Establishment of the Irish Cob Studbook
In early June 1996, Evelyn Flynn (formerly Evelyn Murphy made a telephone call to the Department of Agriculture official Mr Brian Walsh proposing to establish the first studbook for the feathered cob created in Ireland by Irish Travellers. Evelyn explained to Mr Walsh that because Irish Travellers had not given a name to the breed—except ‘the piebald’ (because they were predominantly black and white)—that she would name the studbook the Irish Cob Studbook (thereby naming the breed for the first time).
Evelyn explained to Mr Walsh that she considered it important to have the Irish Cob Studbook officially recognised so that identification documents (passports) could be issued in respect of the animals registered in the studbook. Evelyn therefore proposed to establish a body (organisation or association) and to apply to the Department for registration (of that body) as Keeper of the Irish Cob Studbook
Mr Walsh invited Evelyn to send her proposals in writing to the Department (addressed to him), and to assist her he told her that he would send her the relevant EU (then EEC) and national studbook and identification legislation—i.e Decision 92/353/EEC and Decision 93/623/EEC which were adopted pursuant to Article 4 of Directive 90/427/EEC and S.I. 305/1993 which transposed the EU studbook and identification legislation into Irish Law.
On 28th June 1996 Evelyn put her proposals in writing to Mr Walsh (the Department).
On 18 July 1996, the Department issued a letter to Evelyn in which the Department officially recognised the Irish Cob Studbook—which the proposed body (organiation or association) would establish—and acknowledged Evelyn's proposal to establish (found) a body (organisation or association) that would apply to the Department for registration as Keeper of the Irish Cob Studbook—i.e. and that would therefore apply to the Department for approval to be granted to the proposed body (organisation or association) in accordance with Article 2(1) of Decision 92/353/EEC to establish and maintain the proposed Irish Cob Studbook as an EU recognised studbook in respect of which the proposed body (organisation or associatio) would therefore be authorised to issue the identification document (passport) established in Decision 93/623/EEC.
On 31 March 1998 the Department issued a letter to Evelyn notifying her that they would approved her Society for the purpose of maintaining the Irish Cob Studbook—therefore in accordance with Article 2(1) of Decision 92/353/EEC to establish and maintain the proposed Irish Cob Studbook as an EU recognised studbook in respect of which the proposed body (organisation or associatio) would therefore be authorised to issue the identification document (passport) established in Decision 93/623/EEC—on condition that she prodived five pieces of information.
Because Evelyn provided the five pieces of infomation required by the Department—including Irish Cob Breed Standard (breed characteristics) authored by Evelyn, which she permitted the Irish Cob Society (her Society) to use to establish the Irish Cob Studbook—on 16 July 1998, the Department issued a letter to Evelyn Flynn (of the Irish Cob Society) informing her approval was granted to the Irish Cob Society under Regulation 3 of European Communities (Equine Stud-Book and Competition) Regulations, 1993 (S.I. 305/1993) 'for the purpose of mantaining the Irish Cob Studbook'. which transposed the studbooks legislation Decision 92/353/EEC into Irish Law (pursuant to Article 4(1)(a) of Directive 90/427/EEC).
A dangerously warped (incorrect) approval
An approval granted under Regulation 3 of S.I. 305/1993 was a dangerously warped (incorrect) approval because although S.I. 305/1993 gave effect to the 'Equine Stud-Book' legislation Decision 92/353/EEC, S.I. 305/1993 not only failed to give effect to the 'Equine Identification' legislation Decision 93/623/EEC, but Regulation 3 of S.I. 305/1993 failed to recognise the fundamental right of organisation or association (provided in Decision 92/353/EEC) to establish their own studbook, and therefore to maintain their own studbooks.
Regulations 3 of S.I. 305/1993 therefore incorrectly (and potentially most damagingly) only recognised an approval for the purpose of maintaining a studbook—and therefore a Minister-owned (official department established) studbook—thereby denying an organisation or association which established their own studbook (such as the Irish Cob Society), not only of their fundamental right to maintain their own studbooks, but also of their right to ownership of their studbook.
Because the Irish Cob Studbook which the Irish Cob Society established was the first studbook in the European Union (EU) for the breed, the Department also notified the European Commission in 1998 that the Irish Cob Society was regarded as the body (organisation or association) which maintained the Irish Cob Studbook as the studbook of the origin of the breed (aka the 'mother' Irish Cob Studbook)—as referred in 2(2)2nd indent of Decision 92/353/EEC.
