THE technical and veterinary issues surrounding the outbreak of foot-and-mouth disease (FMD) in Surrey during August and early September may have been resolved with all movement restrictions being at an end for some time, but the matter will not be allowed to rest until those alleged to be at fault are called upon to explain how this disaster was allowed to happen.
The general assumption is that the outbreak owes its origins to a failure of bioscurity at the UK government-owned laboratories at Pirbright which is a world centre for research into a range of animal diseases, with FMD high on the agenda. All the ma
jor farming organisations have repeatedly called for a full and searching public inquiry, but the general impression is that Whitehall will resist any such pressure.
However, there is a clear determination to pursue the government for financial compensation for the massive disruption and loss of income suffered by farmers and associated industries. It is difficult to quantify the extent of the losses, but the figure currently being discussed is not short of £300 million on a UK basis.
Hilary Benn, the UK Secretary of State for the Environment, has met NFU Scotland (NFUS) and its sister organisation in England and Wales and has invited farming leaders to approach the Treasury once the full costs are known. In addition, Andy Robertson, the chief executive of NFUS, has held discussions with Des Browne, the Scottish Secretary in Whitehall, and a following-up meeting is planned early in 2008.
NFUS has been seeking legal advice on how best to present its claim for compensation. The initial view is that any case would be argued along the lines of "statutory liability" rather than the common law route. However, it remains unclear at this stage whether there will be two cases – one in Scotland and the other covering England and Wales because of the differing legal systems.
Jim McLaren, the president of NFUS, said: "Tackling disease relies on government and industry working hand in hand. Frankly, if the UK government is unwilling to compensate the industry for its part in all of this it will permanently handicap that relationship.
"The Scottish Government has addressed some of the immediate financial pressures through its £25m aid package, which was hugely important. But it falls well short of full compensation for the last five months of disruption.
"Hilary Benn told me in October that the Treasury's door is open to any approaches when the full cost is known. We hope to have those figures in the near future and are working with hauliers, processors and auction marts to draw that together."
McLaren is intent on pursuing the battle on two fronts: firstly though the political route and then, if all else fails, through the courts.
He added: "I am clear there have been failures on the part of government and the recent Callaghan review demonstrated the systemic failures at the heart of the Pirbright operation.
"Legal cases are never cheap, but I am willing to put the resources of NFUS behind this fight given the hugely important principles at stake and the inexcusable action that farmers suffered the consequences of this year."
NFUS certainly has the financial resources to engage in a legal battle, with its latest set of accounts showing reserves of almost £1.5m and a profit during the year to October 2007 of £194,451.
