Farming
Farmers who knowingly kept cattle with bovine TB on farm fined
THREE members of a Pembrokeshire farming family have been sentenced for deliberately swapping cattle ear tags; actions that saw animals with Bovine Tuberculosis (TB) reactors remain on the farm.
Bovine Tuberculosis is a zoonotic infection that can infect many species, including humans and wildlife, though transmission to humans in the UK is very rare as a result of control measures in place across the agricultural and food industries.
The actions of Edward, Charles and Henry Hartt displayed widespread illegality and created an unacceptable and serious risk to animal health.
The Hartts operate a large scale dairy and beef farming enterprise – Messrs EW Hartt & Sons – at Longford Farm, Clynderwen, comprising about 2800 cattle.
The three men were sentenced at Swansea Crown Court on Monday, March 4th for offences committed under the Cattle Identification (Wales) Regulations 2007; legislation which underpins cattle management, disease control and traceability systems put in place to ensure the safety of the entire farming industry.
All three defendants had previously pleaded guilty to 12 counts on March 25th, 2022.
The court heard that where higher value cattle had tested positive for TB and would be valued for compensation, poorer quality animals would then be sent for slaughter in its place.
This meant that infected animals were kept on the farm with a significant risk of spreading the disease to other animals and jeopardising the success of the TB eradication programme.
Their retention would undoubtedly allow the disease to persist on farm, slowing the progress of eradication within the herd and the general cattle population and increasing costs to the Welsh Government and taxpayer.
The practice would also have resulted in the slaughter of healthy animals not actually infected with TB.
It was also determined that a portion of farm’s milk would have come from TB reactors that should have been removed, which under food safety legislation was banned from entering the food chain.
Where poorer cattle tested positive, evidence showed that they were substituted at valuation for higher value animals, attracting a higher level of compensation – but with the more valuable animals subsequently retained and the lower value TB reactors sent for slaughter.
Each defendant was fined a total of £24,000 – £2,000 for each count on the indictment.
The sentencing reflected the heightened TB risk of reactors remaining on farm, TB lesions present in cattle and a clear risk that misidentified animals could have entered the food chain.
As well as the significant fine, associated action had been taken against the defendants under the Proceeds of Crime Act 2002 (POCA).
This legislation was introduced with the aim of recovering assets, including money, acquired through criminal activity.
The use of POCA is particularly pertinent when it is so manifestly in the public interest to ensure criminal activity is not rewarded.
The criminal benefit arising in connection with the offending would have been derived through a mix of pathways.
This included TB compensation payments, sale of illegal stock, sale of milk from illegally retained stock, as well as the wider benefits gained by the farming enterprise.
The Hartts’ actions enabled a steady and continual expansion of the business, on a stronger financial footing, to the detriment of other farms in a competitive market.
This resulted in confiscation orders of £217,906 against each defendant jointly and severally to reflect the ‘criminal benefit’ associated with the offending.
The court also awarded the Council costs of £94,569.
The case brought by Pembrokeshire County Council followed an in-depth investigation by officers from the Council’s Public Protection Animal Health and Welfare Team, working in conjunction with the Animal and Plant Health Agency veterinary officers and other regulatory partners.
The investigation was triggered following the identification of anomalies at the farm in June 2019.
The subsequent investigations were complex and protracted over the remainder of the year, involving a number of inspections and visits, DNA sampling of milking cows, detailed audit and cross-referencing of farm records, ear tag and freeze brand (markings on the animal) checks, post-mortems and blood samples.
In one instance remarked upon by the Judge, the freeze brand of a milking cow was altered.
It was later discovered that her ear tags had been changed twice. DNA testing later proved that the animal should have previously left the farm.
Of 828 animals checked as part of the investigation, 123 had discrepancies in relation to their origin and identity, equivalent to 15% of the stock.
The extent and nature of the tagging issues and deliberate changes in identity dwarfed anything previously encountered by officers, and highly unlikely to be by error or mistake.
It was subsequently discovered that the farming operation had received TB compensation payments at a level far above most other farms.
The farm was one of only two in Wales to have had TB present for over 20 years. Since 2009 the farm had received more than £3 million in compensation payments, more than any other farm in Wales.
The prosecution maintained that the large scale illegality underpinned the foundations of the entire farming enterprise over a considerable period of time.
In December 2019, Food Standards Agency veterinary officers placed a stop on 19 carcases and associated offal/edible co-products from two lots of cattle sent for slaughter by the farm, that were destined for the human food chain.
This was due to irregularities concerning the identification and origin of certain animals and potential food chain implications.
Following the conclusion of the court case, Cllr Michelle Bateman, Cabinet Member for Housing Operations and Regulatory Services, welcomed the level of sentence.
She said: “This case will have resulted in unnecessary cost and a drain on resources for those involved in the TB eradication programme, including the major use of public money by Welsh Government who fund the implementation of the compensation scheme.
“It also greatly risks the health of neighbouring herds through unnecessary contamination of the environment as well as damaging the farming industry and public confidence in the safety of milk and meat.
“I congratulate our Council officers and all agencies in bringing this case successfully to court. I hope that this action and sentence will send a message that this sort of illegal behaviour will not be tolerated.”
Farming
Welsh Government could overturn Ceredigion cattle breeder’s house plans
A CEREDIGION councillor-backed scheme by one of the top breeders of Limousin cattle in the UK to build a home near Lampeter could be overturned following a call for it to be decided by Welsh Government, planners heard.
At the October meeting of Ceredigion County Council’s development management committee, the application, by Mr and Mrs Dylan Davies for a four-bedroom rural enterprise workers’ dwelling at Blaenffynnon, Llanwnnen, Lampeter, where they run a calving and cattle rearing business, was backed despite an officer recommendation for refusal.
One of the issues in the report for members was the financial test of whether the scheme was affordable, based on an estimate the building would cost some £292,000 to construct; at a 25-year mortgage amounting to £20,400 a year.
The size of the proposed building – which the applicants say include a need to entertain and occasionally accommodate clients – was also given as a reason for failing the TAN6 policy test, being larger than affordable housing guidance, at 202 square metres rather than a maximum of 136.
Members have previously heard the applicant breeds high-value show cattle for embryo transplanting at the well-established business, with one bull alone selling for £32,000 last year.
It had previously been recommended for refusal at the September meeting, but was deferred for a ‘cooling-off’ period to seek further details along with potential changes to the size of the scheme.
At the October meeting, members backed approval despite officers saying the size proposed could actually include a two-person bungalow in addition to the normal maximal ‘affordable’ size.
At the start of the November meeting, members heard a request for the scheme to be ‘called-in’ for Welsh Government final decision had been made, meaning Ceredigion planners’ approval could potentially be overturned if the ‘call-in’ is agreed.
Farming
Welsh Government pressed on impact of new farming tax
THE Welsh Government have been urged to clarify how many farms in Wales will be affected by the Family Farm Tax.
The calls come after farming unions rebuked claims from the UK Labour Government and Welsh Secretary Jo Stevens that only a minority of farmers will be affected by the new inheritance tax rules.
The UK Labour Government has come under heavy criticism following the announcement by Chancellor Rachel Reeves that farmers would have to pay a 20% tax on farms worth more than £1m.
When questioned on Sunday Politics about the potential impact of the new tax laws on Welsh Farmers, Welsh Secretary Jo Stevens claimed that “Three quarters of farmers will be unaffected”.
The treasury has yet to publish an estimate around the impact that the new tax laws will have on Welsh farms.
Both the FUW and NFU Cymru have expressed their concerns at the changes made by the UK Government, stating that it will cause “lasting damage to Welsh farming.”
The Welsh Lib Dems have now called on the Welsh Government to clarify how many farms in Wales will be impacted by the new Family Farm Tax rules.
Party leader Jane Dodds MS has written to the Cabinet Secretary for Climate Change and Rural Affairs Huw Irranca-Davies to express her concern over the “untold damage that farming communities throughout Wales will face as a consequence of the UK Government’s most recent budget”.
In the same letter, Jane Dodds MS pressed Mr Irranca-Davies to confirm how many Welsh farms will be affected by the new inheritance laws.
“We cannot afford to leave our farming communities in the dark when it comes to the impact of this potentially devasting new tax law” said Jane Dodds MS.
Both our farmers and the Welsh Public deserve to know the truth that lies behind Labour’s claims that only a small amount of farmers will be impacted by the Family Farm Tax. Claims that, I should add, have already been disputed by both NFU Cymru and the FUW.
The uncertainty surrounding these new inheritance laws will place more unnecessary pressure on farmers across Wales, many of whom are already struggling under a cloud of financial pressures.”
Farming
Pembrokeshire farmer’s award for outstanding service to Welsh dairy industry
DAIRY farmer, Stephen James, from Gelliolau farm in Clunderwen, Pemborkeshire has been presented the FUW Outstanding Service to the Welsh Dairy Industry award at the Welsh Dairy Show 2024 in Carmarthen.
Presenting Stephen with the award will be FUW President Ian Rickman during the Welsh Dairy Show held at the United Counties Showground in Nantyci, Carmarthen on Tuesday 22 October 2024.
Ian Rickman, FUW President said: “The judging panel were delighted with the nominations this year, but Stephen’s diligent and relentless work for over 20 years representing the industry in a public role on the issue of Bovine TB in particular placed him on top.
“A worthy winner, Stephen has used his own experience of dealing with TB on his own farm business, having been in and out of restrictions for over a quarter of a century, to highlight the main issues that affect Welsh farmers, publicly.”
Stephen is Chairman of the Wales Animal Health and Welfare Framework a position he has held since July 2018. As Chairman, working closely with Wales’ Chief Veterinary Officer, Stephen works to make improvements in standards of animal health and welfare across Wales.
He has also been a leading figure in representing the concerns of Welsh farming to the Government. As an industry representative on the Welsh Government TB programme board, he has undertaken countless bilingual media interviews to local, national and international broadcasters. He highlights the impact the disease has on farming families and the need for the Welsh Government to implement a Comprehensive TB Eradication Strategy.
On winning the award, Stephen James said: “Receiving this award is a huge privilege. It was quite a shock to hear the news. I am extremely grateful to receive the award, especially at an event that is so close to my heart and is so important to the milk sector in Wales. Thank you so much for the honour.”
Stephen James has held a wide range of positions within NFU Cymru from Local Branch Chairman to President (2014 – 2018). He has worked on a number of significant policy areas including the Common Agricultural Policy Reform and Brexit, dairy issues and an influential figure during the trying times of the 2012 milk crisis. Stephen, alongside other UK farming union leaders, addressed the July 2012 dairy farmers Westminster Hall Rally.
Passionate about supporting the next generation of farmers, Stephen shared the responsibility for his farm business at Gelliolau to his son, Daniel, at a young age. He has been heavily involved with the Wales Young Farmers, both locally and nationally holding a number of positions including Pembrokeshire County Chairman, Pembrokeshire County President and Wales YFC Council member.
A long standing member of First Milk and a Director and past Chairman of Clynderwen and Cardiganshire Farmers, he truly believes in the values and principles of co-operative organisations.
He is former President of the Pembrokeshire Agricultural Society, a President and active Board Member of Clunderwen Show Society, a past Chair of Clunderwen Community Council and member and past Chairman of Narberth Grassland Society. Stephen James is also a Fellow of the Royal Agricultural Societies.
Ian Rickman concluded: “Stephen James has truly made an outstanding contribution to the Welsh Dairy Industry. We are delighted to present him with this FUW award in recognition of the years of work he has carried out on behalf of Welsh farmers. On behalf of the FUW, I congratulate and thank Stephen for his work.”
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