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
Farmers raise concerns at west Wales hustings as Kurtz criticises Labour policy
Conservative candidate says farmers feel under pressure as parties battle over support, regulation and the future of Welsh agriculture
FARMERS from across the region raised concerns about rising costs, regulation and future support during an agricultural hustings in Aberaeron on Tuesday (Apr 14).
The event, jointly hosted by the Farmers’ Union of Wales, NFU Cymru and Ceredigion Young Farmers’ Clubs, brought together members of the farming community to question candidates on the challenges facing the sector ahead of the Senedd election.
Among those responding was Samuel Kurtz, Conservative candidate for Ceredigion Preseli Pembrokeshire, who said the mood in the room reflected growing frustration among farmers.
Mr Kurtz said: “The hustings made one thing very clear: farmers feel let down, ignored and under increasing pressure from Labour in Cardiff Bay and in Westminster.
“As the Shadow Minister for Rural Affairs, I have been warning for some time that the direction of travel is wrong. Farmers are being asked to do more and more with less and less support.
“Rising costs, burdensome regulation and uncertainty over future funding are placing real strain on farm businesses and family livelihoods.”
He said many in the industry were worried that current policies could undermine food production and place further strain on rural economies.
Mr Kurtz also raised concerns about long-term food security, saying farmers wanted stronger backing for domestic production and more confidence about the future.
He said: “Our farmers are the backbone of rural Wales. They produce our food, support local jobs and care for our countryside.
“But right now, too many feel that decisions by Labour, backed by Plaid Cymru and the Liberal Democrats, are being imposed on them rather than made with them.
“That has to change.”
The Welsh Conservatives say their proposals for the sector include an extra £100 million for the agriculture budget over the next Senedd term, placing food security and productivity at the heart of the Sustainable Farming Scheme, increasing the amount of Welsh food served in schools and hospitals, and moving away from an all-Wales NVZ policy in favour of a more targeted, catchment-based approach.
The party has also pledged to continue campaigning against the so-called family farm tax and to take stronger action on bovine TB in livestock and wildlife.
Mr Kurtz said: “We need a government that backs farmers, not one that creates barriers and uncertainty.
“We will continue to fight for a better deal for rural Wales and ensure that farmers’ voices are heard loud and clear.”
The hustings formed part of wider engagement with the agricultural sector during the election campaign, with farming remaining one of the key issues in rural parts of west Wales.
While Mr Kurtz used the event to attack Labour’s record in Cardiff Bay and Westminster, the discussion also reflected broader concern within the industry over funding, regulation and the future direction of farm policy in Wales.
Business
House plan for 25-acre Felindre Farchog farmland site
PLANS for a rural enterprise dwelling to support a Pembrokeshire horticultural business are being recommended for approval despite concerns from the local community council.
In an application recommended for approval at the April meeting of Pembrokeshire Coast National Park’s development management committee, Southern Roots Organics/Awen Organics, through agent Preseli Planning Ltd, seeks permission for a rural enterprise dwelling, track extension, and associated works at Eithin Farm, Felindre Farchog, near Nevern.
This application is being presented to the Development Management Committee as local community council Nevern has objected to the application raising material planning matters, contrary to the officer recommendation for approval.
An officer report says Eithin Farm comprises about 25 acres of agricultural land, with an additional seven acres to be rented by the applicants; the applicants running a horticultural business from the site, using multiple polytunnels and employing irrigation systems which require careful management.
The report says the business has been trading for over three years and can support a full-time worker, meeting criteria which addresses planning for sustainable rural communities. The proposal is said to meet these requirements, and the officer’s report confirms a genuine need for the dwelling.
Nevern, in its objection, said: “The living accommodation is supposed to be part of the business, it needs to be closer to the sheds, making the whole enterprise more aesthetically pleasing. The area designated for future seasonal agricultural workers would be an areas that would be more appropriate for a traditional cottage. A restriction on the house, a tied house needs to be considered.”
Objections to the plan have also been received from members of the public raising concerns including foul water disposal and the application “has nothing to do with the new current business”.
However, a number of representations have expressed support for the application. Issues raised include the benefit of applicants living on site, helping to reduce travel and carbon emissions, and confirming support for local, small-scale horticulture, and the contribution the business makes to the community.
The report says there is an identified need for a rural worker’s dwelling, especially due to the need to quickly respond to changes in crop conditions and potential failures in irrigation or ventilation systems.
It concludes: “The evidence submitted with this application, having been assessed by PCNPA’s Agricultural Advisors, is sufficient to demonstrate that an essential need exists for a rural enterprise dwelling, and that the proposal meets the tests set out in [policy].
“The siting and design of the dwelling are considered acceptable with no concerns in relation to landscape impact, amenity or biodiversity. Overall, the proposal is considered to be acceptable and a recommendation to grant permission is made.”
Farming
Pembrokeshire Mynachlogddu home’s 20 year planning breach
A CONDITION restricting a rural Pembrokeshire home to agricultural workers-only has been removed after its occupants lived in breach of that for some two decades.
In an application to Pembrokeshire Coast National Park, Richard Tadman and Rebecca Brinton, through agent Carver Knowles, sought a certificate of lawfulness for non-compliance of an agricultural/forestry occupancy condition for Brynmelyn, Mynachlogddu.
The condition restricting the occupancy was part of a consent for the farmhouse granted back in 1985.
An application for a certificate of lawfulness allows an applicant to stay at a development if they can provide proof of occupancy without any enforcement challenge over a prolonged period.
A supporting statement accompanying the application said evidence had been gathered to verify that since May 2006 the property has been occupied in breach of that condition, Ms Brinton purchasing the property that year, with Mr Tadman living there until 2022 and Ms Brinton continuing to do so.
When Mr Tadman was living at Brynmelyn he was self-employed as a mechanic, and Ms Brinton has not worked in agriculture or forestry, other than the couple keeping a few animals including chickens, ducks, turkeys, and pigs for a short period from 2008 until 2010 when the pigs had to be culled following a TB outbreak, the poultry succumbing to foxes.
The statement said council tax payment records to Pembrokeshire County Council showed the occupancy from 2006, adding that many of the previous owners apart from the original has not got an agricultural worker connection either,
An officer report recommending approval, which led to the issuing of a certificate of lawfulness, said: “The occupation of Brynmelyn of persons not employed in agriculture or forestry has been continuous for a period in excess of 10 years. It therefore represents a use unauthorised by the Town and Country Planning Act 1990.
“The use of the dwelling exceeds the time limit for the Local Planning Authority to take any enforcement action, in accordance with Town and Country Planning Act 1990 (as amended) and / or the preceding Town and Country Planning Act 1971. This authority considers that a Lawful Development Certificate can be issued.”
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