Why did 51 cattle have to be shot? DAERA faces mounting pressure over cattle cull operation
TUV leader and North Antrim MP Jim Allister KC, and UFU president John McLenaghan
Pressure on DAERA over the euthanising of 51 cattle near Fivemiletown has intensified ahead of a special Stormont meeting, with farming representatives warning the Department cannot be seen to “investigate itself” while North Antrim MP Jim Allister has challenged its interpretation of the court order at the centre of the controversy.
The Ulster Farmers’ Union is calling for an independent expert panel, including agricultural, veterinary, animal welfare and legal specialists from outside DAERA, to support and scrutinise the review into the enforcement operation.
Separately, TUV leader and North Antrim MP Jim Allister KC has argued that the deprivation order issued by the court required the animals to be removed from their owner’s possession and disposed of, but did not legally require DAERA to destroy them.
Both interventions increase the pressure on the Department ahead of an extraordinary meeting of the Northern Ireland Assembly’s Agriculture, Environment and Rural Affairs (AERA) Committee at Stormont on Monday 10 August.
51 cattle euthanised following court order
The controversy centres on DAERA’s enforcement operation near Fivemiletown on 29 and 30 June, during which 51 cattle remaining in the possession of a keeper who had been disqualified for life from keeping animals were euthanised.
The individual had been convicted on 8 June of 21 offences: 13 charges of failing to dispose of an animal carcase, one of failing to comply with an Animal By-Products notice, six of causing unnecessary suffering to an animal and one of failing to produce medicine records.
A deprivation order was subsequently issued by the court.
Agriculture Minister Andrew Muir said in an urgent written statement to the Assembly on Thursday that, although the order had immediate effect, the keeper was given an extended three-week period to sell or otherwise dispose of the animals.
According to DAERA, only a small number were disposed of and 51 remained.
Mr Muir said officials considered the available options before concluding that the Department was left with “no reasonable alternative to comply with the court order, other than to euthanise the animals”.
DAERA has said professional veterinary staff considered removing the cattle from the premises for euthanasia elsewhere but concluded this was not possible because of factors including handling facilities, animal temperament, the stress of handling and transport, and the fact some cattle were horned.
Fifty cattle were euthanised by DAERA’s Humane Slaughter Team on 29 June and the final animal the following morning.
Allister challenges interpretation of court order
Mr Allister has now directly challenged the suggestion that complying with the court order required the cattle to be euthanised.
He drew a distinction between a deprivation order — removing animals from a person’s ownership or possession — and an order requiring their destruction.
“I am disappointed by the obfuscation and distraction which hallmarks Minister Muir’s statement on the disgraceful cull of the cattle in the Clogher Valley,” the North Antrim MP said on Friday.
“The legal position should not be misunderstood.
“What was granted by the court was a ‘deprivation order’, not a destruction order.”
Mr Allister said the deprivation order included a requirement for the animals’ “disposal”, but argued that disposal did not necessarily mean destruction.
“The department at that point had a discretion as to how to dispose of the animals, with destruction being one option, but certainly not the only one,” he said.
“Sale of the animals (as happened with some of them) was a live option and one which, surely, should have been taken as the self-evidently humane option.”
What does the legislation say?
Mr Allister pointed specifically to Section 32(9) of the Welfare of Animals Act (Northern Ireland) 2011.
It states that references to disposing of an animal “include destroying it”.
Mr Allister argues that the significance lies in the word “include”, saying it demonstrates destruction is one permitted form of disposal rather than an automatic legal requirement.
“So, when the minister speaks of an order to euthanise the animals, he is plain wrong,” he said.
“There was an order to deprive the owner and dispose of the animals, but no legal compulsion to destroy.”
He added:
“The department had a discretion as to what method of disposal to choose. They chose violent destruction when they didn’t need to. In that they were totally wrong.”
The distinction is potentially significant because DAERA’s own account confirms that some animals were sold or otherwise disposed of during the three weeks provided to the keeper.
It also states that, during the enforcement operation itself, DAERA halted proceedings when a local farmer expressed an interest in purchasing some of the remaining cattle.
DAERA’s position, however, is not that destruction was the only form of disposal permitted by a deprivation order. Rather, Mr Muir said officials considered the circumstances of the remaining 51 cattle and concluded there was “no reasonable alternative” to euthanasia in order to complete compliance with the order.
That leaves a key question for the extraordinary meeting of the Assembly’s Agriculture, Environment and Rural Affairs Committee at Stormont on Monday: not simply whether DAERA had the legal power to euthanise the cattle, but whether its decision to do so was necessary and proportionate when other methods of disposal were legally available.
UFU: DAERA cannot be seen to ‘investigate itself’
At the same time, the Ulster Farmers’ Union has turned its attention to the independence of the investigation that will now examine what happened.
Mr Muir has already abandoned plans for an internal lessons-learned exercise in favour of an externally led review.
The Minister said its terms of reference would be published shortly, with the findings and recommendations also made public. He wants the process completed by early autumn.
The UFU, which has previously issued a vote of no confidence in DAERA, says an external lead alone will not be enough to restore farmers’ trust.
It wants an independent expert panel established to support and scrutinise the investigation, drawing expertise from outside DAERA in agriculture, veterinary medicine, animal welfare and law.
The union also believes the Assembly’s AERA Committee should have a central oversight role throughout the process, holding DAERA publicly accountable and ensuring recommendations are implemented.
UFU president John McLenaghan said:
“The events that unfolded near Fivemiletown have shaken confidence in DAERA to its core. We have heard from members in every county and from every farming sector.
“They are asking how this could happen, the chain of events that led to the incident, whether it could have been prevented and, most importantly, how confidence can be restored.”
He added:
“The farming community will not regain confidence if the Department is perceived to be investigating itself.
“This review must be demonstrably independent, transparent and robust. It must command the confidence of farmers and the wider public alike.”
‘Far more than one enforcement operation’
The UFU argues the implications extend beyond what happened to the 51 cattle near Fivemiletown and raise questions about farmers’ confidence in DAERA’s wider enforcement system.
Mr McLenaghan said:
“This is about far more than one enforcement operation. It is about confidence in the systems that regulate animal health and welfare across Northern Ireland.
“Farmers must have confidence that enforcement decisions are proportionate, transparent and carried out professionally. Right now, that confidence isn’t there.”
The union also wants consequences if the review identifies serious failures.
“If the review identifies failings, poor judgement or wrongdoing, those responsible must be held accountable,” Mr McLenaghan said.
“Accountability cannot stop at identifying what went wrong. It must include taking appropriate action where standards have not been met.”
Public urged to provide relevant information
The UFU is encouraging anyone with relevant information about the Fivemiletown operation to bring it forward through the appropriate channels.
Anyone with information that could assist the Assembly’s scrutiny is being encouraged to provide it to the AERA Committee.
The union is also continuing discussions with political representatives across the Assembly ahead of Monday’s extraordinary meeting to ensure committee members understand the strength of concern within the farming community.
A senior UFU delegation is expected to attend the meeting on behalf of its members.
“Monday cannot become a box-ticking exercise,” Mr McLenaghan said.
“It must be a genuine examination of what happened, why it happened and what must now be actioned. Farmers expect searching questions, complete transparency and honest answers.”
He added:
“Our role as the Ulster Farmers’ Union is to represent our members. We will continue pressing for answers, pushing for meaningful change and ensuring that the voices of farming families are heard at every stage of this process.”
Major questions remain for Monday
The latest interventions sharpen two separate issues DAERA is likely to face at Stormont.
The first concerns the original decision: exactly what the court ordered, what discretion DAERA had over disposal of the animals, what alternatives were considered and why euthanasia was ultimately judged necessary for all 51 cattle remaining in the keeper’s possession.
The second concerns what happens now: who will conduct the external review, how independent it will be, what expertise will be involved and whether it will examine the decision-making that led to euthanasia rather than focusing only on how the operation was carried out.
Those questions are likely to be central when the AERA Committee meets on Monday, with the credibility of both DAERA’s original decision and the process established to investigate it now under sustained scrutiny.
