Dear Mary
 
The new window on contig cull is really helpful. 
 
In item 3, last sentence (in bold) it says there isn't a paper trail...
3. Telegraph April 13 2002 ~ "....British MEPs accused the ministers of misleading the committee about the legality of the cull, saying British law authorises only the slaughter of infected livestock or those exposed to the disease. By the Government's own definition, the cull covered animals that were not exposed.
The law has never been tested fully in the British courts, though Grunty the Pig was famously saved from execution last year after a judge ruled that the Government did not have authority to carry out "blanket slaughter".
As for EU law, which has primacy, it permits "monitoring and inspection" of contiguous areas up to three kilometres. It does not authorise mass slaughter, and certainly not as far away as 22 miles.
There is no paper trail indicating that the Government requested the necessary authorisation from Brussels for emergency measures on a mass scale. ..."
 
There is certainly some record of the intention to cull the 3 km+ zones - see the proposal that the UK put to the EU SVC meeting  27/28 March 2001.  Below are brief notes I made ages ago for a diary entry.  The link should work, but I can send you the pdf file if it doesn't.
 

March 27-28 2001

EU SVC meeting. Short Report of the SVC (2001/14) Brussels SANCO E.2(01)D/21089

http://europa.eu.int/comm/food/fs/rc/svc/rap57_en.pdf

UK delegation submitted report (see Annex 1) on UK outbreak, as of March 26. In the section "Future controls" (Item 4.4 page 9 of Annex 1) it proposes in southern Scotland and northern England a 3 km cull of all sheep and pigs around all IPs.

In Devon the topography and farm structure "not suited" to a large scale preventive slaughter campaign", "although individual farms or areas could be cleared on a case by case basis". Proposed foot patrols by vets in 3 km areas around IPs. Also kill all Longtown, Welshpool and Northampton market sheep as DCs.

NB: UK application to vaccinate. Approved, but despite this Member States are still convinced that stamping out and movement control are the appropriate measures. (See main text Item 3 page 2).