The following notes were drawn up under legal advice. The information may be extremely helpful to producers who are affected by the MAFF contiguous cull policy, and who feel that culling is not justified in their particular case.
Guidance notes for contiguous cull:
1. Nobody has any wish to disrupt MAFF's attack on the spread of this disease, and therefore farmers with livestock out at pasture (or in sheds) directly next door to a field or shed upon which there has been an outbreak obviously have to accept the inevitable and co-operate with MAFF in every way (sadly, this includes culling).
2. But where healthy stock are a long distance (between half and two miles) from an outbreak; AND/OR there is woodland or arable or 'empty' (i.e. ungrazed) land inbetween; AND/OR their stock are held in separate blocks; AND/OR they are organic, in-conversion, a rare breed, etc. a farmer has some lawful rights and procedures and options:
First, they should send a written Appeal against culling to MAFF locally,
regionally and in London;
Second, they should urgently contact their MP and ask for their MP to
take up the matter personally with the Minister's staff in Whitehall;
Third, MAFF have themselves confirmed to me today that the official policy
is still that once there is an outbreak, neighbouring farms should be served
at least a Form D and put onto the 48hr vet inspection programme. This has not
been happening, but it should be and so farmers can query why not. This
will probably result in them being put onto the inspection programme;
Fourth, no farmer should allow himself to be bounced into a cull before
his stock have been inspected, and before his appeal has been determined. The
Army will not become involved where an appeal is still outstanding, nor (it
seems) where no Form (of any type) not served and no veterinary inspections
yet occurred;
Fifth, I gather farmers are within their rights to ask for a blood test
on their healthy stock, and culling should not occur in healthy stock until
the results are back from the lab;
Sixth, farmers can appoint their own specialist valuer, and this can
sometimes take time;
Seventh, if all else fails, under the law behind the policy (Animal Health
Act 1981, Schedule 3), MAFF have to give clear written veterinary reasons and
justifications why they consider the farmers healthy stock "to have been
exposed to an infected animal" and so the farmer should ask for
this. His stock should not be culled until a full written reasonable and acceptable
statement has been provided by MAFF (i.e not just a standard paragraph).
Ensure you are NEVER alone without a witness.Demand written proof that they, BY NAME, have authority to cross a quarantine line legally imposed.
Make sure you have a camera and plenty of film.
Record ALL conversations. [Hand held recorder about £25 at Dixons, Currys, etc.]
Ask for id.
Insist on writing out ALL details from id. telling them it may well be used for prosecution later.
Take your time.
Demand to look up every word they speak, or have written on a form, which has more than six letters or two syllables in a dictionary - you are but a humble farmer and this is legal language!!
If you are a Welsh speaker demand, under The Welsh Language Act, that they conduct ALL interviews in Welsh and ALL forms and id are written in Welsh.
Establish that you are a British citisen and a subject of Her Majesty The Queen and you do not recognise the authority of a Foreign and alien Power in Britain. Remind them that the British Government is not acting for the British peoples but on the instructions of the European Union.
Make sure you have the phone numbers of sympathetic people in the area who could come and visit you causing a terrible traffic jam. This is NOT obstruction if they are actively trying to get somewhere.
A large tractor and trailer stuck in a ditch is NOT obstruction if it got there by accident!
A puncture on a lorry is NOT a criminal action.
Leave a lorry with flat tyres across any private drive with a notice 'KEEP OUT DUE TO THE RISK OF CARRYING F&M'
Demand they sign the written data as a true and accurate Copy of their id.
Insist the signature is EXACTLY as on the id.
If their id is unsigned or has no photo insist on them providing two utility bills addressed to them.
SHOULD BE DARK BY NOW!!
Insist on a separate piece of paper relative to EACH animal.
Insist on id -full data - signed, on each animal.
Keep photographing.
Inform them clearly their action is illegal.
Quote them the precedent of the Dutch Court.
Point out that the UK Parliament has NO power under the EUropean Communities Act of 1972 to act outside EU law and a EU Court has endorsed refusal.
Write this out in full as a caution and insist each individual from MAFF, Police etc. signs a separate copy.
Point out that breaking the law is a criminal offence and the defence that you were acting on orders is no personal protection. This is a proven factor of International Law established at The Nurenberg Trials.
Warn them that they are personally, jointly and severally, risking their home and other assets when damages are awarded by the International Courts and a warrant or instruction from a British Court or so called authority iwill not protect them as British Law is irrelevant because the Government signed away the right to make or enforce law to the EU.
Write this out and obtain signatures.
If pos. put your animals in a LOCKED building/shed.
Force them to break in.
Keep photographing.
If you run out of ideas ask to 'phone a friend'!!!
If they try to insist on slaughter:
Demand to see their slaughterman's license.
Demand a vet is present.
Demand to see the vet's qualification / degree certificate.
Demand to see the license for the bolt gun.
Demand to see a certificate from safety standards that the bolt gun has been checked as A1 in the last 12 months.
NO COURT in Britain has legitimised the killing of uninfected animals to my knowledge.
Demand a test before they can act, a test to show Positive or Negative Has the animal anti bodies?
You ARE acting within the law if you use such necessary force as is required to prevent a criminal action.
Lock any trespassers in a barn or secure room.
Lock any individuals wishing to carry out a criminal act up.
Phone the police though you may have difficulty getting through! due to the undermaning brought about by the present Government!
Since the individuals are armed to kill animals if they threaten you would of course be within your rights to use all necessary action to protect yourself from these armed intruders!
For legal reasons you will appreciate the above is NOT advice merely comment!!
Regards,
Greg
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