Originally from: Pat Gardiner
                        
Thanks Joyce

I've taken soundings all over the country.

It is clear that smallholders do believe that they are being unfairly targeted for these tests and that many have been refusing co-operation.

It is not clear why Maff-Defra should be doing this, but it would seem to me that, if there is a requirement for the tests to be random, a selection process is likely to be breaching international obligation and agreements perhaps to the OIE. Depending on what happens next, I will investigate and complain to the appropriate international authorities. (Recall we do know that the President of the OIE was reported as being very unhappy with the British attitude on making PMWS a notifiable disease, several years ago.)

The phrasing of the letter from Defra seems to suggest that they can't force smallholders – farmers to co-operate, if they could you would have expected the letter to be thick with warnings of criminal prosecution in their normal charming style.

However, the phrasing is subtly different than previous editions – and there have been changes to the law which effectively make it a criminal act to seek the protection of the Courts, so caution seems advisable.

Their methodology seems to be to send a letter, then follow up very quickly on the telephone. These unrecorded calls are thick with menace, appeals to "help British farming, and, if necessary, threats. The deduction I draw is that they don't like to leave a written trace of their activities, which, as usual, are of doubtful legality.

Anyway here is my reply, a second copy posted today, recorded delivery.

Address Removed
 
26 June 2004
Ref: 28/118/0057
 
Defra
State Veterinary Service
Southgate Street
Bury St. Edmunds
Suffolk, IP33 2BD
 
Attn: Mr A N Christie \x{2013} Divisional Veterinary Manager
 
RECORDED DELIVERY
 
Dear Sirs
 
2004 NATIONAL SURVEY FOR BRUCELLOSIS AND CONTAGIOUS AGALACTIA IN SHEEP AND GOATS
 
We refer to your letter dated 24 June 2004 in respect of the above.
 
We would remind you that you have randomly selected us before and a complaint was made then to the Speaker of the House of Commons, as is our right as witnesses to the Agriculture Select Committee.
 
As you will know, we have few sheep, currently two ewes and five lambs.
 
Your last clause suggests that we have the legal right to refuse or that you do not intend to enforce any legal prerogative. On the assumption that this is so, we formally refuse.
 
If you do intend to invoke the law to enforce testing, full co-operation will be given \x{201C}under protest\x{201D} and appropriate legal action, through due legal process or otherwise, taken after the event.
 
Please do not telephone us. For the avoidance of doubt, all communications should be in writing.
 
Would you please note that a further copy of this letter will be sent to you by recorded delivery next week.
 
Yours faithfully
 
 
 

Regards Pat Gardiner
www.go-self-sufficient.com