Volume 9: Wales, Scotland and Northern Ireland
Part 3: Northern Ireland
15. Chronological account of specific Northern Ireland issues
Cases of BSE in animals Born After the ruminant feed Ban (BABs)
Further SBO controls in 1994-95

15.67 The first case of BSE in an animal born in Northern Ireland after the introduction of the Northern Ireland ruminant feed ban was confirmed in December 1992, well over a year after the first confirmed case in England. ¹ However, officials were not particularly concerned, as the animal in question had been born just a day after the NI ban came into effect and could be explained by carry-over of feed produced just before the ban. The next few BABs had likewise been born shortly after the NI ban, or had been imported from England. It was not until August 1993 that Northern Ireland had a case in a home-bred animal born more than a few weeks after the ban came into effect there. ² Nevertheless, Mr Martin told the Inquiry that he had become concerned in late 1992 about the numbers of BABs still being reported and he asked Mr Owen Denny, then DVO (Epidemiology) at DANI's Veterinary Service headquarters, to investigate and predict future incidence. ³ Mr Denny replied that the actual incidence was not outside the range he had originally predicted. ⁴

15.68 By 1994 concern was increasing across the UK that BABs were still occurring in substantial numbers. Maternal transmission seemed unlikely in Northern Ireland, and the cases there were generally considered to be the result of low-level contamination of feed. ⁵ Mr Martin thought at that stage that there were three possibilities as to where contamination might be taking place: namely, in feedmills, in rendering plants or at slaughterhouses (if the SBO ban was not being properly enforced). His view, though, was that the SBO ban was 'pretty good, pretty well applied', ⁶ and that the contamination was more likely to have occurred in feedmills or rendering plants. Mr McKibben told the Inquiry that implementation of the ban in Northern Ireland was supervised by Veterinary Service staff who were in turn monitored by audit checks carried out by veterinary headquarters staff. If there had been concerns about implementation, they would have been reported to him. He received no such reports between 1992 and 1994. ⁷

Further SBO controls in 1994-95

15.69 However, during 1994 MAFF identified problems with the handling, separation and disposal of SBO in slaughterhouses. ⁸ At a meeting on 9 June, DANI considered the need for tightening up controls on SBO in line with MAFF's approach, including the possibility of legislative changes. Mr W Orr and Mr C Hart of the Veterinary Service expressed concern that 'they could not be entirely satisfied that all SBO material was treated as such', and the meeting concluded that 'it was therefore necessary to consider on-ground enforcement and the need for legislative changes in line with MAFF'. ⁹ On 15 June 1994 Mr Toal of DANI's Animal Health Division was sent a copy of a MAFF note about the strengthening and rationalisation of the SBO Regulations made by MAFF. ¹⁰ Mr Orr and Mr Hart later drew up revised Staff Instructions on the disposal of SBO, ¹¹ aimed at 'maximising the effectiveness of the existing controls'. ¹² Mr McKibben also wrote to meat plant operators and renderers reminding them of the main requirements in respect of the disposal of SBO. ¹³

15.70 Meanwhile, the result of a transmission experiment had shown that certain tissues could become infective in calves. On 27 June Mr Meldrum (CVO, England) telephoned Dr Robert McCracken (by now DCVO, Northern Ireland) to tell him that the thymus and intestines of all bovine animals were to be banned as SBO. ¹⁴ Mr Toal briefed Baroness Denton, the Northern Ireland Minister with Health responsibilities, on 29 June, and the Permanent Secretaries of the DHSS (Mr Alan Elliot) and DANI (Mr John Murray) among others were sent a copy of this briefing. Mr Toal was worried primarily about the effect on Northern Ireland cattle exports generally, and reiterated that the actual threat to human health was 'minuscule'. He said:

Northern Ireland has a substantial export trade in young calves to Europe. The effect of the extension of the SBO ban is likely to mean that this trade will cease . . . The combination of the extension together with the German announcement [of a ban on British beef] is bound to increase consumer concern about the safety of beef and add to the adverse trading conditions. ¹⁵

15.71 On the same day Mrs Gillian Shephard (MAFF Minister from May 1993) sent Sir Patrick Mayhew (the Secretary of State for Northern Ireland) a copy of her proposed answer to a Parliamentary Question about the new developments, ¹⁶ which was having to be handled in the context of the newly arranged German unilateral ban. Baroness Denton replied to this letter on 30 June, agreeing to the proposals and indicating that the appropriate Northern Ireland legislation would be introduced shortly. ¹⁷ MAFF and DANI met industry representatives in London (including those from the Province) on the same day, ¹⁸ and on 8 July a consultation letter was issued by DANI. ¹⁹ The revised Order came into force on 27 March 1995, nearly five months after its GB equivalents. ²⁰

15.72 In 1995 DANI received advice from MAFF that 1 gram or less of infective material was sufficient to infect another bovine animal when transmitted orally. This information convinced DANI that contamination must be occurring either at feedmills or at rendering plants. At this stage there were no separate facilities for rendering SBO in NI rendering plants. Instead, the lines were 'cleansed' after processing SBO by sending 'a load' of bones down the same rendering line before processing began of non-SBO material. ²¹ MAFF introduced legislation during the summer requiring dedicated lines for rendering SBO ²² and, in late 1995, after initial reluctance, Northern Ireland followed suit. ²³