I’m fed up with talking about the weather, but I can console myself with the fact we have grabbed every opportunity so far and progress is not too bad.Defra guilty of maladministration - but no compensation
DEFRA has been found guilty of maladministration following a five-year investigation into the ban on pigswill processing.
But today’s verdict (Friday, December 14) has outraged pig farmers after it recommended that no compensation be paid to farmers who lost their livelihoods as a result.
The investigation, carried out by the Parliamentary and Health Service Ombudsman began after Defra closed the £40 million pigswill processing industry following the 2001 foot-and-mouth outbreaks.
The Association of Swill Users (ASU) however claimed that the ban was introduced with little consultation and resulted in the loss of livelihood for hundreds of farmers.
Alex McGaw, the lawyer handling the ASU’s case said: “The outcome is bitterly disappointing. The fact that the ombudsman found them (Defra) guilty of maladministration but did not recommend compensation defies logic.
“She has agreed with what the farmers have said all along that those who made the decision to ban pigswill did not have a clue about the impact it would have on farmers.
“Many of those farmers have gone out of business as a result of that decision but they will get no compensation for it. It’s disgusting.”
In her report, the Ombudsman Ann Abraham said: “The decision on compensation for swill users made by Ministers when considering the introduction of a ban was not taken in the full light of the facts, and was therefore maladministritive.”
However, she recommended that no compensation be paid to the pigswill users despite the findings, admitting that her decision may seem ‘harsh’.
She said it was ‘inevitable’ that following the foot-and-mouth outbreaks in 2001 that everything was not carried out as well as it might have been.
Concerns were raised over the fact that there was no official veterinary opinion prior to the ban and that similar bans in Germany gave farmers four years in which to adapt whereas Defra gave farmers just two weeks to change their feeding practices.
She also noted that the ban had a ‘very significant impact’ on swill feeders and their ability to remain in business.
The ASU is now considering its next move, but they will not give up according to Mr McGaw.
He said: “We won’t stop fighting this. There has been support from many MPs and hopefully now the Ombudsman has delivered the verdict of maladministration we can put pressure on Defra to actually admit that they were in wrong.
“It has been an uphill struggle so far but I don’t think the farmers are ready to give up just yet.”
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Readers' comments (1)
Alan Davies, Associated Swill Users (ASU) | 17 December 2007 10:23 am
My wife Lynda and myself have fighting tirelessly since the 2001 FMD outbreak for compensation for the former swill feeders who were banned, through no fault of their own, from feeding swill to pigs. For the last 5 years the Parliamentary Ombudsman (PHSO) has been looking into our claim againt DEFRA for maladministration in their handling of their ban on swill feeding. The PHSO has found in our favour, she has found that DEFRA were mladministrative in not realising the impact the ban would have on the industry, which is what we asked her to look into. We have spoken to our investigating officer on the case and she says that the ombudsman "can not recommend compensation", which I must say is perverse, but now we call upon the MPs who went to the PHSO on behalf of their constituents to write to Hilary Benn asking him to put right the wrong doings that hs ministry carried out in 2001 and compensate the 62 ex swill feeders.
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