Beef on the Bone

Back to the Sheriff Court

1998-11-17: Sheriff Paterson's Judgement

At 10:30 am on Thursday 5th and Friday 6th November, the case of the Procurator of the Procurator Fiscal vs James Sutherland continues.

In March 1998, Sheriff James Paterson ruled that the the Beef Bones Regulations 1997 were "manifestly absurd" and that they failed to identify what conduct was prohibited by them. Indeed, Sheriff Paterson concluded that the terms of Regulation 3(2) of the unpopular regulations would outlaw the refrigeration of beef on the bone during transit, prior to processing.

On the June 26 1998, the High Court in Edinburgh upheld an appeal by the Procurator Fiscal, that the Sheriff Paterson "failed to interpret the Regulations in such a way as to give them clear meaning" as he is required to do.

The second hearing at the Selkirk Sheriff Court will hear the following arguments:

Improper Purpose

The regulations were introduced for reasons of European diplomacy, not food safety.

Irrationality

The scope of the regulations is at the same time too wide and too narrow. (Part of this argument dealing with the manifest absurdity of the terms of Regulation 3(2) has been decided by the High Court.)

Inadequate Consultation

The Secretary of State did not properly consult with the licenced trade, did not consult regarding Regulation 3(2) and allowed only 5 working days for the consultation process

Michael Upton, Advocate will again represent Jim Sutherland. Duncan MacNeill, the Procurator Fiscal for Selkirk and Peebles, will appear before the Crown.

1998-11-04
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