“ATROCIOUS” ground conditions as a result of incessant wet weather are “forcing farmers into a corner” in order to comply with calendar farming deadlines.
That was the sentiment of many farmers in Fermanagh as they struggled to get their slurry out ahead of the closed period deadline at the weekend.
“EU legislation with regards to farming in Northern Ireland is not fit for purpose any more,” says Maguiresbridge agri-contractor, Barry Read.
“Calendar farming is not really a practical solution for agriculture in modern day farming. Often, our winters are drier than our summers now.
“EU legislation means we all have to tow the line. But what is applicable to Eastern Germany isn’t necessarily applicable to the West of Ireland. 
“I think, personally, the quicker we get out of Europe, the better.”
Although regulations state that slurry should have been out by Sunday at the latest, in light of this year’s particularly bad weather, farmers have been encouraged to consider safely spreading slurry under the ‘reasonable excuse’ clause in the Northern Ireland Nitrates Action Programme (NAP). The Ulster Farmers’ Union (UFU) has been increasing public awareness of the clause.
However, according to Florencecourt farmer, David Brown, many fear that adopting the approach will leave them open to a farm inspection.
“It’s not the first time farmers have placed themselves at risk in the last few days before the [slurry] deadline,” says Mr. Brown.
“But one of the things I have heard at the Farmers’ Union meetings recently is that men are going out and putting slurry on to long grass in the fields. They can’t get their third cut or even second cut in. But they are putting slurry on top of long grass just to meet a deadline.
“To say that ground conditions haven’t been ideal this year would be an understatement -- they have been atrocious.
“But I think the fear most farmers have is that if they do use the ‘exceptional circumstances’ clause, they will end up having an inspection. The truth be told, it forces them into a corner where they feel under pressure to put out slurry by the calendar date.”
The UFU have created a ‘template’ detailing the information farmers are required to record to prove their exceptional circumstances.
“You have to show that you have exhausted every other possible option,” says Mr. Brown, “But really, all options have been exhausted this year. You have to show photographs of your grass not cut, proof that your cattle have been housed earlier than normal.
“In reality most cattle have been in the sheds at least six weeks earlier than usual.
“A lot of farmers thought the weather would have settled down in October like it did las year, but that just hasn’t happened, and the cattle never got out again.”
The Department of Agriculture, Environment and Rural Affairs (DAERA) issued information in relation to the clause stating that a “limited amount of slurry can be spread during the closed period”.
“If slurry must be spread during this time, evidence should be available to demonstrate to NIEA that all reasonable steps were taken to manage the situation, and that there was no alternative.  
“If slurry has to be spread under exceptional circumstances, it should be on low-risk land and all usual spreading conditions followed,” it advised.
Mr. Brown said he was aware that the pressures to comply with regulations had placed a considerable degree of “emotional stress” upon farmers.
“It is very difficult to abide by the rules at the moment when every environmental aspect of farming has you forced into a corner,” he said, “It is going to be a long winter for many farmers.
“I read at the weekend that the number of calls to Rural Support has more than doubled in the last six weeks. That is down to emotional stress.
“I don’t think there are too many farmers in the position to plan or prepare for a nine month winter.”
As an agri-contractor, Mr. Read says 75 per cent of his customers this year haven’t been able to get all their silage in. “That means that the majority of my customers all fit into that ‘exceptional circumstances’ category,” he says.
The UFU says it has been “inundated with calls from farmers in the run up to the calendar deadline. 
“The reasonable excuse clause is as a last resort,” said President Barclay Bell, “No farmer wants to risk their basic payment by spreading slurry during the closed period. However, the current ground and weather conditions are making compliance impossible and some farmers may be left with no other choice. 
“Farming by calendar dates poses a real challenge when it comes to the practicalities of running a farm and unpredictable weather.”