Commonage Negotiations.

In response to a question from Sean Kyne TD the Minister for Agriculture descried the progress to date on negotiations between the farm organisations, his Department and the NPWS. This is a welcome development and it is to be hoped that an agreement can be reached in time to allow commonage farmers to enter GLAS in the Autumn. The full test of the exchange between Sean Kyne TD and the Minister is shown below.

Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney the negotiations that have taken place between his Department and the Department of Arts, Heritage and the Gaeltacht regarding the implementation of the commonage review; if liaison committees are proposed for the shareholders of each commonage in conjunction with his Department, the National Parks and Wildlife Service and farm organisations; the timescale for the implementation; if he acknowledges that every commonage requires a different plan; and if he will make a statement on the matter. [13946/14]

Deputy Seán Kyne: Will the Minister outline the negotiations that have taken place between his Department and the Department of Arts, Heritage and the Gaeltacht on the implementation of the commonage review? Have liaison committees been set up for discussions between the shareholders in each commonage in conjunction with his Department, the National Parks and Wildlife Service and farm organisations?

Deputy Simon Coveney: This is an ongoing process about which I spoken to the Deputy on several occasions. This is a sensitive issue as there are thousands of commonages across the country. We have a new commonage framework programme that needs to be implemented in partnership with the farmers in question and the National Parks and Wildlife Service which has a role to ensure commonages are farmed appropriately. If they are overgrazed, stocking rates should be reduced, while if they are undergrazed, which is the case in respect of much commonage land, stocking rates need to be increased. The complication arises if multiple farmers are farming the same commonage as one then has to get agreement from a majority of them. If necessary, we will go commonage by commonage and sit down at local meetings to bring people on board with the scheme. Farmers will not receive an instruction on the programme from me by letter and it will not be introduced by enforcement. We have had 18 months of discussions to see how best we can do this with farming organisations and the Department of Arts, Heritage and the Gaeltacht to introduce the programme in as sensible and practical as a way to get the right result both for farmers and the environment. The Deputy will see a partnership between farming organisations and my Department to get it right.

Deputy Seán Kyne: When will the liaison with farmers start? There is concern among the farmers in question in advance of next year about the GLAS, green low-carbon agri-environment scheme, and stocking rates. I appreciate the Minister's letter last week to allow farmers to qualify for the disadvantaged areas scheme within certain environmentally restricted schemes in Connemara and County Mayo. There are concerns, however, in commonage areas as to when the discussions will take place and when a solution will be finally implemented in order that the farmers in question will know where they are going.

Deputy Simon Coveney: The important point is that the European Commission sees progress in this area. There has been progress as the liaison process is under way, but there will be difficult commonage areas that will require local public meetings to be held. We are planning that structure with the farming organisations in order that it can be rolled out over time. Implementation of the new commonage framework proposals will not happen overnight, as the Commission will understand. Most of the commonages will sort themselves out, but there will be potential problem areas in the Deputy's county which will have to be dealt with sensitively

Commonage Restrictions in the Twelve Bens/ Maamturks

Commonage Framework Plans

Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a person in County Galway who is participating in the Twelve Bins/Maam Turk Complex can amend their agri-environment option scheme plan to allow them to put their sheep back on the hill due to the fact that the Twelve Bins/Maam Turk Complex scheme is not being renewed after November; and if he will make a statement on the matter.

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): I am aware that the Twelve Bins/Maam Turk Complex Scheme, which the National Parks and Wildlife Service put in place for the purpose of regenerating these commonages, expires on 1st November, 2013. The future management of these commonage lands will now be considered in the wider context of the ongoing examination of issues relating to all Commonages. This process will involve the farmers directly managing the lands, relevant stakeholders, the farming organisations and all other interested stakeholders. The aim is to achieve a practical solution which will ensure that the farmers actively farming these lands are protected and that the land is maintained or returned to GAEC and that the requirements of the governing EU regulations are met.

There is nothing new in the Ministers reply to Deputy O Cuiv, this has been the standard line for almost a year now. However there is still no sign of any sort of an implementation plan and the mechanisms to attain the goal of keeping commonages in GAEC are still very unclear. The min/ max figures which the Department believed would deliver a solution are at best only a starting point for an implementation plan for each individual commonage. The other aspects of an implementation plan have never been published, without them the Departments commonage management plans are in disarray.

We can only hope that the draft Rural Development Plan which is expected before the end of the year will shed some light on the Department of Agriculture's intentions.

Commonage Impasse

The Dept of Agriculture have delayed the issuing of letters to individual commonage farmers informing them of new commonage requirements. The current state of play is unclear however The Minister for Agriculture Simon Coveney T.D. has responded to numerous parliamentary questions from among others Sean Kyne T.D., Joe McHugh T.D. and Eamon O Cuiv T.D.. The standard response in each case has been;

“The Commonage Framework Plans, first published in 2002, have been reviewed to take account of the current vegetative condition of commonages nationally. This review which will replace the Commonage Framework Plans has been carried out by the National Parks and Wildlife Service in co-operation with my Department. The review was carried out on a commonage LPIS basis and sets a minimum and maximum number of ewe equivalents (EE) required to graze the commonage parcel to ensure that it is maintained in Good Agricultural and Environmental Conditions (GAEC). I am currently considering an implementation plan to take account of the changed stocking levels. 

My Department is trying to reconcile the reality of commonages with the EU requirement of GAEC. I will work with the farmers, farm organisations and others to design a practical solution”. 

This answer is obviously just a holding statement, how far things have actually progressed since mid November is uncertain. The Christmas break, the burger scandal and the start of the EU presidency have probably all served to push the commonage issue further down the priority list. However the issue is still live and will have to be addressed at some time in the next year.

Commonage Governance

One of the features of the current system of direct payments to farmers is that even in cases of shared ownership the payments have been made directly to the individual. This has created a situation where the individual farmer makes a commitment to maintain lands in GAEC, the Dept. of Agriculture pays him for this and yet due to the actions of a third party (not necessarily a shareholder or even a farmer) the land is not actually in good condition. There is a conflict between the individual making a commitment in respect of the management of land that is jointly owned. This creates potential difficulties for all concerned, the Department of Agriculture are concerned with the consequences for all commonages, if an EU audit finds a difficulty, the compliant farmer risks a reduction on his payments if the situation continues and yet may feel powerless to influence it. Even farmers in other commonages which are in good condition have concerns that the eligibility of all commonages may be threatened by issues arising elsewhere. 

Commonage governance in the first instance is likely to be restricted to stocking issues but having a system for making joint decisions on matters of common interest can benefit shareholders in many ways. For example; 

The Dept. of Agriculture have been steadily reducing the reference area for commonages by excluding areas for roads, turbary, lakes, bare rock, scrub etc. In the bulk of cases this is done from a study of aerial photographs. In many cases the deductions are in error but if they are accepted by even one shareholder then the Dept. of Agriculture will push them through. Their insistence that the same ref area has to apply to all claimants on a land parcel means that only as a group can the shareholders hope to resist these deductions.

Tackling the abuse of their joint property by third parties with no right to the commonage. For an individual the task of dealing with third parties causing damage by trespass, grazing of stock without permission, illegal dumping or encroachment can be very difficult. As a group the shareholders can decide on what course of action is appropriate, get whatever advice is required and take the necessary action.

Realising the value of their joint property for non agricultural purposes. Many commonages have value for non agricultural purposes, for example as sites for wind farms, for recreational use and for development of sites etc. These are only viable options if they are supported by all of the shareholders. Having a structure in place that can make decisions on these issues creates opportunities that would not otherwise exist.

In the future there is the possibility of a commonage scheme. In other countries such as Scotland and England it is the shareholders as a group or an association that joins the scheme and not the farmers as individuals. The association receives the payments and then decides on what to do with the funds. They may for example decide to invest in the property by paying for fencing or animal handling facilities or they may opt to divide the money between the shareholders. The decision is theirs. It is quite likely that the authorities in Ireland may introduce a similar scheme here in the future. 

In many other countries systems of commonage governance have been in place for many years. In Ireland informal systems existed in the past but they have broken down over the years. What shareholders need is to establish a mechanism among themselves so that they can empower themselves to protect their payments and manage their assets. 

This agreement is first and foremost between the shareholders; however it must be workable and must take into account the different perspective that each shareholder has. Just as every farm is different, every farmer is different and their individual concerns, objectives and plans must be reflected in this agreement if it is to work. A commonage specialist can assist by working with each shareholder individually to identify the issues and produce a draft agreement. This draft can then be refined by negotiating with the individual farmers the concerns of others in a manner that respects each individual’s privacy. An honest broker can facilitate the shareholders to come to a common position without any risk of direct confrontation between rival interests. This process may be slow and not everybody will get everything they want but everyone can be assured that their interests will be reflected in the final draft that is put to the shareholders for approval. 

A workable agreement will have to have the support of the shareholders, it will have to have arrangements for how issues will be decided, disputes resolved, expenses met and on how income will be divided. It will allow the shareholders to be flexible in response to changing circumstances and to protect their shared asset. Only a skilled commonage specialist can assist farmers in developing such a system. BY doing this we can empower the shareholders by negotiating an agreement that is workable for the farmers and acceptable to the Dept. of Agriculture.

History of Commonage

Pre Land Reform 

The development of agriculture resulted in the progressive enclosure of land. Before the process of land reform began in the 19th century, tenants on large estates rented their farm from a landlord. The farm consisted of a portion of enclosed land and permission to use nearby unenclosed land belonging to the landlord. In many areas access to the unenclosed land, or “hill” was a vital component of the farming economy as it permitted the keeping of small numbers of livestock. These animals were often the only cash income available to the tenant and were used to pay the rent and to purchase items that could not be produced on the farm. 

Land Commission 

Once the land commission began the process of breaking up the large estates the use of the unenclosed land had to be formalised. In most cases this was done by allocating shares in the commonage to the former tenants. The term “tenants “has survived in many localities when people refer to the shareholders in a given commonage. This is a folk memory of the land tenure situation prior to the breakup of the big estates. 

Introduction of Direct Payments 

Large increases in sheep numbers from the 1970’s onwards had impacts on how commonages were managed. The introduction of ewe premium in particular contributed to a rapid increase in stock numbers without any reference to the size of the holding. In many cases this led to overgrazing of the commonage with consequent damage to vegetation, this was reflected in the loss of heather and an increase in inedible species such as Mat Grass and Heath Rush. In severe cases erosion of peat and soil also occurred. Another consequence of the direct payment system was a breakdown in the community based management of the commonage resource. 

Commonage Framework Plans. 

By the mid 1990s it was evident that the situation was unsustainable and that urgent action to reduce ewe’s numbers on the mountains was required. Initially this was achieved by a 30% cut in numbers from the ewe quota held by each individual commonage farmer in 6 western counties. Exceptions were made for farmers who were already in REPS. An across the board response like this created huge inequities as the degree of damage was very variable and farmers in undamaged commonages were subjected to the same cuts as everyone else. At the other end of the spectrum it was obvious that in severely damaged commonages a cut of 30% would not be enough. However the 30% cut was a provisional measure that would in time be replaced by the implementation of commonage framework plans drawn up for each commonage. The production of commonage framework plans began in 1998 and was largely completed by 2002. These plans assessed each commonage management unit, in some cases this meant that two or more commonages were amalgamated; in all cases a destocking % was calculated. The sheep numbers permitted on each commonage farm were reduced from the original ewe quota by a complex formula. This formula incorporated the % destocking prescribed in the framework plan, the stocking rate on the individual farm and the amount of commonage involved. These measures resulted in a rapid reduction in ewe numbers from 2003 onwards. 

Introduction of the Single Payment Scheme.

The changeover to the single payment scheme caused a further drop in sheep numbers as the link between ewe numbers and direct payments was broken. 

Commonage Monitoring. 

Ongoing monitoring of commonages began in the Owenduff catchment in Co. Mayo in 2004. Other monitoring was subsequently carried out in the Twelve Bens/ Maumturks in Co. Galway , Caha mountains in West Cork, Dartry mountains in Sligo and Leitrim, the Galtees in Tipperary and Limerick, Mweelrea and the Sheefry hills in Co. Mayo, the Cooley peninsula in Co. Louth, the McGillycuddy Reeks in Co. Kerry and parts of the Blue Stacks in Co. Donegal. In most of these the monitoring results were encouraging but further action was deemed necessary in the Owenduff and in the Twelve Bens/ Maumturks. Further reductions in ewe numbers and restrictions on outwintering were implemented in these areas in 2006 and 2008 respectively. 

Commonage Review 

By 2011 it was being claimed in some quarters that some commonages were seriously under grazed. This and a growing realisation that the commonage framework plans were obsolete led to the recently completed review. The review changed the focus from the management unit to the land parcel and introduced the concept of a minimum as well as a maximum stocking rate.

What is Commonage?

In Ireland, commonage is land that is owned by more than one person. Typically each shareholder owns a defined fraction of the total area and this is detailed on each shareholders folios. It should not be confused with the term “tenants in common”, which is where the land described on a folio belongs to two or more persons. This may happen where land is inherited jointly by siblings or where land is purchased by two or more people. Land held by “tenants in common” is not normally considered as commonage.

Another situation is in respect of lands where there are “grazing rights”. These do not involve any ownership of the land but as the name suggests give a right to graze livestock on the area involved.

Over the years the shareholders on many commonages have decided to “stripe” or split their commonage between them. In spite of this approx 426,000 Ha of commonage remain. Over 11,000 farms have a shareholding in one or more of the approx 4,500 remaining commonages.

Commonage Review

All farmers with commonage will shortly receive a letter from the Dept of Agriculture, Food and the Marine regarding how the recently completed commonage review will affect them. This review has completely changed how commonages will be managed in the future and has implications for stock numbers and for direct payments to commonage farmers. It replaces the commonage framework plans and it is hoped will lead to a more community based approach to commonage management. 

Commonage Framework Plans have governed sheep numbers on commonages for the last decade. However in recent years it has become increasingly apparent that these were dated and no longer provided for the needs of those involved in commonage management. To deal with this, the Dept. of Agriculture and the National Parks and Wildlife Service have reviewed the Commonage Framework Plans to make them more relevant to current requirements. This review was based on the patterns of recovery observed in commonages throughout Ireland since 2004. 

Implementation of the commonage framework plans resulted in many farmers having to destock from their original ewe quota level. The new system breaks the link with the old ewe quota and instead allows farmers to stock at sustainable levels. In effect this means that the starting point is zero and that farmers can increase their stocking to a sustainable level as determined in the commonage review. 

The new system also introduces a collective approach to managing commonages. It will be the shareholders themselves who will determine how many animals each farmer will graze on the commonage. However the total number must be within a minimum and maximum number for the commonage as set out in the letter from the Dept. of Agriculture. This collective responsibility may also allow the Dept. of Agriculture to impose penalties on all shareholders if a commonage is improperly managed. 

Farmers utilise the commonage for grazing livestock, but it also represents forage area on which they get paid in the dis-advantaged area and single payment schemes To ensure that all farmers can continue to get what they need out of their commonage they should reach an internal agreement among themselves. This agreement must be agreed by the farmers themselves however it may be facilitated by an expert third party. The agreement will ensure that all shareholders know where they stand, what commitments they have and how they will resolve any disputes, either between themselves or with outside bodies. In short the internal agreement sets out how they are going to manage their commonage. The contents of the agreement are up to the farmers themselves but as a minimum it should set out how many animals each farmer will keep so that the group can meet the sustainable stocking requirement. 

It is unlikely that an even split between all shareholders will be the optimum approach to achieve this. The circumstances and farm enterprises of different shareholders will vary, some may be unwilling to increase numbers at all, others perhaps, may wish to increase to a level in excess of what an even split would allow. The situation is further complicated by dormant shareholders who do not farm the commonage at all and by the renting and leasing of shares. While dealing with all of these issues is not straightforward, the problems posed are manageable. However to do this successfully requires a structured and most importantly, a workable agreement between the shareholders. 

This is an opportunity for farmers to manage their commonage together, largely free from external interference. It is not something that people should fear or be apprehensive about, but it does require their careful attention.

AEOS 3 Scheme Announced

AEOS 3 schemes announced at the ploughing championships. The Minister of Agriculture, Food and the Marine has announced that €20 million euro has been made available to finance an AEOS 3 scheme. This will be enough to accommodate approx 6,000 farmers. Priority will be given to farmers with commonage or Natura land (SAC or SPA). The details of this scheme have not been announced yet but are expected in the very near future.

Full details will be posted on this site as soon as they are available.