The Department of Agriculture, Food and the Marine has welcomed the conviction last week of a Cork mart company for breaches of animal welfare regulations, which were first highlighted in a 2023 RTÉ Investigates documentary.
On Friday, Cork Co-operative Marts – the largest mart operator in the country – was convicted in Bandon District Court of three offences under animal welfare regulations, relating to the mistreatment of animals at its Bandon mart.
This mistreatment was first revealed in an RTÉ Investigates documentary, "Milking It: Dairy's Dirty Secret," which aired in July 2023 and prompted a welfare investigation by the Department based on footage provided by RTÉ.
Watch 'Milking It: Dairy's Dirty Secret' on the RTÉ Player
The documentary featured footage from marts around the country, including Bandon, showing calves being abused.
It also highlighted the mistreatment of cattle in the live export trade and caused widespread public and political outrage, leading to a debate about animal welfare in the dairy industry.
In a statement issued to RTÉ last week, following the Bandon District Court case, the Department also stressed that "other prosecution proceedings are ongoing arising from animal welfare issues that featured in the RTÉ Investigates programme broadcast in July 2023."
Striking of animals prohibited
The prosecution against Cork Co-operative Mart was carried out under the European Communities (Animal Transport and Control Post) Regulations, which set standards for the treatment of cattle and other farm animals during transport and related operations.
Offences under the regulations carry penalties of up to six months in prison and a maximum fine of €5,000.
According to court papers, on 13 February 2023 Cork Co-operative Marts failed to ensure that loading and unloading facilities were "adequately designed, constructed, maintained and operated in a way so as to avoid injury or undue suffering and to ensure the safety of the animals."
A second charge said that on the same date, the company failed to ensure a calf was handled in accordance with rules "prohibiting the lifting or dragging of animals by the head, ears, horns, legs, tail or fleece, or handling them in any way likely to cause unnecessary pain or suffering."
A third charge related to the use of a stick at the mart in April 2023.
A Department official, Imogen McGuinness, told the court that the prosecution was based on RTÉ footage filmed at the mart in February and April 2023.
This footage showed a calf being dragged and its tail lifted, and animals being mistreated in a loading area.
Ms McGuinness also said it appeared an ash stick was used by an individual to strike a calf.
The court heard that this individual was not a mart employee, but an independent contractor hired to move calves, and that the dragging incident involved a mart customer. However, Ms. McGuinness explained that the mart had responsibility for the treatment of animals on its premises.
Counsel for the mart, Donnchadh McCarthy BL, told the court that the company had accepted full responsibility and had no previous convictions. It had entered an early guilty plea, disciplined staff, and made unsuccessful attempts to contact the customer filmed dragging a calf.
He added that staff have since undergone training and said that the company was "embarrassed" to find itself in court.
Separately, the Department’s counsel, Paula McCarthy BL, confirmed to the court that the mart is now fully in compliance with its regulatory obligations.
Judge Joanne Carroll fined the company a total of €4,250 and ordered it to pay €3,500 towards the Department’s legal costs.
Dairy’s Dirty Secret asked for comment before the broadcast, DAFM said it "condemns any mistreatment of animals, and we take reports of animal welfare abuses seriously."
"As the information that you have provided suggests that avoidable pain and/or suffering has been caused to animals, DAFM, as the competent authority, will initiate an investigation into these matters," the Department told RTÉ.
"We will address these issues"
Shortly before the documentary was broadcast, Cork Co-operative Marts told RTÉ that the "mishandling or mistreatment of livestock, particularly of calves, is certainly not acceptable and cannot be defended."
"We will review the clips shown and address these serious issues with all staff, which will, at a minimum, involve further animal welfare training and awareness," the company said.
In a statement in July 2023, the Irish Farmers’ Association (IFA) said the DAFM inquiry into the "mistreatment of animals at marts and during transport uncovered by RTÉ Investigates has to be swift, thorough and robust."
"Sales at public auction and the transport of animals are governed by regulations and these must be adhered to," the IFA added.
The documentary also provoked a strong political response from the Government and the opposition.
Charlie McConalogue, the Minister for Agriculture at the time, told the Dáil that the issues raised in the documentary would be "vigorously pursued" by a DAFM investigation, adding that "What we saw was utterly unacceptable and in some instances illegal."
The then Taoiseach Leo Varadkar promised "robust and timely" action against those found to have broken the rules.
In addition, People Before Profit TD Paul Murphy told the Dáil that the documentary contained "shocking revelations" and exposed "the dark side of the dairy industry."
Welfare obligations
Following the documentary, the Department obtained undercover footage from RTÉ pursuant to its powers under the animal welfare legislation, which formed the basis for its recent prosecution.
In its recent statement to RTÉ, the Department also said: "The conviction and fines served are an important reminder that all persons, including mart operators, who have animal handling responsibilities during transport-related operations also have welfare obligations which they are required to adhere to under law."
The Department also acknowledged "the important role that RTÉ played in highlighting the welfare issues that featured on the July 2023 programme and the cooperation it provided to the Department’s investigation, which enabled appropriate enforcement actions to be taken."
