A Northern Ireland meat firm, which fought back from the brink of disaster after BSE, will come head to head with the UK government next month over attempts to shut down a controversial part of its business.
In an unusual step, the courts have granted a full judicial review of the way the Food Standards Agency (FSA) interpreted certain aspects of the Transmissible Spongiform Encephalopathy (TSE) Regulations 1997, introduced by Europe to halt the spread of the disease, and applied them to Eurostock Foods in Newry. If the company’s challenge is successful, it could leave a question mark over the use of some cheaper parts of cattle carcasses previously thought banned by the meat processing industry.
Eurostock, which strips the cheek meat from cow’s heads imported from the Irish Republic to use in its own and other’s processed products, some of which are on sale in UK supermarkets, has fought attempts to close what director Martin White described as a “strategically important” part of its business for nearly 10 years.
Most recently, a Belfast judge blocked an FSA enforcement notice, subject to technical controls being in place to protect public health. The review will be the last chance saloon, said White, who claimed that “the whole of the Northern Ireland meat industry” was behind the challenge. “All parties have agreed that this will be the final hearing.”
But David Young of Eversheds law firm said the result could raise more questions than it answers.
“There’s a fair range of options open to the court - it’s not just a case of win or lose - and what it says around the decision is as important as the decision itself. Even if it agrees with Eurostock, the FSA order won’t necessarily be quashed.”
“Judicial review is comparatively rarely used and to get a full hearing in a matter of weeks is unusual,” he said. “The court must regard it as a matter of some urgency.”
A spokesman for the FSA said the use of head meat from cattle posed a public health risk. “As far as we are aware, they are contravening TSE regulations. We believe it’s an illegal activity, but at the moment they can sell it wherever they like. We are certainly very concerned.”
The case will be heard in a High Court in Belfast on February 7.