A shipping company has been ordered by the Supreme Court to resume carrying livestock for fattening purposes on its regular freight service between Rosslare and Cherbourg. From August 1st, Pandoro Ltd, part of the P&O Group, has been carrying on that route only animals used for breeding purposes.
Two exporters - Hinde Livestock Exports, of Dunboyne, Co Meath, and Mr Patrick Gernon, of Castleknock, Co Dublin - earlier this year unsuccessfully applied to the High Court for an interlocutory injunction to have the company continue carrying animals as it had prior to July 31st.
The exporters appealed the High Court's refusal to the Supreme Court, which yesterday ruled two to one in their favour.
The Supreme Court ordered Pandoro to take animals for fattening or breeding purposes, but not for slaughter, pending a full hearing of the case in the High Court on a date to be set.
Giving his judgment yesterday, Mr Justice O'Flaherty said it might not have been sufficiently explained to animal rights activists that the beasts were largely being exported for breeding purposes or for fattening and not directly for slaughter.
Mr Justice O'Flaherty, with whom Mr Justice Barrington agreed, said animal rights activists would, no doubt, observe the rule of law as was required of every citizen in the EU when a court of justice in any particular country had declared that something was required to be done for the observance of Community legal obligations.
The judge said it was his view the balance of convenience favoured the exporters. It was also likely that they would suffer irreparable damage if the injunction was not granted.
In a dissenting judgment, Mr Justice Barron said once Pandoro had ceased transporting cattle for fattening purposes, a substitute was found, albeit with a State subsidy, and began on October 14th last.
The result of this was that, even if Pandoro had completely abandoned its service, there was now a third greater capacity than there would have been.