Irwin questions new proposed penalties system

Newry & Armagh DUP Assemblyman William Irwin MLA has said that the new Farm Sustainability Standards DAERA are preparing to release in 2026 must be responsive to the realities of farming in Northern Ireland.

Mr Irwin has been critical of the current cross compliance penalties system and has taken issue with the Department on many occasions over the treatment of farmers on the issue of negligent rule breaches versus intentional breaches.

Speaking at the AERA Committee this week Mr Irwin pointed out that even though the new system is being prepared, in the Department’s eyes, with a view to help and enable farmers to comply with the new system rules – it will still have a significant capacity to deny farmers payment and in some cases deny a payment for two years.

He added: “The current system was for a very long time much too harsh on farmers for negligent breaches and that is why the Department found itself in court when farmers challenged such rulings.

MLA William Irwinplaceholder image
MLA William Irwin

"The previous DAERA Minister responded to that and made some changes that were much fairer however the new Minister Mr Muir has sought on a number of occasions recently to undo this work, the committee though has rightly rejected these efforts and continues to.”

He said: “The new system must work to help bolster our farming industry and seek to help to build up the capacity of farmers to comply with new rules around compliance.

"The Department needs to ensure that any new system is well thought out and penalties when required to be issued are weighted appropriately to reflect the alleged breach.”

He concluded: “I note that the ability to take a farmer to court will also be retained and whilst in most people’s minds this conjures up the worst types of breaches, we must remember that in the past farmers have faced considerable fines and have went to court and have won their case with a judge disagreeing with the Department.

"That is why I say that this new system must be thoroughly thought out and any issued penalties must reflect the seriousness of any alleged breach.”

Last year DAERA minister Andrew Muir announced his intent to reverse a law change introduced by Edwin Poots that had capped the level of penalties.

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