Live animal export ban to North African countries in July and August challenged

A High Court challenge has been launched against a Government decision to ban all transport of livestock to North African countries during July and August.

The action has been brought by Cork-registered Curzon Livestock Limited, whose business involves the export of livestock to countries including Libya.

It claims its business will suffer as a result of the ban.

It claims that, in March, Agriculture Minister Charlie McConalogue sent an email, known as a hot weather notification, stating that all live animal exports to North African nations in July and August 2021 had been banned.

The ban was confirmed in other communications made by the minister earlier this month, the court also heard.

The company, represented by David Holland, says it is supportive of efforts to ensure the safety and welfare of the cattle it brings to North Africa from Ireland.

It says it has never had any complaint from the Department of Agriculture about the manner it transports animals to other countries.

It also claims that there is no basis for the ban, which the minister has refused to reverse.

The department informed the company that the ban is based on several factors.

These include EU directives and regulations on animal protection during transport, public scrutiny of the issue, temperature increases in North Africa, and an EC instruction that the transport of animals in temperatures over 30C causes suffering to them.

However, the company says that there is no legal basis for a blanket and indiscriminate ban such as the one imposed.

It also claims that the ban also fails to take into account the safeguards that the company takes when it transports animals to North Africa.

These include the fact that its ship is equipped with a ventilation system to ensure the animals on board are transported in temperatures below 30C, even in July and August.

In judicial review proceedings against the minister for agriculture, food and the marine, Ireland and the Attorney General, the company seeks various orders and declarations.

It seeks an order quashing the decision as well as various declarations, including that the decisions are irrational, unreasonable, unlawful and outside the powers of the minister.

It further seeks declarations that the minister failed to invoke any jurisdiction known in law for making the decision and that, in making the decision, the minister failed to take relevant considerations into account.

The matter came before Mr Justice Brian O’Moore yesterday.

The judge directed that the application for leave be made in the presence of the State respondents.

The matter was adjourned for two weeks.