Dear Mr Kirby
Re: Live exports can be stopped, and the law can be changed.
Recent statistics have revealed that in 2012 over 47,000 young calves and sheep were exported from the UK live on long grueling journeys to fattening farms and slaughterhouses abroad. These journeys cause huge amounts of suffering and are totally unnecessary.
As you may be aware, campaigners have called for amendments to the Harbours, Docks and Piers Clauses Act (1847) to allow individual ports in the UK to refuse the export trade in live farm animals. However, the UK Government has taken absolutely no action to stop this cruel trade and instead hides behind EU legislation. Inaction is not an option, while thousands of animals suffer needlessly.
Defra Minister George Eustice has said “Achieving a ban [on live exports] by means of amending national legislation to allow port authorities to restrict trade as they see fit would … be illegal under EU free trade rules.”
It is true that this is a complex area of law, but I believe that the government would have a reasonable argument if it made amendments to the 1847 Act and was challenged under EU law. This case is not as simple as Defra portrays it to be; a court may conclude that no breach of EU law on free movement is involved in amending the 1847 Act to enable individual ports to choose not to allow their facilities to be used for live exports. The problem here is lack of political will.
Examples of earlier court cases which are often cited in defence of inaction are arguably of limited relevance. One was only in relation to UK law*; the other revolved around EU law** but predates the enactment of Article 13 of the Treaty on the Functioning of the European Union (Lisbon Treaty) which requires the EU and the Member States, in formulating and implementing EU policy on agriculture, transport and the internal market to “pay full regard to the welfare requirements of animals”.
The UK Government must act as a leader on live exports and amend the 1847 Act. If they are taken to court they should defend the case as vigorously as possible. The Government must take action to stop this trade in line with public opinion that it is inhumane and unnecessary.
As my representative in Parliament I would be grateful if you would press for amendments to the 1847 Act. Please write to George Eustice and urge him to reconsider the blanket-view that this legislation cannot be amended. We must stand up for the thousands of animals that face suffering at the hands of this totally unnecessary trade and fight this case in the European Court if necessary.
Thank you in advance for your time and interest in this matter, which is of great importance to me. I look forward to hearing from you regarding any action you take following my letter.
* R v Dover Harbour Board (ex parte Gilder), R v Associated British Ports ex parte Plymouth City Council
** C - 1/96 R v MAFF ex parte CIWF
Yours sincerely
Michael J Sumner
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