Sheep hauliers face ban
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• Livestock hauliers face a total ban on the export of live sheep to the Continent, despite the fact that the RSPCA has already failed to win judicial backing for such a ban during the violent protests by French farmers. Justice McPherson said that the remedy was not to be found in the English legal system, but by political and diplomatic means, or at the European Court.
But yesterday (26 September) the RSPCA was due to try again with an appeal against that decision in the High Court.
The RSPCA is adamant that Agriculture Minister John Gummer has a duty to protect British livestock from unnecessary suffering under EC Article 36, which allows suspension of normal trading if human, animal or plant life is endangered.
The society is concerned about attacks on livestock by French farmers which in one of the worst incidents, led to 386 British lambs slaughtered at Poitiers and burned in the town centre (CM 13-19 September).
The court appeal is in partnership with the pressure group Compassion in World Farming. Both groups believe the first application for a ban failed because the judge thought they were seeking too wide an order as not all livestock consignments are at risk. They hope that the appeal will lead to a full judicial review "to decide whether the minister can bring in this ban".
Plowman Hauliers of Suttonon-Forest was the victim of the Poitiers sheep-burning incident. But its transport manager, Peter Howorth, objects to the RSPCA attempt to curtail trade: "If they had their way we wouldn't be eating meat anyway," he says, "but it's up to individual hauliers whether they want to carry livestock."
The National Farmers Union doubts if the RSPCA can win a ban, but admits the consequences for the meat trade would be "damaging" if one was granted because 75% of livestock exports are to France. The French government has promised to pay "full compensation" to British hauliers who have suffered losses but has not yet explained how they should apply for the money.
The Ministry of Agriculture, Fisheries and Food told Commercial Motor that it was a matter for the French government and suggested that hauliers should contact the French Embassy. The French Embassy referred CM to the French Commercial Office — which said it was only responsible for the export of French goods to the UK.
The Road Haulage Association is not surprised by the confusion: "We are awaiting clarification," it says.