Laois farming councillor slams wetland scheme as 'land grab' by the state

A Laois councillor has accused the state of a "land grab" over new EU rules to protect wetlands and peatland bogs in the light of climate change.

Cllr Paddy Buggy who represents Portlaoise Municipal District is unhappy that his own farm at Kyletalesha between Portlaoise and Mountmellick, has been reclassified as protected peatland.

He protests that the 'nonsense' maps used by the Department of Agriculture are 60 years out of date and his lands are no longer wetland. 

"No amount of wetting will turn them back into peatland", the Fine Gael councillor asserts.

"The land usage has changed, lands that were peaty are now mineral soil due to modern farming practices. Last year a Department scheme to carry out soil samples on my farm found that I have a mineral soil but two weeks ago the same land was classed as GAEC 2.

"The only part of the land not included was where the River Triogue used to meander before the river was straightened which is more than 60 years ago, that shows how much out of date the data being used by the Department is," Cllr Buggy said. 

"Although the current constraints may not appear too bad, they are the thin end of the wedge and over coming years these will be increased at the whim of a bureaucrat in Brussels leading to greatly reduced farming activity on the land," he claimed.

"This devalues the land and is in effect a land grab by the state with no compensation to the affected landowners," Cllr Buggy said.

He wants an appeals process.

He tabled a motion to the May meeting of Laois County Council, asking that it request Minister for Agriculture Martin Heydon to "immediately establish an appeals mechanism for those farmers who believe their land is incorrectly included in GAEC 2".

Cllr John King seconded the motion.

"Smaller farmers work hard and got finance to expand. Anyone who has a piece of wetland will want to drain it to make the most of their land, they don't want to be stopped. I do support good farming practice but it has to suit the farmer," Cllr King said.

Read also: Future of Farming up for debate on Laois farm

Cllr Tommy Mulligan said that if the decisions are based on outdated maps, "where livelihoods are at stake", appeals should be permitted.

The Fine Gael councillor says it puts his and other farmers' CAP payment at risk if he does not follow new rules limiting drainage and ploughing. He claims that GAEC 2 affects 30% of Laois farmers.

The GAEC rules standard came into force in May, protecting land with areas of 50% or more of peat soil.

"The department said it 'provides for a baseline protection for carbon-rich soils, including peatlands and wetlands, while allowing agricultural activity to continue'. Normal ploughing, reseeding and maintenance of existing drains is allowed.

He said deepening or extending drains is not allowed, and shallow ploughing is permitted on arable crops once a year, but grassland can only be ploughed every four years.

The Department of Agriculture says that GAEC 2 is a mandatory condition of the payment of the Basic Income Support for farmers (BISS). Its objective is to protect wetlands and peatlands – high carbon soils. EU Regulations require all Member States to have the standard in place from the start of 2025.

"Climate change (mitigation and adaptation) is the main environmental issue this standard aims to address through ‘Protection of carbon-rich soils’.  It is well-recognised that high carbon soils are important stores or “sinks” for carbon. At approximately, 20% of the country, these sinks are akin to Ireland’s rainforests and thus must be protected.

"Activities such as drainage and deep ploughing can impact the integrity of these stores, causing the release of carbon. In addition, wetlands and peatlands are very valuable ecosystems for habitat, biodiversity, water quality and the protection and quality of soil," it states.