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Georgina Downs taking on DEFRA in the High Court

Last post Wed, Jul 8 2009 8:37 by craman. 7 replies.
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  • Wed, Jul 16 2008 9:54

    Georgina Downs taking on DEFRA in the High Court

    Over the next couple of days pesticide campaigner Georgian Downs is appearing in the High Court as part of a legal challenge against DEFRA. 

    For the last 7 years, Ms. Downs, who runs the UK Pesticides Campaign (www.pesticidescampaign.co.uk), has been campaigning to highlight what she says is the Government’s inherent fundamental failure to protect rural residents and communities from exposure to toxic pesticides sprayed near homes, schools, children playgrounds and other premises. Ms. Downs is challenging the lawfulness of DEFRA’s policy and approach in view of the overriding public safety duty as required by EU and UK law, which requires that before pesticides are approved for use risk assessments must be undertaken to establish that there will be no harmful effect on the health of all relevant exposure groups, (including that of residents).

     

    She argues that the Government’s only method of assessing the risks to public health from crop-spraying is based on the model of a ‘bystander’, in which it assumes that there will only be occasional, short-term exposure to the spray cloud at the time of the application only, from a single pass of a sprayer. It also assumes exposure will only be to one individual pesticide at any time.

     

    Ms. Downs has continued to argue throughout her campaign that this model does not address residents like herself, who are repeatedly exposed to mixtures of pesticides and other chemicals, throughout every year, and in many cases, like her own situation, for decades.

     

    Ms. Downs says, The fact that there has never been any assessment of the risks to health for the long-term exposure for those who live, work or go to school near pesticide sprayed fields is absolutely astonishing considering that crop-spraying has been a predominant feature of agriculture for over 50 years. The Government has failed (and knowingly continues to fail) to protect people in the countryside from pesticides which is definitely one of the biggest public health scandals of our time.”      Ms. Downs’ legal case is also arguing for the first time in the High Court that crop-spraying near residents homes is in violation of Articles 8 and 14 ECHR [the European Convention on Human Rights]. Ms. Downs, who has submitted 3 detailed Witness Statements for her Judicial Review challenge, states, “The evidence really is quite clear that the Government has knowingly failed to act, has continued to shift the goalposts, cherry picked the science to suit the desired outcome and has misled the public, especially rural residents over the safety of agricultural pesticides sprayed on crop fields throughout the country. The Government’s response to this issue has been of the utmost complacency, is completely irresponsible and is definitely not “evidence-based policy-making”. It also appears incompatible with EU legislation on a number of counts and this is the reason I am taking this legal action, as the Government must be challenged over its failure to act to protect public health, especially in relation to babies, children and other vulnerable groups.”  
    Content Editor for Farmers Weekly
  • Wed, Jul 16 2008 14:21 In reply to

    • sjk
    • Top 50 Contributor
      Male
    • Joined on Thu, Jul 26 2007
    • Kent, UK

    Re: Georgina Downs taking on DEFRA in the High Court

    I mean this as no offence too anyone but I can't understand why anyone who doesn't like things involved with farming to the point that they complain about things live next too fields or a farm. I am waiting for a call in the next few days for a neighbour asking if we can move the wrapped bales as he doesn't like the colour green of the wrap. We only put them up there if we run out of room here. Where before he brought and moved in to the house we had got bales up there he knew it was a working farmyard yet he still complains about everything and thinks its safe and a good climbing frame for his children to clamber over all the wrapped haylage bales and the straw bales.

     

    Sam

    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.
    Groucho Marx
  • Wed, Jul 16 2008 22:02 In reply to

    Re: Georgina Downs taking on DEFRA in the High Court

     

    Someone (who is actually a very nice lady and good friend of ours) did once complain that our fields were always full of sheep and she couldn't let her dog have a run off the lead! Well - full marks for NOT letting the dog off anyway! Unfortunately, people don't realise that the countryside is a place of work - sometimes dangerous work - and it is not the municipal park.
    Keeping sheep from their lifetime ambition
  • Fri, Jul 18 2008 22:25 In reply to

    Re: Georgina Downs taking on DEFRA in the High Court

    We have had complaints about our dogs barking at the postman, fields being worked after dark and, in one case, my ten year old daughter being told off by a lady rider for talking to a sheep because it frightened her horse.

    When asking that their dogs not chase our sheep told, "Our dogs are pedigree and worth more than your sheep." and, when asking for cars to be moved from a gateway to let the tractor out, told that we were persecuting them and they would have the police on us!

    One of our new neighbours who announced how pleased he was to move to the open countryside has just put up a six foot fence around his property.

    These were not all the same people so it seems more and more of those who move to the country are somehow missing the point.

    "Everything's shiny cap'n"
  • Sat, Jul 19 2008 21:56 In reply to

    • sjk
    • Top 50 Contributor
      Male
    • Joined on Thu, Jul 26 2007
    • Kent, UK

    Re: Georgina Downs taking on DEFRA in the High Court

    Ours are all pleasnt enough its just the requests that cause I to have trouble keeping a straigh face sometimes. Well they all pleasant enough but two who were a bit rude but after school and college they seemed pretty poor insults as I have heard much better ones.

    Sam

    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.
    Groucho Marx
  • Tue, Jul 7 2009 11:43 In reply to

    Re: Georgina Downs taking on DEFRA in the High Court

    Georgina Downs pesticides victory overturned. Appeal court has just ruled in DEFRA's favour 

    Here's what Peter Kendall had to say:

    NFU President Peter Kendall said: “This outcome is a victory for commonsense. The regulations governing pesticides and spraying are already very strict and any additional regulation would add further unnecessary burdens on farmers. A pilot project carried out for the Government pesticide regulator CRD showed that most people have no objections what-so-ever to the current approach.“However we do recognise the concerns of a few people.  We have already produced the Good Neighbour Initiative and the NFU is currently consulting with its members on how this could be extended via a voluntary neighbour re-assurance scheme for residents living near a farm.“We will now read the full judgment closely and consider the implications for farmers’ pesticide management and wait to hear Defra’s response to this verdict.”
  • Tue, Jul 7 2009 12:47 In reply to

    Re: Georgina Downs taking on DEFRA in the High Court

    While I have every sympathy for the frustrations of farmers over trivial neighbourly interventions, please spare a thought for my daughter who was sprayed accidentally by an operant with a cocktail of herbicides while walking in the grounds of her university.  She suffered immediate temporary loss of vision and within days severe ill health problems, from which only now some 18 months later is she beginning to recover. 

  • Wed, Jul 8 2009 8:37 In reply to

    • craman
    • Top 500 Contributor
    • Joined on Sun, May 22 2005

    Re: Georgina Downs taking on DEFRA in the High Court

    That was a very nasty incident, redcliff and will have caused you all great angst during your daughter's recovery - we would hope that you have achieved some sort of recompense against the university and/or the sprayer operator but we do not know the precise circumstances of the matter. Hope all is well now.

    As a certificated spraying farmer I have to thank DEFRA for going to Appeal against Downs, and also thank the Judges for their judgement, and hope we can get on with the job, within current law and codes of practice, without further interference.

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