Livestock health and welfare information: EIR release

Information requested

In reference to “the reported decision to cull 271 apparently healthy cattle in Fife due to failures in livestock identification and traceability”. You asked for answers to the following questions:

1. What specific legislation required or authorized this decision?

2. Was the cull legally mandatory, or did decision-makers have any discretion?

3. What alternative options were formally evaluated before approving the cull, including lifetime movement restrictions, permanent sanctuary placement, enhanced monitoring, DNA verification, or any other measures?

4. For each alternative considered, why was it determined to be insufficient?

5. Were independent veterinary ethicists or animal welfare organizations consulted before the final decision?

6. Was a proportionality assessment completed weighing the risks posed by these animals against the certainty that all 271 would lose their lives?

7. Will the Scottish Government publish the legal advice, veterinary evidence, and policy rationale supporting this decision so the public can understand how it was reached?

8. In light of the widespread public concern, will the Government commit to reviewing current legislation to determine whether future cases involving healthy animals can be handled differently while still protecting biosecurity and traceability?

Response

The answer to question 1 is regulations Cattle Identification (Scotland) Regulations 2007 (as amended), Council Regulation (EC) No 1760/2000 (as amended) and Commission Regulation (EC) 494/98 (as amended) cover the requirements for cattle keepers in Scotland and the enforcement processes followed when animals are found to be unidentified and untraceable.

The answer to question 2 is the cull was not legally mandatory as no compulsory slaughter notice was issued. Decision makers do have discretion when an unidentified and untraceable animal is found at an inspection.

In cases where an unidentified and untraceable animal is found the keeper is issued with a Notice to Prove Identity & Traceability. They are given an opportunity to prove any animal’s identity (including through the use of DNA testing). If the identity cannot be established a risk assessment will be undertaken to reach a decision on the outcome of those animals. In most cases the animals will be issued with a Notice of Registration meaning they are permanently restricted to the holding and cannot enter the food chain. In some cases a compulsory slaughter notice may be served to protect public health and the integrity of the food chain.

If a Notice of Registration is granted businesses are free to choose to keep the animals or dispose of them. Businesses will need to consider the cost and welfare implications of keeping animals that cannot be moved from their holding except under license for disposal or in cases of immediate welfare issues.

The answer to question 8 can be found as part of the strategy governing Livestock health and welfare here, this includes commitments on Legislation, regulation, enforcement and contingency planning.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested in questions 3-7. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.

The Scottish Government does not have the information you have requested because the decision relating to the cull of cattle in Fife was not taken by the Scottish Government.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the decision to cull cattle in fife, clearly we cannot provide information which we do not hold.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.