Disappointment over water quality decision
ALL of us at NFU Cymru were bitterly disappointed to discover that our legal challenge of the Welsh Government’s introduction of the new water quality regulations was dismissed by the High Court.
For those of you who may not be familiar with the case, the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021, seek to protect water quality in Wales from agricultural pollution in the form of a blanket nitrate vulnerable zone (NVZ) across the whole of Wales.
In basic terms, these regulations drastically reduce farmers’ ability to apply nutrients to their land to encourage grass and crop growth in accordance with the weather and ground conditions.
Instead, the regulations govern with an inflexible approach that sees the times when we can apply valuable nutrients to our land dictated by rigid calendar dates.
NFU Cymru has been opposed to this approach for many years on the basis that it is disproportionate to the problem and will have a severe detrimental impact on the whole Welsh farming sector.
I am proud of the role that our industry plays in feeding the nation – the importance of which has perhaps been laid bare in starker terms in the last three years than ever before.
Legislation that inhibits farmers’ ability to produce food for the nation is something which greatly concerns everyone associated with the industry.
NFU Cymru absolutely recognises the role that farmers have to play in improving water quality.
We have never advocated defending the status quo, but instead have demonstrated a genuine desire to work with government and all other interested parties to reach targeted, cost efficient and effective solutions.
As a union, we categorically disagree with an all-Wales NVZ approach on the basis of the scientific evidence that shows that a blanket approach is not needed, nor will it be effective.
Our union has collaborated with the wider industry to put forward practical solutions and alternatives.
Perhaps the most pertinent of these was the Wales Land Management Forum Sub-Group on Agricultural Pollution report, which set out 45 recommendations in the key areas of advice and guidance, investment support, voluntary approaches, and innovation underpinned by smart regulation.
We also led an industry-wide project that led to the publication of a "Water Standard".
The aim of the Water Standard was to provide farmers with a set of comprehensive and robust measures that could be delivered on farm to protect and enhance Wales’ water environment.
This work was carried out in good faith, at considerable cost and was another example of the lengths the industry has gone to in order to find solutions that would enable effective regulation.
Sadly, it is my view that the knowledge and expertise from the industry offered forward to government has not been heeded.
Such was the level of our concern that, after much consideration and legal guidance, NFU Cymru elected to take the unprecedented step of challenging the regulations in the High Court.
While we accept the judge’s verdict that Welsh Government had not acted unlawfully in making the water quality regulations, nevertheless we remain extremely concerned that these unworkable regulations will pose a significant threat to the viability of our farming businesses.
For many farms, the introduction of the regulations will mean having to increase their slurry storage infrastructure and/or acquire new land – both of which will come at significant cost – and in many cases will result in farming businesses having to destock their herds.
I am particularly concerned for the impact that the regulations will have on those farmers whose businesses are blighted by bovine TB, or those tenant farmers who do not own the land and buildings they farm.
To date a woefully inadequate funding support package of just £11.5m has been made available to help farmers comply with these regulations, despite the fact that Welsh Government’s own impact assessment identified that £360m will be needed in upfront capital expenditure and ongoing costs of £14m a year thereafter.
I am extremely proud that as a union we have stood up for farmers across Wales and fought government on this matter to the bitter end.
This tremendous effort has come at significant cost and considerable resource and it would be remiss of me not to once again thank the dedication and expertise of the NFU Cymru staff, the union’s in-house legal team, our legal panel firm JCP, Counsel at Essex Court Chambers and the NFU’s Legal Assistance Scheme for their work on this case.