The Commissioner for Environmental Information has ordered the release of information on "inspections in relation to the cross-compliance requirements" on one dairy farm in Co. Wexford.

According to Commissioner Ger Deering disclosure of the information would "provide the public with an awareness of this farm’s compliance with its legal and regulatory obligations under the Basic Payment Scheme".

The commissioner also believes it "would lead to a greater awareness of environmental matters".

Commissioner Deering made the ruling following an initial request submitted by Eoin Brady to the Department of Agriculture, Food and the Marine (DAFM) requesting information on a number of matters "in relation to a named farmer’s folio" in March 2022.

He requested all information submitted by this farmer to DAFM in respect of "any information held in relation to any application for a nitrates derogation license in respect of this farm" and in relation to "cross-compliance of the said farm with the requirements of the Basic Payment Scheme".

Brady claimed that at the time he made his request to DAFM that "significant levels of coliform bacteria" had been recorded in a private drinking well beside the farm in question and that at the time the request was made Wexford County Council were in the process of prosecuting this farmer for failure to comply with an Enforcement Notice in Wexford District Court.

Commissioner

Commissioner Deering noted that DAFM refused the request for information requested by Brady who then argued that he had "reason to believe the farm in question may be causing environmental pollution, including water pollution".

Brady appealed DAFM's decision to Commissioner Deering's office in May 2022.

In his judgement the commissioner outlined that DAFM provided his office with "screen shot" of searches which showed that it had no information regarding a nitrates derogation licence for the individual farm in question.

However the commissioner also concluded "that the activity at issue - this farm’s compliance with the cross-compliance requirements of the Basic Payment Scheme– is both designed to protect the environment, and most likely capable of effecting the environment".

The commissioner also refuted DAFM's position that records identified in relation to Brady's request, produced as result of inspections carried out for Cross Compliance Requirements Statutory Management Requirement 7 (cattle identification and registration) – were "not environmental information".

"I am persuaded that there is a real and substantial possibility that the compliance of this farm with that specific Cross Compliance SMR 7 requirement would likely be capable of effecting the environment –not least because the accuracy of cattle traceability impacts on emission calculations and disease control, amongst other things," he stated.

According to the commissioner the information sought by Brady “on the cross compliance of this farm of the requirements of the Basic Payment Scheme, is environmental information".

He believes there "is general interest in the disclosure of information regarding the compliance of those in receipt of the Basic Payment Scheme, with the cross-compliance requirements".

"The disclosure of the records would, at a minimum, allow the public to know whether this farm has been subject to inspections in relation to the cross-compliance requirements – and if so, what part of the cross-compliance requirements such inspections related to, their outcomes and any remedial action taken," the commissioner stated.

As a result he ruled that there was "considerable public interest in the release of the information at issue". 

Commissioner Deering has now directed DAFM to release "the information in scope of the appellant’s (Brady) request".