On the night of April 23, 2021, a farmer in Co. Kerry stayed up late tending to calving cows – a very normal part of his work routine.

The cattle appeared well and there were no other “visible signs” of anything unusual occurring on his farm.

But unfortunately, only hours later, a fire entered his land early on the morning of April 24.

“There was a very strong southeasterly breeze blowing that night which probably fanned the flames in the direction of our property,” he told Agriland.

He assisted the local fire brigade in assessing the situation and it was decided that the service would prioritise fire that was burning in areas adjacent to forestry, especially due to many members being occupied with “a lot of other fire activity in the Killarney and Brosna areas” of the county that weekend.

‘You work with nature’

“We monitored the fire ourselves and it eventually ran out and died out,” the farmer continued.

“We were in no way responsible for starting or spreading the fire that entered my property.

“I’m always conscious of the fire burning season and after March 1, it’s the nesting season for birds and wildlife. You work with nature and you live with nature.

“It’s disappointing from that point of view to see the damage that’s done. The fire was out of control, there was nothing one could do to prevent it in the first place from entering your property and in the second place from trying to control it until such a time it ran out of fuel.”

Despite not starting or contributing to the fire, the Department of Agriculture has said that the sizeable amount of land that has been burned is not eligible for payment under the Basic Payment Scheme (BPS). He is also incurring a penalty for the burned land.

The farmer asked: “How can someone be responsible for something completely out of their control?”

‘Left to pick up the pieces’

Kerry TD Michael Healy Rae has described this as an “outrage”. He said he has heard from a number of farmers in similar situations, particularly those whose lands were damaged as a result of the Killarney National Park fire in April.

“It’s not my first time coming across it, I’ve had situations like it with farmers in the past. What has to happen here is common sense has to prevail,” the deputy said.

“The department will have to realise that if a farmer is not in any way responsible for a fire, why in the name of God should they have a penalty put on them?

“It just does not make sense. Why should the innocent farmer be left to pick up the pieces and pick up the cost?

“In many cases, the farmer was fighting it – putting themselves in danger which we’re all the time telling farmers not to do.

“I’d like to get the message out to people not to take this lying down.

“It’s absolutely ridiculous. I’m really deeply upset over what’s happened. It is so wrong.”

‘Wildfires can have catastrophic impacts’

It is an offence under Section 40 of the Wildlife Act 1976 (amended by Section 46 of the Wildlife Act 2000) to burn, from March 1 to August 31 in any year, any vegetation growing on any land not then cultivated.

Where land has been burned between these two dates, it is not eligible for payment under the BPS.

Meanwhile, the department notes that wildfires are generally “the result of either unforeseen or careless actions”.

“Wildfires can have catastrophic impacts on upland habitats and rural communities, putting homes, property and lives at risk and diverting emergency services from their main tasks.”