes. <BR /> <BR />It is also important to be clear that the Bill creates a statutory duty to make regulations. It does not allocate funding. Funding mechanisms remain a matter for the Department and can be addressed through the appropriate budgetary routes, including reallocations, Barnett consequentials or transitional arrangements.”
“<BR /> <BR />If we are serious about sustaining rural livelihoods and active land management, we require a targeted funding approach that reflects the real costs of farming in our most disadvantaged areas. The financial pressures are there for all to see. The farm business data for 2023-24 illustrates that farms in less-favoured areas, which include severely disadvantaged areas such as ANCs and disadvantaged land, recorded an average loss of more than £10,000. Remove direct support payments, and that loss deepens to around £17,000. Supporting ANCs is not only an agricultural intervention but an equality and community safeguard that protects families, skills and the social fabric of our most fragile rural areas. <BR /> <BR />The Bill is not only about financial assistance but about rural stability and environmental stewardship.”
“However, I strongly feel that that suggestion does not stand up to scrutiny. The former pillar 1 adjustments could not replicate the targeted support that farms operating under severe natural constraints need. Many of those holdings face higher unit costs, lower yields and limited enterprise options due to soil quality, slopes and climate. The partial redistribution of area-based payments did not address those structural disadvantages or the additional cost of managing marginal land. It is also important to recognise that the previous trajectory of convergence was halted in 2020, removing a planned mechanism intended to smooth the transition for the most marginal farms. As a result, many farms are still exposed.”
“The DAERA census highlights that. Across the entire North, there are only 10 cereal farmers in ANCs. <BR /> <BR />When set against the public goods that ANCs deliver — landscape stewardship, biodiversity protection, flood mitigation and community resilience — the scheme represents a prudent and preventative public investment. There are also compelling environmental and ecological reasons to support farming in upland areas. Abandoned and overgrown land does not support biodiversity and increases the risk of wildfires during dry spells. In short, not doing the scheme represents a higher cost when it comes to environmental management and farm sustainability than investing in an ANC scheme. <BR /> <BR />The Department previously suggested that redistribution of the former pillar 1 payments could replace ANC support.”
“Of the North's 1·8 million sheep, over 1 million are in ANCs, with a further 400,000 in disadvantaged areas (DAs). Those flocks and herds are critical breeding stock that provides a vital supply chain for lowland farmers, who rely on upland producers to supply cattle and lambs for finishing. Farming is an integrated ecosystem in which all parts rely on one another. <BR /> <BR />Recent livestock trends underline the scale of the challenge. Over the past year alone, the total number of beef cattle has decreased by 5%, and sheep numbers have fallen by 7%. The sectors that dominate marginal land — beef and sheep — are precisely those that are experiencing the greatest decline. Farmers have told us that switching to alternative enterprises simply is not realistic in ANCs. The land, terrain and climate limit what can be produced.”
“Figures from the 2025 DAERA census paint a stark picture: the number of beef cattle has fallen by 21% over the past 10 years, with a particularly sharp decline since 2018-19, when the ANC scheme was discontinued. The North now has its lowest beef cattle numbers in 55 years. During consultation on the Bill, many stakeholders pointed to the end of the ANC payment as a contributing factor to that trend. <BR /> <BR />The importance of ANCs to the wider agricultural economy must not be understated. Of the North's 213,000 beef cattle, almost 100,000 are in severely disadvantaged areas (SDAs) or ANCs, and 64,000 are in disadvantaged land. In total, around three quarters of the region's essential breeding beef stock are in less-favoured areas (LFAs). The same is true for sheep farming.”
“ANC payments, therefore, play an important role in helping to offset additional costs where production margins are already extremely tight. <BR /> <BR />Claims that an ANC scheme is not good value for money must be assessed against the full cost of removal, including the wider consequences of losing active land management and environmentally sensitive farming practices, and the associated social and economic impacts on rural communities. The evidence is clear: over the past decade, output from ANCs has been in steady decline. If that trend continues unchecked, the consequences will stretch far beyond upland farms and will, ultimately, threaten the long-term sustainability of the red meat sector in the North.”
“As a small farmer, I declare an interest in this and other farming items. <BR /> <BR />In my constituency of West Tyrone, almost 60% of land is classified as "severely disadvantaged". Over 90% of land in Fermanagh is disadvantaged land. The figure is over 50% for the East Derry constituency and over 60% for East Antrim. Those figures underline the scale of the challenge that faces our rural communities. Farming operates under a significant regulatory burden. Farmers must comply with cross-compliance requirements; machinery and safety standards; farm quality assurance schemes; Food Standards Agency (FSA) inspections; and unannounced checks. They also meet high standards in animal health and environmental protection. Those obligations increase cost and complexity, particularly in marginal areas.”
“ANC payments, therefore, play a vital role in sustaining active farming, supporting rural communities and maintaining responsible land management. <BR /> <BR />The Bill contains two clauses. Clause 1 places a duty on the Department to make regulations within 12 months of commencement. It also requires that payments must be no less generous than those provided under the Areas of Natural Constraint Regulations 2018 and that payments must be updated annually and, at least, in line with the consumer price index. That would ensure continuity, fairness and predictability for farm businesses. Clause 2 provides standard legislative provisions. The Act would come into operation on the day after Royal Assent and may be cited as the Areas with Natural Constraints (Payments) Act (Northern Ireland) 2026.”
“I welcome the opportunity to outline the key elements of the Areas with Natural Constraints (Payments) Bill at Second Stage. At its core, it is a straightforward but important Bill. It places a statutory duty on the Department of Agriculture, Environment and Rural Affairs (DAERA) to make regulations governing payments for areas with natural constraints (ANC) under powers in the Agriculture Act 2020. Its purpose is clear: to secure ongoing financial support for farmers in areas where natural conditions limit agricultural activity; to provide legal certainty and continuity of support schemes; and to ensure that payments are maintained and updated annually in line with inflation. Those areas face structural disadvantages, including poor soils, shorter growing seasons and challenging terrain.”
“Thank you. <BR /> <BR />When it comes to the independent EPA, it is important to highlight that we are an outlier compared with the rest of Ireland and, indeed, Britain. We are the only part of these islands that does not have independent oversight of those issues. I imagine that, as a unionist, the Member would like to have parity with, and be the same as, Britain. We are a regulatory outlier on those issues; it is important that we establish that agency here so that we have the independent and important oversight to deal with them. <BR /> <BR />As I was saying, institutions will be required that are trusted, independent and capable of balancing environmental protection with the sustainability of our rural economy.”
“If we are to address the challenges facing our waterways, ecosystems and natural resources, institutions will be required that are trusted, independent and capable of balancing environmental protection with the —.”
“<BR /> <BR />In that context, the establishment of an independent environmental oversight body can play an important role in strengthening trust and ensuring that environmental regulation is applied consistently, transparently and with appropriate expertise. An independent environmental protection agency has the potential to provide clarity, accountability and confidence to the public while ensuring that policy decisions are informed by robust scientific evidence and meaningful engagement with stakeholders, including the farming community. <BR /> <BR />My party supports the motion and the amendment. It is not about assigning blame but about recognising the importance of credible environmental governance.”
“That represents a science-based and data-driven approach to improving outcomes for agriculture and the environment. <BR /> <BR />Other initiatives, such as the sustainable utilisation of livestock slurry project, demonstrate the sector's willingness to trial new technologies and methods for processing and applying slurry more effectively. Those efforts contribute to reducing emissions, improving water quality and making better use of nutrients. Many farmers have also taken proactive steps by investing in low emission slurry spreading equipment through the farm business improvement scheme. Again, that demonstrates that, when appropriate support and partnership are available, the sector is willing and able to embrace change.”
“Through programmes such as the soil nutrient health scheme, farmers are working collaboratively with the Department to improve nutrient management, strengthen soil health and support long-term environmental resilience.”
“Those proposals include measures such as stricter phosphorus limits, requirements around low-emission slurry-spreading equipment and uncultivated buffer strips for certain land uses. While those proposals are designed to improve environmental outcomes, they also highlight the complexity of balancing environmental ambition with the operational realities facing farms, particularly smaller family farms that are operating on tight margins. <BR /> <BR />It is therefore important to recognise that farmers are an essential part of the solution, and, across the country, farming families are already engaging with innovation and sustainability initiatives.”
“<BR /> <BR />The commitment to establish a body was contained in the New Decade, New Approach agreement, and we see it as an opportunity to strengthen environmental accountability while ensuring that decisions are informed by scientific evidence and independent scrutiny. At the same time, any framework for environmental regulation must consider the challenging circumstances facing the farming community. Agriculture remains central to our rural economy and to food production, and farmers are already adapting to a range of regulatory and environmental pressures. <BR /> <BR />We have previously debated in the Assembly the proposed nutrients action programme for 2026-29.”
“Environmental protection, water quality and long-term agricultural sustainability are among the most pressing challenges facing the North. Issues such as pressures on waterways, the health of Lough Neagh and the management of waste and land resources require thoughtful, balanced and evidence-based policymaking. In addressing those challenges, it is important that governance structures command public confidence, operate transparently and provide effective oversight. That is the context in which the proposal for an independent environmental protection agency has been raised.”
“Will the Minister elaborate how environmental and community groups can access the funding generated through the carrier bag levy?”
“Minister, thank you for your response and elaboration on the Climate Change Act that was introduced by the then AERA Minister, Mr Poots. <BR /> <BR />The most recent death on the A5 was last Monday night, which brings the stark statistic to almost 60 deaths on the road in the last 20 years. Minister, can you give us an update on the current status of the appeal?”
“The judicial review (JR) that you referred to, which took place in 2022, related solely to issues to do with the consultation process as opposed to the legality of a badger cull. What steps has your Department taken to address the procedural failings that gave rise to the JR in the first place?”
“On the topic of road safety, does the First Minister agree that the increase in sentencing for drunk divers, that will be proposed in the Justice Minister's sentencing Bill, is welcome?”
“I beg to introduce the Areas with Natural Constraints (Payments) Bill [NIA 24/22-27], which is a Bill to require the Department of Agriculture, Environment and Rural Affairs to make regulations under the Agriculture Act 2020 as to payments for areas with natural constraints.”
“In preparation for their mission, the girls had a successful fundraising campaign here through activities such as a 12-hour handball marathon, a coffee morning and a sponsored cold-water plunge into the freezing waters of Lough Macrory on New Year's Day morning. <BR /> <BR />At its heart, the mission reflects the simple but powerful belief that safe, sustainable buildings can help to protect families and support livelihoods. Every project undertaken by the Spirit of Paul McGirr charity reflects that belief, building bridges between communities and empowering young people, families and volunteers to be part of lasting change.”
“Over the years, that has included the construction and maintenance of schools for children with special educational needs, a preschool for orphaned children, primary and secondary schools and essential maternity and health facilities. <BR /> <BR />My daughter, Ríoghnach, was part of the most recent group, which returned home on Sunday after spending 12 days in Zambia with the charity. Through a partnership between Anamore and the Dean Maguirc students, the focus of their mission was a roof-repair project at a rural maternity and health centre. The existing roof was leaking rainwater into the treatment rooms, threatening the structure and the continuity of care for women and newborn babies. Repairing the roof was critical to ensuring that the centre remained safe, weather resistant and fit for purpose.”
“I take this opportunity to speak about the incredible work of the Spirit of Paul McGirr charity and its most recent mission to Lusaka, Zambia, when four young students from the Dean Maguirc College in Carrickmore went out for 12 days, along with Clíodhna and Anthony, and gave their energy and hearts to help others. <BR /> <BR />Paul McGirr was a young Tyrone footballer who, tragically, died in 1997. In death, through the dedication of his family and the work of the Spirit of Paul McGirr, Paul's legacy has lived on in the most meaningful way. The charity is Tyrone-based and was founded in 2007 in Paul's memory. It works in close partnership with deprived communities in Lusaka in Zambia to design, fund and construct safe spaces that enable people to realise their potential.”
“I thank the Minister for her response. I commend her for bringing forward that important development, which was agreed by the Assembly in 2016. Does she agree that, given the disproportionately high number of young people involved in road traffic collisions and fatalities, it is important that we do everything in our power to prepare them to drive?”
“Minister, what were the December monitoring round allocations for roads maintenance?”
“I thank the Minister for his response. Is the project on track? What is the indicative timing for the completion of phase 2?”
“I thank the Minister for his response. I should declare an interest as a parent of children at the school and having taken part in the CCMS case-for-change consultation. Minister, I understand that the final phase of any development proposal plan involves the Department carrying out an eight-week consultation, the result of which would, ultimately, arrive on your desk. Are you able to assure the House that when that reaches your desk, you will process it as expeditiously as possible?”
“I welcome the measures. Like many Members, I have young drivers from our house who are out on the roads, and I do not sleep well at night until they are safe at home. I welcome any measures that are put in place to increase driving experience to make it safer for them. Minister, what changes will your proposals mean for R-drivers, particularly in relation to speed limits and motorways?”
“Minister, I welcome the simplifications and recognise the value of the changes for biodiversity. However, the inclusion of additional land in the rules for the farm sustainability payment and the closure of the regional reserve, with no new entitlements being issued, will mean that there is a shortage of entitlements to cover the new eligible land. Will you look again at the decision to close the regional reserve?”
“I thank the Minister for his statement. Minister, my question is almost a follow-on from the previous one. Land use will be critical to the realisation of the strategy, and 75% of the land in the North is farmed. What engagement have you had with the farming sector, and what further plans do you have to engage with that sector to make sure that it is on board with the realisation of the strategy?”
“In June, along with fellow members of the AERA Committee, I visited County Fermanagh and Waterways Ireland and saw the great conservation work that it is doing. <BR /> <BR />Minister, how will the Department assist Waterways Ireland to deliver phase 3 of the restoration project?”