The Department of Housing is planning an external review of the “effectiveness and efficiency” of the penalty regimes used by county councils to keep farmers in line with stocking rates, slurry and fertiliser.

The Department wants to compare two options: penalising Basic Income Support for Sustainability Scheme (BISS) payments or pursuing “convictions, fines and imprisonment”.

Whoever wins the Department’s tender for the review work will also make recommendations to “inform policy and legislative development” on water pollution.

The tender documents state that “anecdotally, some local authorities have indicated a preference to prosecute [breaching farmers] under the Water Pollution Act rather than the GAP regulations”.

The “problems encountered and lessons learned” by local authorities administering the Good Agricultural Practice regulations are also listed for review under the tender.