Since HSE submitted their latest official statement, in response to the Highland cattle incident, I have been busy collecting evidence in order that I may respond. I have requested from the HSE, via the FOI Act, all files and notes pertaining to this case.

This is apparently with their FOI team and as yet, I have received no further response. 

This issue is a very emotive one so I just wanted to respond by revealing excerpts of email correspondence between the HSE and the Birch family that have been kindly passed on to me by Stephanie Birch. That way, in response to the statements given by the HSE, you can make up your own mind about the role of the HSE and the statements they have provided. 

(I have removed the names of the HSE inspectors involved. SB = Stephanie Birch, AB = Alex Birch)

Statement 1 from HSE -

'The farmer made the decision to remove the cattle involved. HSE did not make this decision.'

HSE to Justin Cowell - 'Today we've clarified that we did not order for cattle to be moved.'

Email from HSE to SB (11/6/18):

'I have taken advice further advice from an animal expert that we use for court work. He advises that unless you can identify which animal was aggressive you will need to segregate.'

Email from HSE to SB (12/6/18):

'...interim measures should be put in place so that cows are not being kept in a field with public access.'

Email from SB to HSE (20/6/18):

'We were originally issued a letter sent by HSE advisor LS....and in the same letter advised we must take action to segregate or remove the cattle from the land to comply with HSE guidance.'

Statement 2 from HSE

"HSE investigated concerns following a number of incidents where 3 members of public were injured."

One individual made a report to the HSE. The two other historical incidents involving members of the public, did not involve the HSE at the time and no reports were made. Indeed, the term 'investigated' seems to have been applied loosely in this case since the HSE admitted, in an email on 11/6/18 to SB:

'I have googled Baslow Edge and other cattle incidents also come up...'

Statement 3 from HSE - 

'At no point did HSE ask for or order the slaughter of cattle.'

This is correct. The HSE did not order the slaughter of cattle. They provided options such as segregating the cattle, fencing public access moorland and slaughter. Since the other options were not possible for the farmer for numerous reasons, the farmer felt they had no other choice but to slaughter the cattle.

The HSE wrote, on 12/6/18 to SB: 

'You need to look at all available options and decide what you will do; slaughter is one option. You will need to deal with this swiftly.' 

It is worth pointing out that the HSE also gave the following statement to the Birch family:

'We are a regulatory body not an advisory body.'

In that respect, the Birch family really had no choice but to comply with the recommendations of the HSE and slaughter their cattle. 

Statement 4 from HSE - 

'....nor was the farmer ever threatened with arrest.'

Email sent from HSE to AB on 13/12/18, asking for an update on progress for removing the cattle from the moorland:

'I am now using my Section 20 powers to obtain this information. Failure to comply with the requirement to provide the requested information under a Section 20 request is a criminal offence...If a satisfactory response is not received then additional enforcement actions including an improvement notice or prohibition notice will be considered or even Prosecution for breach of a Section 20 request.'

 

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