Horse traders in RTÉ documentary seek to overturn the trading ban

Two horse traders from Sligo, featured in a recent RTÉ Investigates documentary about Ireland's equine industry, have taken legal action against the Department of Agriculture over a notice that effectively closed their equine business.

Following the documentary's airing last June, the Department issued a compliance notice that prevented Felix Burke and his son, Edward Burke, from allowing horses to enter or be removed from their equine premises in Collooney, Co Sligo.

It also required the Burkes to provide certain information concerning the origins of the 81 horses on their premises.

The Burkes subsequently appealed that notice, which was issued under animal identification and tracing regulations on 29 July, to the District Court.

They are seeking to have the notice rescinded.

They claim that the Department's decision to issue the notice was made in error, is unreasonable, and disproportionate.

It is also claimed that the decision breaches their constitutional rights to private property, to a good name, and to earn a livelihood.

The court was told that the notice had a devastating impact on their business and livelihood, and they had lost around €200,000 since the notice was issued.

"This family is facing meltdown financially," the Burkes’ counsel, Michael McDowell SC, told the court. "They have no other means of support."

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The notice required the Burkes to provide various details concerning the origins of the 81 horses on the Burkes’ equine premises, including their original herd numbers and the original premises where the horses were located.

Sligo District Court heard the Burkes trade in "sport horses" for riding and showjumping and do not trade in thoroughbreds.

Mr McDowell told the court that the Burkes purchased horses at fairs and auctions and that it was not reasonable to expect them to be able to provide this information.

Edward Burke told the court that he could provide some of the requested information to Department officials on spreadsheets but that it was proving impossible to provide all of it.

"If Felix bought a horse from a man on a green in Ballinasloe last year, it would be very hard to find that man now," Edward Burke said.

He said that his father - who was recovering from a stroke he suffered shortly before the Department issued its notice - was well respected in the equine sales business and had never had any previous issues with the Department.

Watch: RTÉ Investigates: Horses - Making a Killing

Department had to be 'seen to do something’

Edward Burke also said that he was told by a Departmental official, Jack Doyle, that the Department had "to be seen do something" following the broadcast of the RTÉ documentary.

However, counsel for the Department, Margaret Nerney SC, said this was strongly disputed by Mr Doyle, who would say that he did not, nor would not, state this.

Ms Nerney also told Edward Burke, under cross-examination, that the information he provided to the Department "is not detailed enough, not according to your legal obligations".

"There is an obligation to have traceability, accountability, and identification, with respect to these equine animals," Ms Nerney said.

Legal requirements concerning identification and traceability were "not sprung on you," Mr Nerney told Edward Burke, adding that it was not the Department’s job to "spoon-feed" him his legal obligations.

She also said that some of the regulations in this area date back to 2014 and questioned Edward Burke as to why some of his horses had passports issued in Northern Ireland.

Mr Burke said that obtaining horse passports in Northern Ireland was more efficient, where there was a quicker turnaround time than in Ireland.

The case, being heard before Judge Brendan O’Reilly, was adjourned until later this month.

Concerns

The documentary - RTÉ Investigates: Horses, Making a Killing - raised serious concerns about the equine industry in Ireland, attracting significant media and political attention.

The documentary reported that the Burkes were active horse sellers in northern Europe.

It also stated that they frequently attended horse auctions in Ireland, including a popular horse auction at Goresbridge, Co Kilkenny, where they have spent over €400,000 on primarily low-cost horses since 2021.

One horse featured in the documentary was a mare originally named Finnisk Sally, purchased by Felix Burke for €2,900 at a public auction in Goresbridge on 8 July 2022.

She came with an independent veterinary certificate and an Irish microchip.

However, RTÉ Investigates later traced Finnisk Sally to Sweden, where it was discovered that she had a second microchip that matched a horse passport issued by the Northern Ireland Horse Board.

It is unusual for a horse to have two microchips and two different passports.

The Northern Ireland passport identified her as Rock House Venus and recorded her as four years younger than the age stated in the Finnisk Sally passport.

RTÉ Investigates located Swedish import records that showed that Rock House Venus was sold for nearly €5,000 in July 2022.

Felix and Edward Burke told RTÉ Investigates that they found an inconsistency with Finnisk Sally's microchip and passport, prompting them to apply for a new passport that matched the microchip number.

They said they applied for a passport in Northern Ireland because obtaining one in the Republic was time-consuming.

They said that this was not unusual, and they also said that they relied on a highly qualified veterinarian to determine the mare's age.