Farmers sue on sheep cull compensation

A SENIOR official in the Department of Agriculture told a farmer from the Cooley Peninsula querying compensation for animals …

A SENIOR official in the Department of Agriculture told a farmer from the Cooley Peninsula querying compensation for animals culled due to the foot-and-mouth outbreak in 2001 that he should be thankful he got anything and the farmers in Cooley had a "bad reputation", the High Court was told yesterday.

Farmer and former chair of the IFA's sheep committee John Elmore said the same official told him "the gate is closed and don't come back".

Mr Elmore (67) of Omeath and Brendan Rafferty (49) of Ballagan, Greenore, both Co Louth, are suing the Minister for Agriculture, Food and Rural Development, the Attorney General and Ireland. They are seeking an order for damages and a declaration that the culling of animals under the Disease of Animals Act without full compensation is unconstitutional.They contend their constitutional rights were breached in the way in which their animals were valued, that they were not properly compensated, and as a result they suffered severe stress, anxiety, distress and emotional turmoil.

Mr Elmore, who concedes his sheep farming needed EU subsidies to be profitable, outlined the difficulties experienced in trying to replace his home-bred hefting flock which had instinctively known where to graze on the commonage on the Cooley mountains.

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He was directed to speak to an official in the department about compensation, but said that when he did so the official told him to "be thankful you got anything" and that farmers in Cooley had "a bad reputation. The gate is closed and don't come back."

Mr Rafferty denied claims by the defence that he had bought in sheep to his flock in the years before the cull. He replied "absolutely not" to the suggestion.

When apparent differences in the numbers of sheep he had and the number he had sought a premium payment for were put to him, he explained that he was only allowed to seek a premium on a set number and the surplus of sheep was not taken into account.

Mr Rafferty said he built his flock up over a number of years to ensure he had the highest milk yield and high fertility rates among his ewes. In the years since he has not been able to match the quality of the flock but things were improving. The case continues.