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THE INQUIRY INTO THE LESSONS TO BE LEARNED FROM THE FOOT-AND-MOUTH DISEASE OUTBREAK OF 2001 SUBMISSION FROM THE OPEN SPACES SOCIETY, MARCH 2002 Introduction 2. During the foot-and-mouth crisis in 2001, the society received many requests for advice from our members and the general public, and were consulted by local authorities and others about the reopening of public paths. Many of our members acted as volunteers to assist in the reopening of public paths. We are therefore well placed to comment on the lessons to be learned from the foot-and-mouth outbreak. 3. Our submission to the inquiry is set out below.
Closing the countryside was a disaster 4. The effect of FMD on the rural and urban economies, as well as on public enjoyment and psychology (feeling ‘shut in’) has been well documented, but disaster struck as soon as the government declared the countryside closed. Even though it backtracked soon after and claimed various attractions were open, it was too late. The message had stuck. 5. There must never again be such a knee-jerk reaction to any outbreak of animal disease.
There must be no wholesale closure of paths 6. Nearly all the public paths were closed over the first weekend in March. Never have highway authorities acted with such speed. It proved to be completely unnecessary. If local roads do not need to be closed, paths certainly do not. 7. In future, paths must only be closed if there is firm scientific evidence that it is necessary to do so in order to prevent spread of the disease, and then they must only be closed on an individual basis.
Paths must be reopened as quickly as they are closed 8. Once the paths had been closed, it took months to get them reopened. The Country Landowners and Business Association, National Farmers’ Union, other farming and landowning organisations, as well as individual farmers and landowners jumped on the bandwagon. While we were praised for our responsible behaviour in advising our members to stay out of the countryside, we were also conned for a while into believing it was necessary. It only took the government about four weeks to discover that path users did not spread FMD, yet it took many months to get paths reopened. 9. There must be a system to ensure that, once it has been established that the path or access land offers no threat to spread of the disease, it is reopened at once.
Misleading signs on public paths are a criminal offence 10. The countryside was littered with home-made signs telling people to keep out. On public paths these are a criminal offence under section 57 of the National Parks and Access to the Countryside Act 1949, and the highway authority has a duty to take enforcement action. But highway authorities appeared to turn a blind eye to such notices. Misleading notices on access land will also be an offence under section 14 of the Countryside and Rights of Way Act 2000 once the rights of access take effect. 11. In future, highway authorities must carry out their statutory duty to prosecute those who persist in using misleading notices on definitive paths. All official notices must be dated and for a fixed period only, so that if they remain after that date, they cease to be valid.
Intransigent local authorities Many highway authorities behaved particularly badly, refusing to reopen paths even when there was no or very few FMD outbreaks in their area. Lincolnshire and Buckinghamshire County Council, dominated by farming interests, were two examples. Even many urban authorities closed all their paths and public spaces when there was not the slightest need to do so. The government must in future penalise authorities who are obstructive or slow about reopening paths and access land.
Vaccination 15. While not qualified to comment on vaccination generally, we consider that there should have been a pilot vaccination of hefted flocks. This would have prevented the immediate cull of hefted flocks, and the consequent loss of the innate knowledge of their territory. Now, while the new animals learn their boundaries, they must be contained. The consequence is fencing which damages the landscape and our enjoyment of it, much of it on common land. We are already seeing this on common land in the Lake District, for example. 16. Hefted flocks must be vaccinated because of their vital importance to the protection of landscape and access.
National access database 17. The FMD outbreak showed how necessary it was to be able to transmit detailed information to the public about closures in the countryside as quickly as possible. This would be made infinitely easier if the government provided funding for a national access database. We understand that the Countryside Agency’s application for funding last year was rejected at the very time when its value was being demonstrated. The government should recognise the urgent need for such a database and decide now to introduce one. The National Assembly should also introduce one for Wales. 18. National access databases must be introduced in England and Wales.
Kate Ashbrook
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