The Judge, Sir Wynn Williams, found that the Welsh Government had not acted unlawfully in making the water quality regulations, having heard the parties’ arguments during a virtual hearing spread over three days towards the end of last year. In particular, the Judge concluded that farmers did not have a ‘legitimate expectation’ that an 80% grassland derogation which applies in England and Northern Ireland would be available to them under the regulations.
Incredibly disappointing
This is an incredibly disappointing result for Welsh farmers as it means that the new water quality regulations, which came into force across Wales on 1st April 2021, will remain in place in their current form. NFU Cymru believes that these regulations are unworkable and pose a significant threat to the economic viability of Welsh farming, the overall impact of which cannot be underestimated. These regulations make the whole of Wales an NVZ, attracting disproportionate requirements which will be detrimental to the whole farming sector.
NFU Cymru President Aled Jones said:
“I am obviously very disappointed with today’s judgment, but I am proud that NFU Cymru has been able to stand up for all farmers across Wales to hold Welsh Government to account in its decision-making. This case was not about seeking to ignore agricultural pollution incidents or trying to reduce environmental protection; it was about ensuring that when the government makes decisions which impact the Welsh farming industry, it does so based on a proper assessment and understanding of those impacts. I hope that the arguments raised during this case will have made Welsh Government take notice of the impact these regulations will have on Welsh farmers, and we will continue to look for opportunities to find ways to reduce the burden on farmers.
“A good starting point would be for Welsh Government to increase the support offered to farmers in order to be able to comply with these regulations. Welsh farmers face having to find up-front costs of £360 million and ongoing yearly costs of £14 million a year. The package of support to farmers to make these drastic changes is, in our view, woefully inadequate and I hope that Welsh Government will increase the existing funding available to support farmers in complying with the regulations. Unfortunately, we are already aware of farming families leaving the industry as a direct consequence of the regulations.
Extremely proud
“Despite the ultimate outcome of the case, I am extremely proud of the leadership NFU Cymru has shown in being the organisation to take on this legal challenge on behalf of the whole Welsh agricultural industry. I would like to pay tribute to the dedication and expertise of 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 in ensuring that the voice of Welsh farming was heard in the High Court.
The judgement
Read the judgement from the High Court.