N.B. The ARC-Addington Fund, which helps farmers and others dependent on agriculture for a living is changing its telephone number . From August 20 anyone wishing to make a donation or apply for assistance should telephone 024 7669 0587. The fax number remains 024 7669 6274
July 23 - What are the first steps if you are a contiguous farm or "dangerous contact" and you do not want your animals killed.
What are sensible things to do with regard to so called "bio-security"?
Farmer Andrew Byron's simple advice about bloodtesting
ADVICE ( pages can be printed out)CLICK HERE
Financial help:" Eventually I swallowed my pride and applied to the RABI http://www.rabi.org.uk/Promote.html
and the Addington fund
http://www.arthurrankcentre.org.uk/article.php?sid=22&mode=thread&order=0&th old=0 and I am most grateful for the help they have given me.
Also the Rural Stress network has been most supportive." http://www.ruralnet.org.uk/~rusin/
Print out the letter from Stephen Smith QCabout the implications for farmers from the Upton v. Defra case in June at the High Court.
Print out this declaration-for officials to sign confirming that you are giving permission for entry (under certain conditions) for inspection only. You do not give permission for healthy animals to be killed.
See also unorthodox advice below...
Problems with Money? Mr. Michael Leigh at Bank Mediation Services. Michael has kindly agreed to deal with any farmer facing Bank/Building Society problems - free of charge.
Bank Mediation Services are based at 27 Sandiway, Bramhall, Stockport, Cheshire SY7 3BP
Telephone 0161 439 4050
Fax 0161 439 4244
Michael's mobile number is 07958 582280.
website www.bankproblem.co.uk Michael will chat to anyone who is in trouble financially -"just to talk about the problem can help". and then he can get cracking on the Banks etc to stop further harassment/nasty letters/aggro. If you'd like further information, please contact the website.
The Things they Say...
Defra/Maff officials may say: "Your neighbours will never forgive you if you refuse to allow your healthy animals to be killed. What if they then get the disease?"
Please remember that very few of these officials understand the science. Their leaders seem to have accepted the contiguous cull without question. They have refused to listen to the veterinary advice of experts in the disease -such as Dr Donaldson, Paul Kitching, Professor Brown. These eminent men have shown the contiguous cull policy to be ill-advised.
Defra/Maff officials may say: "If you don't let us kill your animals you won't get any compensation if we have to kill them later."Whatever the motive of the official who repeats this , the statement is untrue. See below.
Maff?Defra may say:" We will let you keep some animals (e.g. cattle) if you allow us to kill your sheep now"There is no scientific reason to kill sheep where cattle kept with them show no signs of the disease. Fight this threat and take legal advice.
Finally, Maff/Defra may say:" Many other farmers felt as you do - but now that their animals are safely dead they feel enormous relief from stress."This is the most extraordinary statement of all. Yes, the stress is enormous and totally unwarranted. The cause of the stress is not the disease but the inept, scandalously ignorant behaviour of some officials and the Maff/Defra policy itself. They are NOT the law. They are not above the law.
ADVICE ( pages can be printed out)
June 17th New updated Help pack - from Jane Barribal at Farmtalking.com
Information: serological testing on sheep
MAFF NOTICES explained click here
advice about bloodtesting
(From farmtalking.com Jane Barribal 7th June 2001 ) ~ some farmers have suffered harrassment and intimidation from the MAFF. ... they have been told that if they are unwilling to allow their healthy livestock to be culled as a contiguous/dangerous contact premises, their 'compensation' payment will be withheld if they should become infected. This is simply untrue. Farmers sign a valuation form in the event of their animals becoming infected or contiguous to infected premises. This is for the 'Compulsory Purchase' of their livestock by the Government. Without this signature the animals cannot be slaughtered. The compulsory payment would not be withheld.
A new advice letter to farmers from fellow farmer, Andrew Byron
Useful, printable, leaflet HERE..don't be bullied or blackmailed
Hilary Peters is representing a group in the Dales All farmers are welcome to get in touch with her on 07778 606162.
a list of Solicitors - Jane Barribal at Farmtalking.com refers people who request it and she is there 24/7 available on the phone.01361-850680 or 01361-850282
" I have always managed to locate a Solicitor when needed.If you know someone in trouble get them to phone me or give me their number and I'll call them if they wish.I am also able to put people in touch with Solicitors specialising in consequential loss claims if required" Jane Barribal Farmtalking.com
The experienced Solicitors in England, Scotland and Wales are very willing to help in this situation. The advice they will give you in the initial telephone consultation will be free. For their negotiations with the Ministry, which may involve serveral letters and phone calls, it will cost no more than £250.00 If your case should need to be the subject of a Court Hearing, third party funding is available and these Solicitors will negotiate for that on your behalf.
(If you would like to make a donation towards the Legal costs of those involved - please make your cheque payable to "The Legal Fund" and post it to: Freedom in Action,
32, Addison Grove,
Print out extract from the Vetinerary Record to show that the risks are not what Maff suggest. HERE( If you contact me through the site I can send a pdf version of both articles in full. It is important that your vet reads them if s/he has not already done so. Also the published letters from the same edition (see Menu))
Print out Help Pack HERE
Remember that the Culling of healthy stock is illegal. INSIST on a blood test.
Solicitors: Allayne Addy (Devon) "of the 160 farms she has thus far saved, not one has remained anything other than healthy" A.Addy@stephens-scown.co.uk phone number to follow
Burges Salmon (Bristol) 0117 939
Also Jordons in Ross on Wye - Barbara Jordon (phone number to follow)
Unity Group in Wales (helpful advice from farmers' group) 01938 559000
John Gouriet of Freedom in Action 01984 656256
Owners of Healthy Animals May Resist Their Slaughter - from Hugo Charlton, Barrister at Law
There is no legal authority to enforce a precautionary culling policy. The only basis upon which MAFF can slaughter healthy animals without the permission of the owner is if an animal "is a suspected of being affected........., or has been exposed to the infection, in the same field or otherwise in contact with affected animals, or it seems to the minister that an animal has been in anyway exposed....".
MAFF slaughter is based on the "in any way exposed" argument, and indeed MAFF vets have produced an argument that any animal within a 3 km radius has been so exposed. In my opinion the legislation does not authorise precautionary culling on this basis, and any attempt to do so would be illegal. The phrase "in anyway exposed" has not been defined at law, and in my opinion is not meant to include the remoter risk of long-distance airbourne exposure. On this basis a 3 km limit is purely arbitary.
In any event each case must be considered on an individual basis, and a specific decision in each case by an appropriately qualified official (i.e. a vet). The vet (acting on behalf of the minister if properly authorised) must satisfy himself that the animals in question have indeed been "exposed". Simple enforcement of the 3 km " zone" is not an adequate reason.
In the absence of a specific court order owners of cattle would be entitled to use such force as is necessary to remove trespassers from their land. MAFF officials may enter property to inspect animals, but not to slaughter them unless the conditions outlined above have been met.
In the event that an owner of animals is of the opinion that they have not been "exposed" it is anticipated the police would support his refusal to allow MAFF officials on his land to carry out a slaughter until a court order had been obtained by MAFF.
Hugo Charlton Barrister at law
Read Barry Wilson in British Dairying
Legal Loophole Saves 100 Herds Matt Born - Electronic Telegraph - 12th May 2001
Alayne Addy, who had only been in her job for three weeks when the epidemic began, is estimated to have saved more than 20,000 animals after finding evidence to suggest that up to two-thirds of those culled by the Ministry of Agriculture, Fisheries and Food might have been killed illegally.
Miss Addy's discovery might mean the Government having to pay huge damages to farmers whose herds were illegally culled. The 35-year-old joined the Exeter law firm Stephens and Scown on Feb 1, a day after being made redundant from her job as a legal adviser at the National Farmers' Union of England and Wales.
In an interview with The Daily Telegraph, she said she was amazed to have found that Maff had apparently rushed ahead with the culls without consulting lawyers. Miss Addy started questioning the legality of the culls after being asked for advice by an organic farmer whose herd was facing death.
"We consulted with a barrister who advised us that the policy of continguous culling was unlawful in both UK and EU law," she said. The EU directive allows for compulsory culling of all stock on a farm which tests positive for foot and mouth, but not the slaughter of animals on adjoining holdings. Meanwhile, the two pieces of domestic law which Maff had used to defend the culls were incompatible with the EU law, which took precedence, she said. Miss Addy acknowledged that her arguments have not yet been tested before a judge. But that is because in each of the 106 cases in which she has intervened, Maff has backed off.
"It suggests they are unsure of the legal basis of the continguous culls," she said. Miss Addy, who was born in Cheshire, gained a post-graduate diploma in law at Nottingham Trent University, while working as a farm secretary. She joined the NFU in 1995.
Of the 7,000 properties on which culls have taken place, more than 5,000 were continguous cases. Miss Addy's discovery is likely to prompt a deluge of compensation claims from farmers, with legal action likely to go on for years.
She intends to leave those claims to others. She said: "I'm looking forward to sinking back into oblivion.
Get robust solicitor
Make sure your printer is working
Print off advice from the websites
Join Smartgroups.com (FMDnew)
Don't wait until they arrive please prepare now and if it is all a waste of time wonderful
Position tractor across the main gate buying you time and giving you the first ace.
Have a terrible phone line that crackles and disconnects unaccountably when you accidentally wobble the receiver
Can the sheep dogs help in any way - are they a bit hungry?
Have you family / friends to support you? Organise a help group of 4 to 6 ladies be there for each other, to argue, shout, link arms across a gate,
Practise working the tape recorder, the camera, the video, the notes
Who's got a filthy temper? practise hard mild mannered ones - do not cave in. What is happening is an outrage and you are within your rights to refuse access to your healthy animals by misguided servants of the Death Ministry.