The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

2. Questions to the Counsel General and Minister for European Transition (in respect of his 'law officer' responsibilities) – in the Senedd on 9 February 2021.

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Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

(Translated)

1. What discussions has the Counsel General had with law officers in the UK Government as to the impact of the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 on the operation of the law in England and Wales? OQ56266

Photo of Jeremy Miles Jeremy Miles Labour 3:52, 9 February 2021

Officials attend monthly meetings with UK Government counterparts on policy development in this field. No issues were identified with the operation of the law in England and Wales in relation to these regulations. They will help protect cross-border watercourses, such as the River Wye, from the consequences of agricultural pollution.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 3:53, 9 February 2021

Thank you. According to regulation 46,

'any person who contravenes any provision of these Regulations is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.'

The regulatory impact assessment has calculated that the upfront capital cost could run to £360 million. That's £100 million more than the latest total income from farming in Wales, and your Welsh Government is only covering 3.6 per cent with the £13 million offered. It is completely unreasonable and desperately improportionate. Due to your Welsh Government's actions, farmers from every corner of Wales could be joining the long line of individuals awaiting conviction in magistrates' courts.

Whilst the UK Government is establishing Nightingale courts to help ensure that justice continues to be served during the pandemic, your regulations could cause further pressure. Rather than trying to see farmers deliver further pollution reduction via the threat of conviction, and burdening magistrates, will you encourage the Welsh Government to listen to the recommendations of the Wales Land Management Forum sub-group on agricultural pollution, such as 5.4, which calls for securing a buy-in to a voluntary approach? Thank you. Diolch. 

Photo of Jeremy Miles Jeremy Miles Labour 3:54, 9 February 2021

The regulations are proportionate, in contrast to the implication in the Member's question—

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

I can't hear, sorry. I can't hear you very well.

Photo of Jeremy Miles Jeremy Miles Labour

The regulations are proportionate, in contrast to the implication in the Member's question, as they're targeted at specific activities that cause pollution. They will be introduced over a three-year time frame. In addition to that, whether it's the sustainable production grant or the rural development programme and grant schemes, financial support is being made available in order to support farmers to work towards that new regime, which is important for the support of our environment. And whilst recognising the financial costs incurred in regulation of any new sort, I would remind the Member that it was her party that sought to take £137 million this year out of the pockets of farmers, and it is the Welsh Government, in fact, that's found that money from other sources to make up the difference, to protect farmers from experiencing that financial hit.

Photo of Ann Jones Ann Jones Labour 3:55, 9 February 2021

Question 2, Neil McEvoy. No, I don't think the Member is present. Therefore, question 3, Janet Finch-Saunders.

(Translated)

Question 2 [OQ56263] not asked.