Questions now from the party spokespeople. First of all this week, the Conservative spokesperson, Janet Finch-Saunders. 

Diolch, Llywydd. Minister, the front page of the Farmers Guardian says it all: 'NVZ Nightmare'. Now, on 8 April last year, you informed the Senedd that you were minded to introduce these regulations once the crisis had ended. You reiterated that promise another six times, most recently on 14 October. A recent report by the Agriculture and Horticulture Development Board found that 2020 has deepened consumer trust in the food supply chain, that farmers continue to command the deepest trust and that Welsh and UK farming is seen as environmentally beneficial. Now, despite this growing public support for our farmers and 680 coronavirus cases being reported in Wales on 27 January, where that tells me that we are not through this crisis, you laid these regulations. Why have you not kept to your word and shown some integrity by waiting until the end of this crisis before launching the Welsh Labour and Lib-Dem major assault on Welsh agriculture? 

I do find it strange that Janet Finch-Saunders talks up her environmental credentials on one hand and then just puts them to one side when it comes to the agricultural sector. Why would you condone three agricultural pollution incidents every week, week after week, month after month, year after year? I am aware that I laid the draft regulations last April, and I pledged to continue to work with the agricultural sector, as I've done for the last five years, to come forward with improvements to those incidents. You will remember that I worked particularly with NFU Cymru to bring forward a voluntary scheme. It's always much better if you can do things on a voluntary basis. But, I'm afraid, that's failed. So, I laid the draft regulations last April. I said I wouldn't bring them into force straight away and, whilst, of course, we are still in the COVID-19 pandemic, we are in a different place. We are looking to a green recovery, and the agricultural sector are very much part of that green recovery. They want to be part of that green recovery—they tell me that and I will work with them to do that. 

I also thought it was important to wait until the EU transition had happened and to see what it would be like coming out of Europe. The market is buoyant. That is another reason why I think the sector are able to cope with these regulations at the moment. 

Thank you, Minister. But, I have to say, it's quite insulting to all our farmers to say that the voluntary scheme hasn't worked. Now, the First Minister is also out of touch, because he responded yesterday, stating,

'we've seen no diminution in the rate of agricultural pollution'. 

Clearly, then, he's not even read your statement, in which you fully acknowledge that there has been progress. In fact, NRW has spoken of a steady decline in pollution incidents. The risk is reducing. Yet, regulation 4 shows you don't believe that farmers are capable of knowing how much nitrogen to apply to their holding, and regulation 15 shows you don't believe farmers are capable of using appropriate equipment. Numerous regulations, including 34 to 37, 40 to 43, show that you want to see our farmers now bogged down in paperwork. Regulation 29 sees you demanding that farmers provide storage for all slurry produced in the five to six-month storage period. You claim that those measures are proportionate, yet NRW have published a map showing that huge swathes of Wales have had zero agricultural incidents to water since 2010. So, therefore, Minister, please explain to me, and all our farmers, how can it be even considered proportionate to so severely limit the farmers' freedom to farm, and, also, have you yourself checked whether the regulations are in breach of the code of practice for regulators and, indeed, the principle of proportionality?

I'm astounded Janet Finch-Saunders thinks the voluntary approach has worked. Over the last 20 years, apart from 2009, we have had well over 100 agricultural pollutions every year—for 20 years. Now, I always believe people don't like being told what to do, and I always think any sector or any industry buys into regulations or legislation, or any other procedures, if they are part of that solution, and that's why I wanted to work with them to come forward with the voluntary approach. As I say, four years ago, I remember sitting at the National Farmers Union conference in Birmingham where I was told, 'Give us six months; we will make this work.' It didn't work. We are still having all these incidents of agricultural pollution year on year, and whilst I absolutely agree with you there is support for the agricultural sector, there is no support, apart from, I can see, Conservative and Plaid Cymru Members who want to annul these regulations, for agricultural pollution. So, over 100 every year for 20 years, and the president of NFU Cymru himself has said one agricultural pollution is one too many. So, how can you possibly justify over 100 per year? This is proportionate. What is really important is that you have a clear regulatory baseline, so that enables the good practice. At the moment, without that clear baseline, unfortunately poor practice is going unchecked. And, of course, it's not every farmer, so what we want to do—. Why should the farmers who do adhere to this be punished? It's about ambition. I've got great ambition for the sector, and I think they will be able to do this. 

Thank you, Minister. What your answer there tells me is that it's not the farmers who've failed; it's 20 years of the Welsh Labour Government who've been unable to work more beneficially for farmers, to work with them to support them, rather than these horrendous restrictions. So severe are they that in addition to being like a criminal electronic tag for farmers, they do come despite the fact that the total income from farming in the UK is expected to be down by around 21 per cent. In fact, your own regulatory impact assessment has calculated that the upfront capital cost could run to £360 million. How on earth do you expect our hardworking farmers to find that, and when the latest total income from farming in Wales was just £261 million? So, will you confirm that the £13 million being made available this year to assist with water quality and farm nutrient management infrastructure is merely a drop of slurry in a very large pit? Can you explain how you believe the industry can afford investment on this grand scale that you expect, and what assessment you've even made of the number of farm businesses, including those tenant farmers, that will now be forced to maybe shut down their operations as a result of these severe and uncompromising regulations? Diolch, Llywydd.

I would turn that question around and say, 'How can they not afford to do this?' I have always maintained we would provide support, both financial and practical. There will be a phased approach for these regulations, and, as I said, many of the farmers are already abiding by these regulations. For many, it won't be any different at all. You may be aware of the dairy project that Natural Resources Wales undertook around visits to dairy farms to have a look at what slurry storage was like, et cetera, and I always made it very clear that we would not give funding to farmers who weren't compliant with the current regulations, and, unfortunately, there have been 780 visits carried out as part of this dairy project and the report up until the end of last year was that at least 50 per cent are not compliant. That's with the current regulations. So, it's really important that you understand the significance of this and I hope that you do not condone the level of agricultural pollution incidents that we are seeing.

Plaid Cymru spokesperson, Llyr Gruffydd.

I've heard it said that you promised seven times not to introduce these NVZ regulations during the pandemic. I've actually found over 10 times where you have explicitly, on the Record to this Plenary or to Senedd committees, made it clear that you would not introduce these regulations during the COVID pandemic. Now, on the very day that the Chief Medical Officer for Wales declared, in a Government briefing, that there was a long way to go until the worst of the COVID pandemic was over, you tabled these regulations. So, you broke your word, Minister. You've misled us all and you've broken your promise to the farmers of Wales, and of course, you're not the only one who has misled us. I've written this morning to the First Minister because he, yesterday, did say on the Record, and I quote:

'We have seen no diminution in the rate of agricultural pollution.'

And the statistics I've seen show that, in reality, the number of substantiated agricultural pollution incidents to water has actually decreased over the past three years—a year-on-year decrease, according to Natural Resources Wales figures, between 2018 and 2020. And conversely, might I say, pollution from the water industry has gone up ever year in that very same period, but of course, it's the farmers that are pummelled again by your Government. Now, doesn't all of this and all of these broken promises and made-up statistics highlight the confused, shambolic and discombobulated way in which you've handled this matter?

I don't agree with you at all, and whilst we did see less agricultural pollution—substantiated ones—last year, you will appreciate that the site visits were not able to be undertaken in the way that they had been in previous years. But I go back to what I was saying: we are seeing, on average, three agricultural pollution incidents a week. I do not believe one second—. I mean, you're the one who is always telling us that we're not going fast enough on the climate emergency. How do you expect us to do that if we are condoning agricultural pollution incidents at this level? 

Now, I have continued to work with the sector. As I said before in my answer to Janet Finch-Saunders, nobody likes being told what to do—I absolutely understand that—and I think I have been incredibly patient, looking for a voluntary approach. I am not the most patient of people, as you yourself know, but I have tried my very best to come forward with the sector, with the farming unions, to find that voluntary approach. And you know, there is a review clause in these regulations, so if people have bright ideas that they can come forward with, bring them forward and let's see if we can continue to look for a different approach. But I'm afraid we cannot justify delaying this any longer. I will not continue to accept three agricultural pollution incidents every week, and I'm sure the Member would agree.

I feel that you haven't been listening to a single word I've been saying for the last two years, Minister. Nobody is denying that there is a problem that needs to be addressed; the issue here is the answer that you're proposing. It just isn't practical and it isn't proportionate and it, frankly, isn't going to work. Evidence from elsewhere around Europe, where the NVZ approach has been adopted, shows that it delivers at best patchy results. Twelve months ago, you admitted yourself that you had doubts about introducing closed periods and the whole farming-by-calendar approach. And in answer to me in the Senedd, you admitted—and we all know, don't we—that weather conditions don't follow the calendar, and that's why at the time, you were rowing back from that position. And we all know that, the weeks before and after what will now be the closed periods that you're introducing, they'll become national slurry-spreading weeks in Wales, and it happens in other countries. Rivers will run black during those weeks, as farmers are forced to clear their slurry stores before a closed period and empty them then when they're overflowing afterwards. Even Tony Juniper, one of the UK's most outstanding environmental champions and chair of Natural England—he said that closed periods do not achieve the best environmental outcomes. Why do you disagree with him?

Well, I'm not aware of the article that you're referring to, but, believe me, I have asked for many, many briefings around this. We have looked at very many different aspects of it, and I think we should also be very clear that the purpose of these regulations is not just to tackle nitrate pollution. Agricultural pollution includes other things, like phosphorus and ammonia and greenhouse gas emissions, for instance. I do think it will be targeted at farm practices. We are seeing agricultural pollution incidents right across Wales, not just in certain areas of Wales. And if you look at what other UK countries are doing, they have different designated areas, if you like—I've had that thrown at me as well—but if you look at what they're doing in relation to all the agricultural pollution, you will see that things are very similar.

Well, NRW threw that one at you and you chose to ignore them, because they suggested an 8 per cent coverage for NVZs. It suits you sometimes to listen to their advice, but other times not, evidently.

Look, this latest episode, I would say, represents the final breakdown in the relationship between your Government and the agricultural community, because time and time again you've been more interested in pointing the finger of blame than genuinely working constructively with the sector to truly co-design a more sustainable approach. You seem to blaming the agricultural community for all of society's ills, and that really has to stop. You might find farmers a problem; I see farmers as a big part of the answer. So, would you agree with me that if we are to successfully tackle this problem, then we need everyone working together and pulling in the same direction? And would you also agree with me that this whole debacle represents an irreparable breakdown in relationship between your Government and the sector, and the only way now that that can be rectified is through a change of Government in May?

Not at all. I've already met with representatives from both the farming unions since last week, so I can assure you that that absolutely hasn't happened. What I think is that every Member of this Senedd should be standing together to address this significant problem, no matter which sector or industry is involved. I've done all I can to support the agricultural sector, and I will continue to do that. I'm very proud of what our farmers have done in relation to feeding the nation, for instance, during the pandemic, but I do not know why you and other Members of your party and other Members of this Senedd would condone such a high number of agricultural pollution incidents. I really do not understand why, on the one hand, you bang on about your green credentials, and on the other, you condone these levels of agricultural pollution.