Fake approval
This document does not purport to be a legal interpretation of EU or national legislation
Because the Irish Cob Society established the Irish Cob Studbook (the studbook of the origin of the breed), the Irish Cob Society owns the studbook and is therefore legally entitled to maintain it.
The reason an application was submitted to the Department of Agriculture (the Department) by Evelyn Flynn (formerly Evelyn Murphy) in 1996 was therefore to seek official approval to be granted in accordance with Article 2(1) of Decision 92/353/EEC so that the Irish Cob Society (founded by Evelyn) would be approved to maintain its Irish Cob Studbook (the studbook of the origin of the breed) as an official studbook in respect of which the Irish Cob Society would therefore by authorised to issue the official identification document (passport) established in Decision 93/623/EEC in respect of the equines registered in its Irish Cob Studbook.
However, having taken two years to process the application, on 16 July 1998 the Department approved the Irish Cob Society under Regulation 3 of the European Communities (Equine Stud-Book and Competition) Regulations 1993 (S.I. 305/1993) 'for the purpose of maintaining the Irish Cob Studbook'—therefore as a Minister-owned (official department established) studbook, which being already official could have have official identification documents issued in respect of the studbook.
The approval granted to the Irish Cob Society on 16 July 2009 was therefore a false approval because the approval should have been an approval 'to maintain the Irish Cob Studbook as an official studbook in respect of which the Irish Cob Society was therefore authorised to issue official identification documents for registered equidae'.
The approval granted to the Irish Cob Society on 16 July 1993 under Regulation 3 of the European Communities (Equine Stud-Book and Competition) Regulations 1993 (S.I. 305/1993), therefore not only denied the Irish Society of it fundamental right to maintains it Irish Cob Stubbook (the studbook of the origin of the breed) but it also denied the Irish Cob Society of its fundamental right to ownership of its studbook.
True approval
Because Decision 92/353/EEC (being directly applicable in its entirety) overruled a false approval 'for the purpose of maintaining studbooks' laid down in Regulation 3 of the European Communities (Equine Stud-Book and Competition) Regulations 1993 (S.I. 305/1993), where applied to organisations and associations which established their own studbooks and which are therefore legally entitled to maintain their studbooks.
What this means is that (despite how it is worded in the Department issued 'approval letter' of 16 July 1998) the true approval granted to the Irish Cob Society in accordance with Article 2(1) of Decision 92/353/EEC, was for the purpose of maintaining the Irish Cob Studbook (which was established, and is therefore owned by, the Irish Cob Society) as an official studbook in respect which the Irish Cob Society was therefore authorised to issue the official identification document (passport) established in Decision 93/623/EEC. In simple terms, the true approval was to issue passports in respect of its Irish Cob Studbook (not to maintain the Irish Cob Studbook).
What this also means is that unless the Department found that the Irish Cob Society no longer met the conditions (for approval) laid down in the Annex to Decision 92/353/EEC, the true approval of the Irish Cob Society (to issue passports in respect of its Irish Cob Studbook) could not be withdrawn by the Department under Article 3 of Decision 92/353/EEC.
Refusal and revocation of fake approval
On 30 November 2012, the Department used its continued fake approval 'to maintain a studbook for registered equidae' laid down in Regulations 4(1)(b) of the European Communities (Equine) Regulations 2011 (S.I. 357/2911) as a methodology to make it appear (including to the Judge at the Irish Cob Society Ltd v the Minister High Court Judicial Review 2013) that the Irish Cob Studbook (the studbook of the origin of the breed) was a Minister-owned (official department established) studbook, which the Department could take from the Irish Cob Society and give to Horse Sport Ireland.
The point must be made very clearly that ownership of the Irish Cob Studbook (the studbook of the origin of the breed) was never transferred to the Minister, to the Department, or to Horse Sport Ireland, by the Irish Cob Society, or by a court.
Because Decision 92/353/EEC (being directly applicable in its entirety) overruled the fake approval 'to a studbook for registered equidae' laid down in Regulations 4(1)(b) of the European Communities (Equine) Regulations 2011 (S.I. 357/2911), and because the Department did not find (nor therefore produce any evidence) that the Irish Cob Society no longer met the conditions (for approval) laid down in the Annex to Decision 92/353/EEC, the true approval of the Irish Cob Society (to issue passports in respect of its Irish Cob Studbook) remain intact from the time the Department refused and revoked their fake approval of the Irish Cob Society 'to maintain the Irish Cob Studbook' on 30 November 2012.
Before the Department issued its fake approval refusal and revocation letter to the Irish Cob Society on 30 November 2012, it had issued its intention to refuse and revoke the fake approval letter on 23 July 2012. In the letter of 23 July 2012, the Department made three totally unreasonable and unfair allegations (a), (b) and (c) of non-compliance with the European Communities (Equine) Regulations 2011 (S.I. 357/2911) by the Irish Cob Society with the intention of refusing and revoking its fake approval of the Irish Cob Society 'to maintain the Irish Cob Studbook' to seek to justify taking the Irish Cob Studbook (the studbook of the origin of the breed) from the Irish Cob Society and giving it to Horse Sport Ireland.
In their fake approval refusal and revocation letter issued to the Irish Cob Society on 30 November 2012, the Department upheld their totally unreasonable and unfair allegations (a) and (b) only.
Because the letter of 30 November 2012 refusing and revoking the Department's fake approval of the Irish Cob Society 'to maintain the Irish Cob Studbook' and therefore the Department's false justification for taking the Irish Cob Studbook (the studbook of the origin of the breed) from the Irish Cob Society (the rightful owner of the studbook) and giving it to Horse Sport Ireland was based on two totally unreasonable and unfair allegations (a) and (b) of non-compliances by the Irish Cob Society with the European Communities (Equine) Regulations 2011 (S.I. 357/2011), it is necessary to 'call out' the Department.
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Allegation (b)
Regulation (EU) 2016/1012
Because Decision 92/353/EEC (being directly applicable in its entirety) overruled the fake approval of the Irish Cob Society 'to maintain the Irish Cob Studbook' granted under Regulation 3 of the European Communities (Equine Stud-Book and Competition) Regulations 1993 (S.I. 305/1993) and carried over in Regulation 3 of the 4(1)(b) of the European Communities (Equine) Regulations 2011 (S.I. 357/2911), and because the Department did not find (nor therefore produce any evidence) that the Irish Cob Society no longer met the conditions (for approval) laid down in the Annex to Decision 92/353/EEC, the true approval of the Irish Cob Society (to issue passports in respect of its Irish Cob Studbook) granted in accordance with Article 2(1) of Decision 92/363/EEC remained intact from the time the Department refused and revoked their fake approval of the Irish Cob Society 'to maintain the Irish Cob Studbook' on 30 November 2012.
What this means, is that from the time Regulation (EU) 2016/1012 replaced Decision 92/353/EEC in 2016, the Irish Cob Society has been been entitled to submit an application to the Department seeking recognition as a breed society, so that the Irish Cob Society's Irish Cob Studbook Breeding Programme (called the Irish Cob Society's Irish Cob Studbook Principles in Decision 92/353/EEC) could be approved so that the Irish Cob Society could continue to be authorised to issue identification documents (passports) as 'the organisation or association officially approved by the Member State' referred to in Article 5(1)(a) of Implementing Regulation (EU) 2015/262 (under which Regulation (EC) 504/2008 was repealed) and susequently as provided for in Article 4 of Implementing Regulation (EU) 2021/963 (under which Implementing Regulation (EU) 2015/262 was repealed).
The Irish Cob Studbook Breeding Programme
The Irish Cob Society's Irish Cob Studbook Breeding Programme (called the Irish Cob Society's Irish Cob Studbook Principles in Decision 92/353/EEC) is fundamentally based on The Irish Cob Breed Standard authored by Evelyn Flynn, which Evelyn permitted the Irish Cob Society to use to establish the Irish Cob Studbook (the studbook of the origin of the breed) in 1998.
However, when the Department refused and revoked its fake approval of the Irish Cob Society 'to maintain the Irish Cob Studbook' on 30 November 2012—therefore leaving the true approval of the Irish Cob Society (to issue passports in respect of its Irish Cob Studbook) intact from 30 November 2012, the Department took the Irish Cob Society name (the Irish Cob Studbook owners name) off the top the Irish Cob Society's Irish Cob Studbook Principles, and replaced it with the Horse Sport Ireland name, without having been permitted to do so by Evelyn Flynn or the Irish Cob Society, and without the Irish Cob Studbook (the studbook of the origin of the breed) having been transferred to the Department, to the Minister, or to Horse Sport Ireland by the Irish Cob Society, or by a court.
When Decision 92/353/EEC was replaced by Regulation (EU) 2016/1012 in 2016, the Department changed the name of the Irish Cob Society Irish Cob Studbook Principles to the Horse Sport Ireland Irish Cob Studbook Breeding Programme, so that Horse Sport Ireland so that the Irish Cob Studbook (the studbook of the origin of the breed) could continure to be misrepresented as a Minister-owned (official Department established) studbook which the Department could take from the Irish Cob Society and give to Horse Sport Ireland and then offer for public tender as a public studbook service.
Because these actions, taken by the Department could be viewed as fitting the legal definition of dishonestly appropriating property with the intent to permanently deprive the rightful owner (the Irish Cob Society) of the Irish Cob Studbook (the studbook of the origin of the breed), these actions taken by the Department could therefore be viewed as an offence committed by the Department under Article 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001, with Horse Sport Ireland being a possible accomplice.
The Department knew that the Irish Cob Society
established the Irish Cob Studbook
When the Department granted its fake approval to the Irish Cob Society on 16 July 1998 under Regulation 3 of the European Communities (Equine Stud-Books and Competition) Regulations 1993 (S.I. 305/1993), 'for the purpose of maintaining the Irish Cob Studbook' the Department knew that the Irish Cob Society was establishing the Irish Cob Studbook (the studbook of the origin of the breed) because at the time the Department granted its fake approval to the Irish Cob Society on 16 July 1998 'for the purpose of maintaining the Irish Cob Studbook', the Department directed Evelyn Flynn (Secretary of the Irish Cob Society) towards making an application to the Irish Horse Board for OPARDF funding available for Studbook Establishment and Maintenance.
On 31 August 1998, Evelyn Flynn therefore issued a letter to the Department in which she notified the Department that the Irish Cob Society had applied to the Irish Horse Board for OPARDF funding for Studbook Establishment and Maintenance, and she requested the Department to urge the Irish Horse Board to deal with our application without delay.
However, after the monies made available to the Irish Horse Board for OPARDF funding for Studbook Establishment and Maintenance were given to Horse Sport Ireland to manage, Horse Sport Ireland refused to provide the Irish Cob Society with any grant aid.
As a result, the Irish Cob Studbook (the studbook of the origin of the breed) was established and maintained by the Irish Cob Society without any grant aid whatsoever, and without any funding or assistance given by the Department.
Proof that the Irish Cob Studbook was established by (and therefore belongs to) the Irish Cob Society:
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The idea/concept for creating the studbook was proposed to the Department in 1996 by Evelyn Flynn);
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The society that the Department approved to maintain the Irish Cob Studbook—therefore, as an EU recognised studbook in respect of the society (the Irish Cob Society) was authorised to issue identification documents (passports) was founded by Evelyn Flynn.
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The Irish Cob Breed Standard required to allow the Irish Cob Studbook to be established by the Irish Cob Society as the studbook of the origin of the breed (the first studbook for the breed), and therefore to allow the Irish Cob Studbook Principles (now called the Irish Cob Studbook Breeding Programme) to be created, was authored by Evelyn Flynn (following years studying the breed and its breeders from the 1998s), and Evelyn Flynn was therefore recognised by the Department in 1998 as the first official Irish Cob Studbook inspector required to initiate the establishment of the Irish Cob Studbook (to begin populating the studbook with animals of the genotype), and to train and qualify other Irish Cob Studbook inspectors to judge animals for conformity with the Irish Cob Breed Standard.
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The office provided for the Irish Cob Studbook and passport issuing administration was in Evelyn Flynn's private premises (house).
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The privately licensed (Breeders Assistant) database, office equipment, materials, and funding required to allow the studbook to be established, and for the passports to be issued, were provided by Evelyn Flynn.
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All of the time (years) required to ‘set up’ the Irish Cob Studbook (the studbook of the origin of the breed) as the ‘mother’ Irish Cob Studbook in Ireland, and to ‘set up’ the ‘daughter’ Irish Cob Studbooks in other EU Member States was given free of charge (for no wages) by Evelyn Flynn.
Department Methodology
It is evident, that the Department knew exactly what they were doing and the reason why they did it when they framed section 4(1)(b) of S.I. 357/2011 the way they did, because after the Irish Cob Society Ltd v the Minister Judicial review was finalised in 2013—which the Department won because of their legally deficient 4(1)(b) of S.I. 357/2011 which failed to transpose (apply) Decision 92/353/EEC and which therefore failed to provide for the right of organisations and associations (such as the Irish Cob Society) which established studbooks to ownership of their studbooks, by denying them of their right to maintain their own studbooks.
The reason it is evident that the Department knew exactly what they were doing and the reason why they did it when they framed section 4(1)(b) of S.I. 357/2011 the way they did, is becuse after the Irish Cob Society v the Minister High Court Judicial Review concluded in 2013 (and therefore after the Department won the case because of their legally deficient 4(1)(b) of S.I. 357/2011 which led the judge to believe that the Irish Cob Studbook was a Minister-owned studbook which the Department had the right to take from the Irish Cob Society), the Department made new 2014 Regulations (S.I. 207/2014) in which section 4(1)(a) and (b) of the 2014 Regulations transposed (applied) Decision 92/353/EEC and therefore recognised for the first time the right of a person (organisation or association) to be approved for the purpose of establishing and maintaining their own studbook, so that they can be authorised to issue passports in respect of their studbook.
However, in 2014 the Department never came back to the Irish Cob Society apologising for having taken their Irish Cob Studbook (the studbook of the origin of the breed), and instead (to this day) continues (using the 'currupted section 4(1)(b) of S.I. 357/2011 influenced decision' made by the judge at the 2013 Irish Cob Society v the Minister High Court Judicial Review) to misrepresent the Irish Cob Studbook as a Minister-owned (official department established) studbook which the Department had the right to take from the Irish Cob Society and give to Horse Sport Ireland and then offer for public tender as a public studbook service.
The Irish Cob Society challenged the Department
The obvious question is 'why did the Department only target the Irish Cob Society?'
It is evident that the reason the Department only targeted the Irish Cob Society is because Evelyn Flynn challenged the Department for their incorrect and unsafe application of Regulation (EC) 504/2008 in Ireland from 1 July 2009 which caused not only non-compliance by Ireland with Article 24 of the Regulations (to have have laid down by 1 July 2009 rules on penalties for infringements of the Regulation) and with Article 11(1)nd paragraph of the Regulation (to have laid down a veterinary practitioner as the person authorised to implante transponder in equines), but for causing an unexpectedly crash in the Irish Horse Industry on 1 July 2009 as a result of the Department 'instructing’ the passport issuing organisations (PIOs) to penalise owners of equines born up to 1 July 2009 by classifying the equines on Section IX of their passports issued from 1 July 2009 as ‘not suitable for slaughter for human consumption' in contravention of Article 26(2) of the Regulation.
However, the Department refused to acknowledge that Evelyn was correct by challenging the Department for contravening Aricle 26(2) of Regulation (EC) 504/2008 by instructing’ the passport issuing organisations (PIOs) to penalise equine keepers from 1 July 2009 where the time frame for identifying equines stipulted in Article 5(6) of Regulation (EC) 504/2008 was infringed in respect of equines born up to 30 June 2009 by classifying Section IX of the equines' passports issued from 1 July 2009 as ‘not suitable for slaughter for human consumption' and during the time there no national regulations were in force which laid down rules on penalties for infringements of the regulation.
Not only did the Department caused Ireland to infringe Article 24 of Regulation (EC) 504/2008 by not having in force from 1 July 2009 national regulations which lay down penalties for infringements of the Regulation, but by 'instructing' the issuing bodies to classify equines born up to 30 June 2009 as ‘not suitable for slaughter for human consumption' on the passports issued from 1 July 2009, the Department contravened Article 26(2) of the Regulation because the Department 'required' the issuing bodies to deny owners of equines born up to 30 June 2009 of the temporary transitional provisions—from 1 July 2009 to 31 December 2009—provided in Article 26(2) of the Regulation in respect of equines born up to 30 June 2009.
Industry crash on 1 July 2009