The two-year exclusion from the nitrates derogation for often minor regulation breaches is wholly disproportionate and merciless, the Irish Creamery Milk Suppliers Association (ICMSA) has said.

Deputy president of ICMSA, Eamon Carroll, has called on the Minister for Agriculture to announce the outcome of the review into the two-year exclusion rule from the Nitrates Derogation where farmers had breached the regulations.

This comes following the Minister for Agriculture Charlie McConalogue announcing a closing date of 19 April for this year's derogation applications.

“If anyone still wonders why farmers are so frustrated with regulation, then they should read the minister’s press release. They’ll be given some idea of the complexity of the situation, but also how easy it is for farmers to breach these regulations completely inadvertently. What’s even more alarming is that the system makes no allowance for inadvertent or accidental breaches and just ‘wallops’ those farmers with a two-year exclusion regardless.

'Sledgehammer to a nut'

For example, how is it fair that a farmer who might not have fenced 10m of a watercourse is treated the same as a farmer who has not fenced his watercourse whatsoever.

There’s no nuance or graduation of breaches, just the same ‘sledgehammer to a nut’ ethos that’s wholly disproportionate and merciless,” said Carroll.

Referring to the two-year exclusion rule, Carroll said the ICMSA was aware of farmers today trying to apply for a derogation but worried that they could be excluded for breaches of the regulations in 2023 that could have been as minor as incorrect paperwork or a broken fence.

“They must either rent more land that they don’t need at exorbitant prices or reduce cow numbers – drastically, in many cases. Failing that, they can try to export slurry which is getting more and more difficult. They are being excluded for offences that are quite likely to have zero impact whatsoever on water quality, while the exclusion will have decisive and disproportionate impact from a farming, economic and wellbeing perspective," he continued.

At the Agriculture Water Quality Group meeting in December, the Department agreed to review the rule and given that farmers have only until 19 April to submit the derogation, the minister needs to decide on this matter, he argued.

"The minister has adopted a policy of hammering farmers for minor offences and this needs to change. There’s no reason why we can’t have a reasonable and fair approach on this matter and ICMSA is asking the minister to write to all farmers excluded for two years and provide them with an opportunity to remedy the problems,” concluded Carroll.