Farmers are getting off scot-free, even though they are not complying with the applicable legislation. In six different rulings, judges have not imposed any punishment on farmers for the violations that were found. The judges did so because of what they consider to be the erratic government policy. In our column 'Nitrogen Mood' we provide our own interpretation of the nitrogen debate and related matters.
Willem Bruil, retired professor of agricultural law, calls the rulings 'very satisfying and fair'. He also does not want to talk about fraudulent farmers, because in his opinion they are often at their wits' end.
Balm for the soul
For many farmers this is balm for their souls, because how often does the government change the manure regulations and other agricultural legislation; it is maddening. Non-farmers often have no idea. Judges may not and cannot change the rules, but a little less compliance with the bureaucratic regulation madness and a little more judicial disobedience is really refreshing.
Of course, there are also legal scholars who see it differently and there are enough media that know how to find people to speak shame of what the judges have done with the above-mentioned cases. Still, it might be something for the government to think about. Less bureaucracy does not only mean making fewer rules, but also making new rules less often.
OM may look broader
That is of course a shame for all those civil servants who will no longer have much to do, but on the other hand there is still a shortage on the labour market and alternative jobs can be found.
The Public Prosecution Service, which issues guidelines for judges in various sub-areas of the judiciary, could look at the consistency of the (criminal) legislation in other sub-areas of agriculture and draw conclusions from that. For example, what to think of the fact that the group of PAS reporters are further in violation every year because Aerius is being tightened up and redemption for them is therefore becoming increasingly out of sight. Could they not at least be assessed on the reference date and guided from there?
Milk production stop
Manure legislation was also a much-discussed topic in the House of Representatives this week. This has been written about before. NSC Member of Parliament Holman, contrary to what he initially had us believe, did not push the matter to a head within the four governing parties. Nevertheless, a solution to the manure problem is not yet within reach. However, through all sorts of back doors, a group of agricultural interest groups from the dairy farming and dairy industry dropped a plan to temporarily, and with government support, take tens of thousands of cows out of production. Higher manure standards should also be possible outside NV areas.
It is a daring plan, especially because of the latter, because the question is whether the European Commission can agree to it. And yet more money for production restrictions may not be easy for the government either. More clarity on this should come in the coming weeks. The collaborating organisations could find support for their plan from the PvdD, but they actually prefer a breeding ban.
Speed and simplicity
Early November there will be another big manure debate. The ministry of LVVN and the House of Representatives want to keep up the momentum and quickly find a solution for the reported overproduction of manure. It will be a tough job. Let's hope that, if a way out is found, this will not become another regulatory monstrosity, as has so often been the case in recent years. Then the Dutch judges will have even more work to do in acquitting farmers.