Live animal export challenge refused
The RSPCA has been refused permission for a High Court hearing over supervision arrangements by the Animal Health and Veterinary Laboratories Agency's (AHVLA) at the Port of Ramsgate.
Claiming that the AHVLA is acting unlawfully in three areas – by allowing exporters to use a port that does not have the appropriate facilities, failing to impose sailing restrictions and failing to provide proper checks at the port to safeguard animal welfare.
However, the RCPCA's claim for a judicial review, lodged in December, has been quashed by Mr Justice Males.
"There is no arguable illegality in the policy or practice of AHVLA in relation to its authorisation of live sheep through the Port of Ramsgate to Calais," he said.
Commenting further, he stated that the there is no requirement for port facilities to be as demanded by the RSPCA in current regulations, there is "no arguable case" that the AHVLA is not carrying out sufficient checks, nor is there legal requirement for a limit to sailing below wind conditions of gale force six.
The AHVLA made changes to its inspection regime in December, following the investigation into an incident that took place at the port in September, in which more than 40 sheep died.
Exports were temporarily banned from the port by Thanet District Council, until the decision was overturned, and the port reopened in October.
An RSPCA spokesperson said the charity would still have an opportunity to ask for reconsideration at an oral hearing.
"We will be considering the options with our legal team and also consulting with our trustees," she said. "Our deep concern about the lack of appropriate regulatory safeguards to protect the welfare of animals involved in this trade remains unchanged."
Defra has published guidance for the vet sector ahead of a proposed UK-EU Sanitary and Phytosanitary agreement.
