Laois councillors demand amnesty on claimed shock ban of agricultural burning

An unexpected law change making it now illegal for farmers to burn bushes has Laois councillors up in arms.

All 18 councillors are demanding that the law be changed back, with several claiming that alternatives will also pollute the environment.

They want Minister for Agriculture Charlie McConalogue and Minister for the Environment Eamon Ryan to make an exemption for this spring, with piles of waste already cut and gathered on Laois farms to be burnt.

They also had helped farmers to fill out forms to permit the burning and now say the change has left them "hung out" after being inundated with calls. 

"All farmers have been told there's no more burning bushes. In the name of God where did this come from? What else did you do in your life other than burn? We never knew anything was taking place" said Cllr Willie Aird, a dairy farmer.

"I can't believe that Charlie McConalogue signed this, it's political suicide," he added.

Cllr Ollie Clooney is also a farmer.

"It's unworkable. It takes that long to dry bushes. A lot of heaps are left. It will have to be changed and absolution given at least for the short term. I've bushes myself, unless I turn them into an archeological site," he said.

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He warned that the burning can be policed by satellite.

"They know the parcels of land and farmers will suffer, it will be easily picked up," he said.

Cllr John King predicted that lands will become wild.

"It is shocking news. Farmers in tillage always trim in winter. It was working well. You'll have wildlife and foxes, it will go back to the wild west. It's backwards we're going," he said.

"This is the green tail wagging the dog. Two years ago people were stopped from bringing in turf on their own bogs. We can't change the law but the Minister can," Cllr Caroline Dwane Stanley said.

"Invite the Minister down to face the onslaught, he needs to come out of Kildare Street," said another councillor. 

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On January 1 2022, a nationwide Irish legal exemption that had been extended every year for a decade allowing farmers to burn green waste like bush and tree trimmings unexpectedly ended. 

The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 prevents anyone from burning outdoors. Farmers could now be reported and pay a callout by the fire service if they light what are now illegal bonfires on their land.

The change is a shock not just to Laois farmers and councillors, but to Laois County Council.

Director of Services Simon Walton said that he only became aware of the law change on January 25, but emphasised that it is now illegal for farmers to burn this waste.

The CEO Cllr John Mulholland said they have been given no extra money to police the law.

"We have quite a range of environmental laws to monitor and enforce, smoky coal and so on. We have not been provided with any additional resources. But if any householder knows the law, they can report to us and action must be taken. The council is obliged by law to respond," Mr Mulholland said.

Cllr Willie Aird a farmer asked what would happen if farmers go ahead and burn anyway.

"Who'll police that? You're hardly going to send out people?" he asked.

"It's the law of the land," Mr Walton told him. 

He admitted that if as is suggested farmers transport all their green waste to Kyletalesha landfill, it would be "completely overwhelmed".

Cllr Padraig Fleming said that it would be "stockpiled 50 feet in the sky".

"This is totally about the environment but what about the diesel to transport it?" he said.

Cllr PJ Kelly estimated it will cost him €3,000 to bring his green waste to the landfill.

"It would be nearly cheaper to set fire to it and pay the cost of the fire brigade," he said.

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Cllr Paddy Bracken said it was "clean burning".

"It is very clean burning in terms of the environmental impact. It's going backwards. Farmers are very responsible. There should be an exemption with the pressure they are under. The cost of fertilizer is €1,000 a tonne now," he said.

Cllr John King also argued that using a shredder instead to spread the green waste would be "polluting the area".

Cllr Catherine Fitzgerald proposed that they ask the three local TDs, Charlie Flanagan, Sean Fleming and Brian Stanley to meet them and raise it in the Dáil. A letter is also to be sent to the Minister.