Fury as live exports ban is lifted

Protesters threaten siege of Dover after High Court rules ban on animal trade illegal

Dover is facing the threat of major disruption by protesters against the livestock export trade after a decision yesterday by the High Court that the port authority had acted illegally by banning the live animal traders from the port.

The court also ruled that Coventry airport and Plymouth City Council must allow live animal exports.

The landmark judgment, which in effect ensured the future of the trade for the foreseeable future, was greeted with glee by exporters and horror by animal rights campaigners. Mark Glover, of Respect for Animals, who orchestrated the original mass protests which led to the recent ban, predicted civil disobedience would close Dover to all traffic.

"The judges were calling for the rule of law to be upheld but they've wholly ignored the consequences of their judgment. We'll be calling on all our supporters to take part in all the demonstrations against the trade and that will include Dover," he said.

Jonathan Sloggett, managing director ofDover Harbour Board, said that when the trade restarted - probably after Easter - he feared there would be disruption for 99 per cent of Dover's customers for the sake of the 1 per cent of animal export traffic.

He added: "The board has been, and remains, very concerned that the admission to the port of Dover of the trade in live animals for export will cause considerable disruption to all the other users of the port.

"The board very much hopes that all those who sincerely object on moral grounds to the exportation of live animals for slaughter will accept that Dover has a legal duty to admit this trade and cannot lawfully refuse to do so."

Kent police have previously warned Dover that, in the event of any serious disturbance, the A2 and A20 approach roads to the port would have to be closed, causing widespread disruption. They are now drawing up plans for dealing with fresh protests.

Lord Justice Simon Brown and Mr Justice Popplewell ruled that Dover, Coventry and Plymouth had no right to surrender to "mob-rule" and they must accept the trade regardless of the protests that will ensue.

The judges ruled that the port and airport authorities must accept all lawful trade despite their determined opposition to accepting livestock exports.

The judges severely criticised the authorities for acting out of "narrow self-interest". Dover and Coventry had warned the court that their operations would be severely hampered or halted by animal welfare campaigners, who would take their protest wherever the trade was conducted.

The authorities argued that the interests of existing port and airport users must take precedence over newcomers. Dover warned specifically that a 250-strong demonstration could be capable of closing Britain's busiest port.

The judges said the demonstrators should now recognise it was "impossible" for the ports to submit to unlawful protest and accept "the limitations upon their lawful right to protest".

Lord Justice Simon Brown said: "If ever there were cases demanding the courts' intervention in support of the rule of law, these are they.

"It may indeed be doubted whether there remains any logic in protesting at the ports: the only body properly able to ban this lawful trade is Parliament itself - unless indeed the Secretary of State is advised that even that would be unlawful under Community law, in which event the only solution lies across the Channel."

The decision marked a victory for the livestock exporters Peter Gilder & Sons and Russanglia Ltd, who argued thatDover's decision to ban the trade was unlawful because the port was duty bound to accept all lawful cargoes.

Their victory was shared by Phoenix Aviation, which argued that Coventry City Council acted unlawfully by trying to block the trade, and by Associated British Ports, owner of Plymouth's Millbay docks, which argued that it had no power to unilaterally ban the trade despite the claims of the city council.

Liberty, formerly the National Council for Civil Liberties, also joined in the criticism of yesterday's judgment.

Andrew Puddephatt, its general secretary,said: "A Private Member's Bill to stop live animal exports was introduced into Parliament in February but ran out of time when one of William Waldegrave's aides spent 24 minutes reading chunks from the Encyclopaedia Britannica to furious MPs.

"In the face of antics like that, it seems both ludicrous and insulting to claim that people should trust in the parliamentary process rather than engaging in protest that has been largely peaceful."