All 5 contributions to the Animal Welfare (Livestock Exports) Act 2024 (Ministerial Extracts Only)

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Animal Welfare (Livestock Exports) Bill

(Limited Text - Ministerial Extracts only)

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2nd reading
Monday 18th December 2023

(11 months, 1 week ago)

Commons Chamber
Animal Welfare (Livestock Exports) Act 2024 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Animal Welfare (Livestock Exports) Act 2024 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Steve Barclay Portrait The Secretary of State for Environment, Food and Rural Affairs (Steve Barclay)
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I beg to move, That the Bill be now read a Second time.

The Animal Welfare (Livestock Exports) Bill before us today will cement our position as a world leader on animal welfare. It will ban from Great Britain the export of cattle, sheep, goats, pigs and horses for slaughter and fattening, putting a permanent end to this unnecessary trade. I am proud to say that we are a nation of animal lovers. We have some of the highest animal welfare standards in the world and we continue to strengthen them. Indeed, the UK was the first country in the world to pass legislation to protect animals and we are currently joint top of the world animal protection index. The Bill builds on our proud record by preventing the unnecessary journeys of animals being exported abroad for slaughter.

We have already delivered a raft of measures to protect and enhance animal welfare. In the past five years alone, we have introduced tougher sentences for animal cruelty through the Animal Welfare (Sentencing) Act 2021 and recognised in law the sentience of all vertebrates and some invertebrates via the Animal Welfare (Sentience) Act 2022. We brought into force the ivory ban, one of the world’s toughest bans on ivory sales, and the Wild Animals in Circuses Act 2019 prohibits travelling circuses from using wild animals, in recognition of the intrinsic value of wild animals and the need to respect them.

We continue to go further to improve animal welfare. Just this year, we have brought forward compulsory cat microchipping, and we are banning the keeping of primates as pets. Today marks another step forward in delivering better welfare for the animals in our care, as the Animal Welfare (Livestock Exports) Bill will end unnecessary journeys abroad for slaughter. Taking advantage of Brexit freedoms, we can now legislate to end this trade, which we were unable to do for so many years due to European Union trade rules.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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If I may have the liberty of saying so, I am sure that Mr Deputy Speaker would be speaking enthusiastically in support of the Bill if he were not in the Chair, because of his commitment to animal welfare.

The Secretary of State has just said that this is a Brexit freedom, and I very much remember it being trumpeted during the Brexit campaign, but that was more than seven years ago. By the time this Bill becomes law, it will be eight years. What has taken him so long?

Steve Barclay Portrait Steve Barclay
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I would have thought the hon. Lady would welcome the fact that we are able to legislate. For so many years, Members of this House called for the ability to prevent live exports, but we were not able to do so. Where I agree with her is on Mr Deputy Speaker’s support for animal welfare, which is recognised across the House.

I want to take a moment to acknowledge Members who have championed this important issue over a number of years, which speaks to the hon. Lady’s point. In particular, I recognise my hon. Friend the Member for South Thanet (Craig Mackinlay), who has repeatedly lobbied on this issue and, indeed, in 2016 proposed a private Member’s Bill to amend the Harbours, Docks and Piers Clauses Act 1847 to allow ports and local authorities to ban live exports.

I recognise my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who also actively championed a ban, including, in 2017, tabling a private Member’s Bill to prohibit live exports. Although her proposals did not make it on to the statute book, they reminded the House of the public concern on this important issue and, indeed, helped to lay the groundwork for the Bill before us today.

I also pay tribute to my hon. Friend the Member for West Dorset (Chris Loder) who has championed this issue both within the Department and within this House. Indeed, there have been numerous debates during which many Members on both sides of the Chamber have spoken passionately about ending live exports, reflecting the strong support in the country for a ban.

I also thank the tireless campaigners whose efforts have helped to raise awareness of this issue among hon. Members and the wider public, particularly the RSPCA and Compassion in World Farming, which have both actively campaigned on this issue over many decades, as well as World Horse Welfare, which was founded in 1927 to stop the export of horses for slaughter.

Live animal exports have been a focus of campaigning by animal welfare charities for more than 50 years. Indeed, in the 1990s, when millions of animals were exported for slaughter each year, several legal challenges sought to ban live exports. These challenges were unsuccessful, not least because, as a member of the EU, we were bound by EU rules on animal welfare during transport, which prevented the House from acting.

Bob Seely Portrait Bob Seely (Isle of Wight) (Con)
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I thank the Secretary of State for chatting to me earlier. The export of live animals somewhat suggests travel by sea and, because we do not have an abattoir on the Isle of Wight, we have to export animals to the UK for slaughter before bringing them back. There are potentially more humane ways of dealing with animals, one of which would be to have a small-scale abattoir on the Isle of Wight. On the current small-scale abattoir programme, the Government are working only with current abattoirs and abattoir owners. Will the Secretary of State meet me to discuss how we can get a small-scale abattoir on the Isle of Wight, so that we can enjoy the spirit, as well as the de jure benefits, of this excellent Bill?

Steve Barclay Portrait Steve Barclay
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My hon. Friend raises an important point. The Government have committed £4 million of additional investment through the smaller abattoir fund, recognising the importance of reducing animals’ journey times. As we have discussed separately, I am happy to meet him to discuss what more we can do in the context of smaller abattoirs, particularly recognising the specific issues of geography in his constituency.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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I warmly thank my right hon. Friend for his kind comments about my long-term involvement. It is great that we no longer have EU barriers, but how can we be sure that we will not run into World Trade Organisation issues? What work has he done to ensure that the Bill survives any potential challenge on trade grounds?

Steve Barclay Portrait Steve Barclay
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I drew attention to my right hon. Friend’s long campaigning, and I will return, if I may, to the trajectory of this issue before addressing her point.

Calls for a ban intensified after 2012, when the Animal and Plant Health Agency intercepted a consignment of sheep due to sail from the port of Ramsgate and 42 sheep were humanely killed after being found unfit to travel. I welcome that, since the 1990s, we have seen export numbers decline significantly. In 2020, around 6,300 sheep were exported from Great Britain to the EU for slaughter, and around 38,000 sheep were exported for fattening. I am pleased to say that, thanks to the UK’s exit from the EU, there have been no recorded exports for slaughter or fattening from Great Britain to the EU since January 2021, and now is the time to enshrine that in law.

Luke Evans Portrait Dr Luke Evans (Bosworth) (Con)
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I thank the Secretary of State for making the point that, from 2021, there have been no further exports for slaughter. My farmers are concerned about reproduction. Can he clarify whether the Bill is just about slaughter? What can be done about the gene pool, by making sure that people are still allowed to trade genetic material across the world in order to strengthen stocks?

Steve Barclay Portrait Steve Barclay
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My hon. Friend characteristically raises a pertinent point, which I will address. He is right to draw a distinction between exports for slaughter and wider breeding programmes, particularly in the horse industry.

Given the demand from Europe’s slaughterhouses for livestock, especially British sheep, there is no reason to think that this trade would not resume at the first opportunity if we did not legislate now to ban live exports. That is why we must put an end to this unnecessary trade.

Long journey times can lead to a host of animal welfare issues, including stress, exhaustion, dehydration and injury. The journeys that once took young, unweaned calves from Great Britain to Spain for fattening were found to last on average 60 hours, and in some cases over 100 hours.

George Eustice Portrait George Eustice (Camborne and Redruth) (Con)
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I warmly welcome the Bill, on which the Department has been working for some time. This measure was a big component of the Animal Welfare (Kept Animals) Bill in the last Session.

This Bill sends a very important message internationally, because where the UK leads on animal welfare, other countries often follow. My right hon. Friend will be aware that some of the worst problems and the longest journeys relate to livestock going from Australia to the middle east for slaughter. Does he share my hope that the Australian Government will learn from this British example and modernise their laws to end that trade?

Steve Barclay Portrait Steve Barclay
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My right hon. Friend raises an extremely important point. In large measure, that international leadership comes from the leadership he showed, when he was Secretary of State, in placing animal welfare at the forefront of the approach taken by the Government and the Department. I hope other countries will look at that approach and at the benefits it will bring. His leadership is a very good illustration of that.

As my right hon. Friend will recall, even the shortest direct-to-slaughter export journeys from Britain to continental Europe in 2018 took 18 hours. The UK Government, along with the Scottish and Welsh Governments, commissioned the Farm Animal Welfare Committee to examine and report on animal welfare in the transporting of livestock. Its 2018 report drew on a range of sources—

Steve Barclay Portrait Steve Barclay
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Before updating the House on that important point, I will, of course, give way.

Jim Shannon Portrait Jim Shannon
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I thank the Secretary of State and, as I have not had the opportunity to do this yet, wish him well in the position he now holds. He understands, as I am sure almost everyone in this Chamber does, that the farmer loves his animals and wants to do what is best for them. What discussions has he had with the National Farmers Union and the Ulster Farmers Union about this issue, ever mindful that the farmers wish to do what is best for their animals?

Steve Barclay Portrait Steve Barclay
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I could not agree more with the hon. Gentleman that farmers care passionately for the welfare of their animals. A similar point arises where one often sees the debate on nature and sustainable farming set up as if those things are in conflict. I do not think they are. I think that farmers are the custodians of the land and want to pass it on to future generations in better health, with better soil quality, than before. They have a similar approach to animal welfare issues. Farmers care for their livestock, which is why so many of them will welcome the measures we are taking today.

I was just touching on the 2018 report by the Farm Animal Welfare Committee commissioned by the UK, Scottish and Welsh Governments, which included expert opinion through stakeholder engagement, the responses to a call for evidence on welfare in transport, and a systemic review conducted by Scotland’s Rural College and the University of Edinburgh. The report identified several aspects of transport that have a detrimental effect on animal welfare, such as the stress of unfamiliar surroundings, vehicle motion, confinement and poor ventilation. The report expressed concerns about lengthy journeys, recommending that animals should be transported only when necessary.

In line with the Government’s manifesto commitment, and following the FAWC report, in 2020 we undertook a public consultation with the Welsh Government on banning live exports. The strength of public feeling against live exports was clearly demonstrated; we received more than 11,000 responses to that consultation, showing that the public care deeply about this issue. Some 87% of respondents agreed that livestock and horses should not be exported for slaughter and fattening, and now is the time to lock in a ban to permanently end those unnecessary export journeys.

The Bill’s core provision prohibits the export of relevant livestock from Great Britain for slaughter and makes doing so an offence. The Bill is focused on banning live exports where major animal welfare concerns have been identified. Accordingly, it legislates to end all exports from or transit journeys through Great Britain of cattle, sheep, pigs, goats and horses for fattening and slaughter.

It may be helpful to speak to the issue raised by my hon. Friend the Member for Bosworth (Dr Evans) and set out briefly what the Bill does not prohibit. The Bill still allows exports of livestock, including horses, for other purposes such as breeding, shows and competitions, provided the animals are transported in line with legal requirements aimed at protecting their welfare. Animals exported for breeding are transported in very good conditions so that they can live a full and healthy life once they arrive in their destination country. Moreover, the export of breeding livestock from the UK can assist in food resilience of local breeds in third countries. Indeed, British breeds can offer advantages, such as genetic disease resistance and high-quality animals.

The Bill does not apply to journeys within the UK, the Channel Islands and the Isle of Man, nor does it apply to livestock and horse movements within the UK, such as those from Great Britain to Northern Ireland. That is to ensure that farmers in Northern Ireland have unfettered access to the UK and Republic of Ireland markets. This Bill will not apply in Northern Ireland.

In addition to the central provision that introduces the ban, the Bill contains a delegated power to provide regulations about enforcement of the ban. It empowers the appropriate national authorities to make regulations to provide for enforcement and sets out the scope of those enforcement regulations, including safeguards relating to powers of entry and the criminal offences that may be created.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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The Minister has identified a point of great resentment to people in Northern Ireland who are concerned about animal welfare, and it should be a point of concern for people right across the UK. He has indicated that the Bill cannot and will not apply to Northern Ireland. The journeys that he says are unnecessary, stressful and exhausting, and can cause injury to animals when they are transported from Great Britain, will be able to occur for animals based in Northern Ireland. They can be taken to the south of Spain without any of these requirements being applied to them. How does he explain that?

Steve Barclay Portrait Steve Barclay
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It is because the Bill ensures that farmers in Northern Ireland have unfettered access to the UK and the Republic of Ireland. The point that the right hon. Gentleman highlights is part of the wider issues that the House has debated at length, not least when considering the Windsor framework. We have discussed those issues on many occasions in this House.

The Bill empowers the appropriate national authorities to make regulations to provide enforcement and includes safeguards relating to powers of entry and the criminal offences. The power will enable the Department to work closely with the Scottish and Welsh Governments to provide an effective and proportionate suite of measures to enforce the ban across England, Scotland and Wales. It will ensure that the enforcement of the ban can work alongside the existing protections on the welfare of animals in transport, which are set out in detail in existing legislation.

The Bill also repeals sections 40 to 49 of the Animal Health Act 1981. Those provisions were intended to prevent the export of horses and ponies for slaughter, particularly by setting minimum value requirements. Now that we are banning all live exports, including of horses and ponies for slaughter, those provisions are no longer necessary. Their repeal will streamline the legislation, avoiding any confusion that might arise from the existence of two measures for controlling the export of horses and ponies for slaughter. Given the degree of support for the ban on live exports, I want to reassure Members from across the House that the ban and its associated enforcement regulations will come into force as soon as possible.

In conclusion, continuing to allow the unnecessary live export of animals for slaughter would undermine this country’s proud record on animal welfare. I am confident that many Members of this House will agree on the importance of advocating for the animals in our care and that this Bill marks another significant milestone in our progress towards delivering better animal welfare across the nation. In 2016, the EU referendum brought renewed public interest in finally ending live exports for slaughter. Now that we have this long-awaited opportunity, I urge the House to support the Bill in consigning this unnecessary trade to the history books. I commend the Bill to the House.

--- Later in debate ---
Sarah Dyke Portrait Sarah Dyke (Somerton and Frome) (LD)
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Although I very much welcome the return of this Bill, I wish it had not been an afterthought. I wish this was not another U-turn, albeit a partial U-turn, designed to paper over the cracks of 13 years of Government failure. More than anything, I wish this Government showed the same concern for the welfare of those who care for our livestock.

Farmers and farms are facing huge deficits in their finances. The Department for Environment, Food and Rural Affairs has cut, cut, cut funding to our farms. This Government have failed to create a system that is equitable, as the reformed system still disproportionately benefits large landowners. The take-up of the flagship environmental land management policy, the sustainable farming initiative, is very low: only 82,000 eligible farmers are currently signed up. All the while, DEFRA figures show a cut in departmental communications at a time when farmers are the least financially secure in 50 years.

Farmers are being sent like lambs to the slaughter by this Government, and have been betrayed and undermined by the botched Tory Brexit deal and the shambolic lack of planning that has devastated farm finances, leaving many farmers on the brink. Farmers have been let down by trade deals with countries that have far lower animal welfare standards than our own, flooding the market with cheap and lesser-quality produce, and markets continue to narrow further.

I must declare an interest at this point. I may be merely a spring lamb in this place, but I am from a farming family, my neighbours are farmers and my friends are farmers. We are the custodians of the countryside and we care about the welfare of our livestock, so I am keen to shed light on how this Government’s policy, or lack of it, affects farmers. National Farmers Union polling data from August shows that 87% of dairy farmers in England are seriously worried about the effect of Government regulation on their finances. Farmers make up 1% of the UK population, but they account for 14% of workplace incidents, a rate 20 times higher than the UK industry average. Unfortunately, last year, 36% of those were suicides.

Mark Spencer Portrait The Minister for Food, Farming and Fisheries (Mark Spencer)
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Does the hon. Member want to give us a single example of a regulation this Government have introduced on dairy farmers?

Sarah Dyke Portrait Sarah Dyke
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I will not at this stage—I will carry on with what I am saying—but of course lots of funding has been cut.

In 2021, the Royal Agricultural Benevolent Institution’s big farming survey found that over a third of respondents displayed symptoms classifying them as having poor mental health as a flagging concern, while 47% displayed anxiety and 21% showed signs of depression. The farmers at the highest risk of poor mental health were those working with pigs, grazing livestock and dairy, the sectors primarily affected by this legislation. The Liberal Democrats were the first to assert that mental health is equal to physical health. I am very grateful to the Farm Safety Foundation for its work, and I hope Members will join me in supporting its Mind Your Head campaign in February. I urge any farmers listening today to use its fantastic “Little Book” to get information and help.

However, we need the Government to step up and stop expecting charities to fill their wellies. I urge Ministers to listen to our farmers, reflect on Government messaging, and devise a properly considered, fully financed, long-term plan for food and farming resilience in this country. I call on the Government to listen to our farmers and to the Liberals Democrats, and to plan for the long haul and value the welfare of our hard-working farmers as much as the welfare of our livestock.

--- Later in debate ---
Mark Spencer Portrait The Minister for Food, Farming and Fisheries (Mark Spencer)
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May I first draw the House’s attention to my entry in the Register of Members’ Financial Interests?

I thank Members from across the House for their constructive approach and for their comments and support for the Bill. It has been brilliant to hear that consensus. Although there are a few areas on which we may disagree, it is clear that we can agree on the core aims of the Bill. That deep value that we all place on animal welfare acts as our lodestar, and I am grateful for that shared perspective.

The Bill builds on our proud record as world leaders on animal welfare. Ending the unnecessary export of livestock, including horses, will prevent the associated stress, exhaustion and injury caused by those journeys. It will signal to our international partners our firm commitment to improving welfare standards for kept animals and reinforce our position as global leaders on this important issue.

Many animal welfare groups have called for this ban on live exports. We have heard support for the Bill from Government Members. May I put on record my acknowledgement of the KALE—Kent Against Live Exports—group, which has done an enormous amount of campaigning on the issue, working with my hon. Friend the Member for South Thanet (Craig Mackinlay), who cannot be in his place today, and other colleagues across the House? We know that there is huge public support for the ban, as evidenced by the flood of respondents to our consultation, 87% of whom agreed on the need for the ban on exports for slaughter and fattening. There is clearly broad recognition that we must end these unnecessary journeys, and we are taking the opportunity to do that.

May I pay tribute to a number Government Members? My hon. Friend the Member for Penrith and The Border (Dr Hudson), who has vast experience in this area, gave an excellent speech and has focused a great deal of effort on making sure that horses are not affected by their export. He also referred to bluetongue and African swine fever. I assure him that we are very much on the case of making sure that our borders are secure. This week, I will talk to the chief veterinary officer about bluetongue and our response for next spring.

I also pay tribute to all four former Secretaries of State, and it has not gone unnoticed that we have had four times as many former Secretaries of State on the Government Benches as there are Labour Back Benchers in their places. I pay tribute to my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), who is a good friend of mine and drove the Bill forward during her time. I will get myself into trouble, but I also draw attention to my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who started the process. She has been an amazing campaigner and has a fantastic track record on animal welfare. It has not gone unnoticed that my hon. Friend the Member for Uxbridge and South Ruislip (Steve Tuckwell) is a passionate campaigner on animal welfare, just as his predecessor was. I cannot stand at the Dispatch Box without paying tribute to the former Member for Uxbridge and South Ruislip, who was a passionate campaigner on animal welfare issues. That leaves to the end my hon. Friend the Member for Southend West (Anna Firth), who has picked up the baton from her predecessor. I knew that we were to get a lecture on Emilie’s law as she is a campaigner who wants to stop dog-on-dog attacks. I pay tribute to her for all her efforts on animal welfare.

I was amused by my hon. Friend the Member for North Norfolk (Duncan Baker), who told us about cows being played music and radio stations. I hope that they will not be played Radio 4 and “Farming Today” on a regular basis—that could be quite depressing for those animals. I assure the House that it certainly does not cheer me up every morning.

We have had a mostly positive debate. There were a few little chips from Opposition Members, but I will not dwell on them too much. Party politics should not really play a role in animal welfare. We in this House all care about animals because we are members of the United Kingdom and we are British—caring about animals is within our DNA. The Government will continue to push hard on animal welfare.

Mark Francois Portrait Mr Francois
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As the Minister knows, I have always had a lot of time for him, so I shall not press him on the Windsor framework, but I think that the right hon. Member for East Antrim (Sammy Wilson) had a point. Our great friend Sir David would have warmly welcomed the Bill, but he had a long shopping list, so, at the risk of pressing on the Minister’s generosity, will he agree to meet David’s excellent successor, my hon. Friend the Member for Southend West (Anna Firth), and me early in the new year to talk about the Farm Animal Welfare Committee’s 2015 report on farrowing crates, so that we can at least have a discussion on the issue and see whether anything at all can be done?

Mark Spencer Portrait Mark Spencer
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I am always delighted to meet my hon. Friends. Should my diary allow, I am sure we can find a slot for that to happen.

I pay tribute to all colleagues who have participated today.

Mark Spencer Portrait Mark Spencer
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I thought I had got away with it, but I will give way.

Sammy Wilson Portrait Sammy Wilson
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I thank the Minister. I hope that he was not coming to a conclusion, but was about to address the very important point that I raised in the debate. The Bill should include animal welfare provisions right across the United Kingdom. There is a route by which his concerns about cross-border trade between Northern Ireland and the Irish Republic would be dealt with, while at the same time ensuring no loophole for long journeys for animals into continental Europe. Will he take that up in Committee?

Mark Spencer Portrait Mark Spencer
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I commit to continuing this conversation with the right hon. Gentleman beyond the Chamber. I should be clear that livestock transported for slaughter from Great Britain to Northern Ireland must go directly to a slaughterhouse. It would be an offence for them to move anywhere else. On arrival at the slaughterhouse, the animals and the accompanying health certificates must be presented to the Department of Agriculture, Environment and Rural Affairs officer at that point. Livestock exported for any other purpose—not for slaughter—would need to remain at the place of destination in Northern Ireland for a minimum of 30 days and be re-tagged. That is necessary to comply with the animal identification requirements after arriving in Northern Ireland.

The requirements would mean that livestock must remain in Northern Ireland for a minimum of 30 days, and would make the slaughter trade uneconomic in those circumstances. I am more than happy to continue the conversation with him offline. We have given some thought to this and have had conversations with our friends both in the Ulster Farmers’ Union and Northern Ireland.

Mark Spencer Portrait Mark Spencer
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I will take one more intervention, and then I will conclude.

Mike Penning Portrait Sir Mike Penning
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The Minister is very kind. One thing he probably did not hear me mention was foie gras. He has not mentioned the fact that I made a speech, because it was not that good. Will he commit the Secretary of State to meet me—my office is only two doors down the corridor from him—to discuss why we are allowing foie gras to be imported into this country, when we banned its production here? I made that point in my speech but, clearly, I did not get it across hard enough.

Mark Spencer Portrait Mark Spencer
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The danger of mentioning colleagues by constituencies is that, occasionally, I miss one out. I apologise to my right hon. Friend for not singling him out for his brilliance, which is a matter of record in this House. I get into trouble for making commitments at the Dispatch Box for my own diary, so I am not about to start making them for the Secretary of State’s diary. I am sure that if my right hon. Friend were to write to the Secretary of State, he would be able to answer that question.

Once again, I pay tribute to colleagues who have participated in the debate. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Animal Welfare (Livestock Export) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Animal Welfare (Livestock Exports) Bill:

Committal

(1) The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and on Third Reading

(2) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement.

(3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

(5)Any other proceedings on the Bill may be programmed.—(Mike Wood.)

Question agreed to.

Animal Welfare (Livestock Exports) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Animal Welfare (Livestock Exports) Act 2024 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Douglas-Miller Portrait Lord Douglas-Miller
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That the Bill be now read a second time.

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, I beg to move that the Bill be now read a second time. I declare my interests as set out in the register, in particular my livestock farming and land management interests.

We are here to consider the Animal Welfare (Livestock Exports) Bill, which will fulfil the Government’s commitment to end excessively long journeys for slaughter. The Bill will ban the export of cattle, sheep, goats, pigs and horses for slaughter and fattening from Great Britain, stopping the unnecessary stress, exhaustion and injury caused by this trade. I think noble Lords will agree that, from a welfare perspective, animals should be transported only when necessary. This Bill will prevent unnecessarily long export journeys by ensuring that livestock are transported on shorter and less stressful journeys for slaughter domestically.

The Government recognise that we are a nation of animal lovers, with some of the highest animal welfare standards in the world. Indeed, we were the first country in the world to pass legislation to protect animals, and we are now building on that tradition by continuing to strengthen our animal welfare standards even further.

On farm animal welfare in particular, the Government have launched the animal health and welfare pathway, providing financial support for farmers to help them improve the health and welfare of their livestock. We have made available £30 million in capital grants to co-fund investment in equipment, technology and infrastructure projects. We have introduced a £4 million smaller abattoir fund, which will improve animal health and welfare and help to sustain our network of smaller abattoirs. This support will help to maintain short journey times for livestock to slaughter.

This brings us to today’s consideration of the Animal Welfare (Livestock Exports) Bill. In the 1990s, a vast number of animals were exported for slaughter each year. This period saw several unsuccessful attempts to ban live animal exports through legal challenges by local and port authorities. At that time, we were bound by EU free trade rules that prevented any such prohibition on live exports.

The RSPCA and Compassion in World Farming have taken up the cause of live animal exports and have campaigned for a ban on exports for slaughter for over 50 years. World Horse Welfare was founded in 1927 with the aim of stopping the export of horses for slaughter. I am grateful to these, and many other animal welfare organisations, for their support of the Bill.

I also recognise the long-standing interest of many noble Lords in banning live exports. I particularly acknowledge the work of the noble Baroness, Lady Fookes —who I believe is 21 again today—the noble Baronesses, Lady Hodgson of Abinger and Lady Jones of Moulsecoomb, and the noble Lord, Lord Randall of Uxbridge. I am grateful for their efforts in championing these causes.

We have seen the number of live animal exports decrease significantly over recent decades. Since 2020, there have been no recorded exports for slaughter or fattening from Great Britain to the EU. However, the demand from Europe’s slaughterhouses for British livestock, especially sheep, remains. The Bill will ensure that this trade cannot resume.

There is a clear rationale for the Bill. The shortest direct-to-slaughter export journey from Great Britain to continental Europe in 2018 took 18 hours. Most domestic journeys to slaughter in the UK are significantly shorter. Journeys of unweaned calves from Great Britain for fattening in Spain were found to last on average 60 hours.

The UK Government and the Scottish and Welsh Governments commissioned the Farm Animal Welfare Committee to examine animal welfare during the transport of livestock. Its 2018 report identified several aspects of transport that have a detrimental effect on animal welfare and recommended that animals should be transported only when necessary. Following the committee’s report, we undertook a public consultation with the Welsh Government in 2020 on banning live exports. We received over 11,000 responses, and 87% of respondents agreed that livestock and horses should not be exported for slaughter or fattening.

The ban on live exports must be GB-wide to be effective, and I am grateful to colleagues in Scotland and Wales for their valuable contributions to the Bill. While the Bill does not extend to Northern Ireland— I will come on to why shortly—I also thank the Department of Agriculture, Environment and Rural Affairs for its work alongside my officials in the development of our policies.

I now turn to the detail of the Bill’s provisions. The core provision prohibits the export of relevant livestock from Great Britain for slaughter and makes it an offence to do so. The Bill is focused on banning live exports where major animal welfare concerns have been identified. Accordingly, it legislates to end all exports from, and transit journeys through, Great Britain of cattle, sheep, pigs, goats and horses for fattening and slaughter.

Prior discussions in the other place explored whether the scope of the ban should be extended to cover a wider list of species. When we carried out our consultation in 2020, we were clear about the species we were seeking to apply the ban to. We received no evidence then—and have received none since—that a ban on any other species was necessary.

It is also important to be clear about what is not prohibited. The Bill still allows for exports of livestock and horses for other purposes, such as breeding, shows and competitions. Animals exported for breeding are transported in very good conditions, so that they can live a full and healthy life once they arrive at their destination. The Bill does not apply to journeys within the United Kingdom, the Channel Islands and the Isle of Man.

I return to the reason the Bill does not extend to Northern Ireland. To ensure that farmers in Northern Ireland have unfettered access to both the UK and Republic of Ireland markets, the Bill will not apply to Northern Ireland. As part of the new Windsor Framework constitutional arrangements, a Minister in charge of a Bill must make certain written statements if the Bill contains provisions that would affect trade between Northern Ireland and other parts of the United Kingdom. Since this Bill does not apply to livestock and horse movements within the UK, it is my view that there will be no such impact and that no such statement is therefore required.

Recent discussions in the other place highlighted the importance of protecting the access that Northern Irish farmers have to the Republic of Ireland. Farmers in Northern Ireland routinely move animals to the Republic of Ireland for slaughter and fattening. It is critical that we protect the Northern Irish agricultural sector and wider economy, and that is why the Bill’s territorial extent is drafted as it is.

The Bill contains a delegated power to provide for regulations about the enforcement of the ban. It empowers the appropriate national authorities to make enforcement regulations and sets out their possible scope. That power will enable the department to work closely with the Scottish and Welsh Governments to provide an effective and proportionate suite of measures to enforce the ban. We intend to bring the ban and its associated enforcement regulations into force as soon as possible. The Bill also repeals Sections 40 to 49 of the Animal Health Act 1981. Those provisions were intended to prevent the export of horses and ponies for slaughter, particularly by setting minimum value standards. Now that we are banning all live exports of horses and ponies for slaughter, those provisions are unnecessary.

I know that there is considerable support for this ban both in Parliament and among the public. I hope that Members of your Lordships’ House will agree on the importance of working to enhance this country’s proud record on animal welfare. The Bill marks another significant milestone in our progress towards delivering better animal welfare across the nation. In 2016, the EU referendum brought renewed public interest in finally ending live exports for slaughter. Now that we have that long-awaited opportunity, I hope that your Lordships will support the Bill and ensure that our exports take place on the hook, rather than on the hoof.

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Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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My Lords, I thank all 14 noble Lords and noble Baronesses who have spoken for their thoughtful and constructive comments, and in particular those, beginning with the noble Baroness, Lady Young, who congratulated me on my appointment and my first Bill. It is a pleasure to have delivered such a happy birthday present to my noble friend Lady Fookes.

As we have heard, the Bill will end the unnecessary export of livestock and horses for slaughter and fattening, and prevent the associated stress, exhaustion and injury caused by these journeys. It signals to our international partners our firm commitment to improving welfare standards for all kept animals, reinforcing our position as global leaders on this important issue. Many animal welfare groups, as well as a number of parliamentarians, have called for this ban on live exports. We know that there is also huge public support for this measure. There is clear and broad recognition that we must end these unnecessary journeys.

Before I address a number of the specific questions, I will briefly touch on two things. The first, from the noble Baroness, Lady Bakewell, is the bluetongue virus, which is very current. I do not have a timeframe for when this restriction will be lifted, but I will get back to her as soon as I do. The second, from the noble Baroness, Lady Hayman, is the welfare of animals during a transport delay. I will write and confirm the exact details of how they are looked after and how we address this issue.

I turn now to the questions asked by noble Lords. The noble Baronesses, Lady Young and Lady Jones, my noble friend Lady Fookes and many others queried why other species were not within the scope of the ban. I assure them that the Bill’s definition of “relevant livestock” covers all species for which there has been a significant slaughter export trade, which the Government consulted on in 2020. In the 10 years prior to EU exit, the live export trade for slaughter and fattening mainly involved sheep and unweaned calves.

Compassion in World Farming and the RSPCA, both leading campaigners on banning live exports for the past 50 years, agree that the Bill covers the relevant species to end this unnecessary trade. Responding to proposed amendments in the other place, Compassion in World Farming said that it is not aware of any alpacas, llamas or deer being exported for slaughter, and the RSPCA said that only sheep, calves and horses have been exported from Britain for slaughter over the last 10 years.

The issue of small abattoirs was raised by the right reverend Prelate the Bishop of St Edmundsbury and Ipswich, the noble Lords, Lord Carrington, Lord Trees and Lord de Clifford, the noble Baronesses, Lady Hoey, Lady Bakewell and Lady Hayman, and my noble friend Lady Hodgson, so it was a popular subject today. Many asked what further financial assistance there is for small abattoirs and what work we are doing to promote and market sheep products, particularly in order to develop our meat export trade. The farming investment fund has offered access to financial support to establish new producer-led abattoirs. Now that the first round is closed, we will assess how the scheme has performed and will investigate the potential launching of a second round later this year. The Government are working with the Agriculture and Horticulture Development Board and industry to help secure market access for world-class British red meat and dairy, empowering our exporters to maximise opportunities on the global stage.

The noble Lord, Lord Trees, queried whether Northern Ireland could be used as a loophole for transporters wanting to export livestock for slaughter and fattening. I assure him that the requirements when moving animals to Northern Ireland would make such a slaughter trade uneconomic. Livestock transported for slaughter from Great Britain to Northern Ireland must go directly to the slaughterhouse. It would be an offence to take them anywhere else. When livestock are moved for other purposes, they must be moved directly to the holding destination and remain there for at least 30 days. Failure to do so is an offence and may result in prosecution. We will also continue to monitor volumes over the next few years as this policy takes effect.

Baroness Hoey Portrait Baroness Hoey (Non-Afl)
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The Minister rightly said that, in theory, anyway, the 30-day period stops in respect of transportation from Great Britain to Northern Ireland. But what about all the animals in Northern Ireland that will not be affected by that limit, and that will go to the Republic and down to Rosslare, and on a long journey to France and then Morocco?

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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The noble Baroness makes a very good point. Once animals have passed into the Republic of Ireland, that is outwith the jurisdiction of the Bill. That is the current position.

I would like to address the issues eloquently described by the noble Lord, Lord Dodds, and the noble Baroness, Lady Hoey, concerning Northern Ireland and the Bill. I hope they will appreciate that I am somewhat constrained in this respect. Perhaps I might write to them separately on the issues they have raised.

The noble Lord, Lord Dodds, raised the question of negotiations with the EU on veterinary medicines going into Northern Ireland. The Government are committed to seeing a long-term, sustainable solution ahead of December 2025 that will properly support the flow of veterinary medicines into Northern Ireland from Great Britain on an enduring basis. It remains our priority to find a solution, through technical talks with the EU, that removes the barriers to supply of veterinary medicines into Northern Ireland. The Government are very clear that, in all scenarios, it is imperative to safeguard the supply of veterinary medicines into Northern Ireland. If necessary, we will deploy all available flexibilities in line with our legal obligations.

The noble Lord, Lord Carrington, and the noble Baroness, Lady Hayman, asked about the impact of this legislation on farmers and businesses. The current position is that we expect the ban to have minimal impact. We published an impact assessment in 2021, which can be accessed via the Bill’s Explanatory Notes. We estimated the direct cost to businesses of ending live exports to be around £5.2 million across the 10-year appraisal period, or around £500,000 per year. As there have been no exports for this purpose since 2020, the impact will have further decreased.

My noble friend Lady McIntosh, the noble Baroness, Lady Young, and the noble Lord, Lord Carrington, also asked about border control posts on the northern coast of France. EU border control posts can be operated only with the approval of the competent authority in the relevant EU member state. The majority of BCPs are privately operated, and the main barrier to date for the establishment of a BCP for livestock is the commercial viability of such a site. We have encouraged our counterparts in France to do more to support commercial efforts to construct and operate a BCP for livestock, and we continue to engage with them to try to resolve this issue.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, may I press my noble friend on that point? Across the European Union, most ports are owned by the state. Is there any wriggle room whereby my noble friend and the Government could ask the Government of France to look into providing some sort of help? It looks like a rather protectionist measure as it stands.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I understand my noble friend’s point. I assure her that our officials are working very hard on this issue, but it is not going at pace at the moment.

My noble friend Lady McIntosh also asked why the Bill had been brought forward, given that there are other issues facing our farming sector. It is important that we put a permanent end to this unnecessary trade. Although there have been no exports of livestock for slaughter recently, given that there is demand from the EU for sheep from Great Britain, we would expect that trade to restart in the future if we did not legislate to ban live exports now. She also asked whether there were any plans to introduce a corresponding ban on animals imported for slaughter and fattening. There has never been a particularly significant import trade for either: for example, in 2019, only 91 cattle and 178 sheep were imported for slaughter or fattening from mainland Europe.

The noble Baronesses, Lady Bakewell and Lady Hayman, reflected on the Government’s broader animal welfare commitments. I take this opportunity to reassure them that we remain committed to our other animal welfare manifesto commitments, which are to crack down on illegal puppy smuggling, ban the keeping of primates as pets, and prevent livestock worrying.

On the question that the noble Baroness, Lady Hayman, raised on poultry, when we consulted on banning live exports for slaughter or fattening, we were clear that we were not proposing to extend the ban to poultry. There have been no exports of adult poultry for slaughter in recent years. I appreciate that the poultry industry and breeding companies export around 25 million day-old chicks every year, but no welfare concerns have been identified with this practice.

I once again thank all those who have spoken for their thoughtful and valuable comments. It has been hugely encouraging to hear the broad consensus throughout the debate on the importance of protecting and enhancing the welfare of the animals in our care. It is also clear that we can agree on the core aims of the Bill.

Bill read a second time and committed to a Grand Committee.

Animal Welfare (Livestock Exports) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Thursday 14th March 2024

(8 months, 1 week ago)

Grand Committee
Animal Welfare (Livestock Exports) Act 2024 Read Hansard Text Amendment Paper: HL Bill 39-I Marshalled list for Grand Committee - (12 Mar 2024)

This text is a record of ministerial contributions to a debate held as part of the Animal Welfare (Livestock Exports) Act 2024 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, I thank the noble Lord, Lord de Clifford, for bringing forward Amendments 1 and 8. I was pleased to add my name to them. As he said, this was discussed at Second Reading and had a lot of support in the Chamber. We know that trends in the types and number of animals being exported can change quite a lot over time, so it is practical and sensible to ensure that the legislation can be kept up to date by revisiting the banned list in future. The noble Baroness, Lady Fookes, talked about the fact that changes can happen, and we need to be prepared for that.

It does not make any sense to me that if a future Government wanted to increase the list, they would have to go back to primary legislation. By putting it in the Bill, it can be done easily through affirmative secondary legislation, as the noble Baroness, Lady Bakewell, said. These amendments would allow that to happen. Taken together, we believe that Amendments 1 and 8 are a sensible measure that allows for future flexibility, and I hope that the Government will seriously consider adding it into the Bill. I cannot see why it is an unacceptable request.

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, I am grateful to the noble Lord, Lord de Clifford, my noble friend Lady Fookes and the noble Baronesses, Lady Bakewell and Lady Hayman, for their interest in this Bill and for seeking to ensure that the ban on live exports for slaughter is comprehensive.

This is indeed an important question, which we carefully considered when developing this legislation. We consulted on the ban on live exports in 2020 and received over 11,000 responses. I reassure noble Lords that we received no evidence then, and have received none since, that a ban on any other species was necessary. The definition of “relevant livestock” covers all species for which there has been a significant slaughter export trade. In the 10 years prior to EU exit, the live export trade for slaughter and fattening mainly involved sheep and unweaned calves.

Several noble Lords noted in our earlier discussions that poultry is not within the scope of the Bill. We have had no exports of poultry for slaughter in recent years.

Noble Lords have also discussed this amendment in the context of alpacas, llamas and deer. The 2021 June agriculture census reported records of around 45,000 farmed deer, 12,000 alpacas and 1,000 llamas kept in the UK. These numbers are extremely low compared to the numbers of animals for which a significant slaughter export trade has existed in the past; for example, around 33 million sheep and 10 million cattle are kept in the UK.

Deer, llamas and alpacas are kept for a range of reasons, such as for venison and for alpaca fleece. We have no evidence of any of these species being exported for slaughter or fattening from Great Britain to the EU, nor, indeed, that there is any demand for a trade in live exports from the EU or elsewhere. As the noble Lord, Lord de Clifford, pointed out, Compassion in World Farming, an organisation that has campaigned to ban live exports for 50 years, has said that it is

“not aware of any alpacas, llamas or deer being exported for slaughter”.

The RSPCA has also said that

“only sheep, calves and horses have been exported from Britain for slaughter in the last 10 years”.

I understand the noble Lord’s desire to ensure that the ban will apply to all relevant animals, both now and in future. However, when considering the data that we have on the past slaughter export trade, I firmly believe that the current definition of “relevant livestock” is already sufficiently comprehensive. I therefore ask the noble Lord to withdraw his amendment.

Lord de Clifford Portrait Lord de Clifford (CB)
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I thank the noble Baronesses, Lady Fookes, Lady Bakewell and Lady Hayman, for their support for my amendment and for seeing the practical side of why we should have this amendment in place. I also thank the Minister for his detailed response, as ever, although I am disappointed that I have been asked to withdraw my amendment; it is practical and would safeguard those other species for the future. I beg leave to withdraw the amendment.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, these amendments ask pretty important wider questions about the Bill’s impact on imports, trade and farming. Some extremely good questions have been asked about how we can ensure, when we trade with other countries, that we receive imports that meet the high standards we set for our own farmers.

I turn first to the two amendments in the name of the noble Baroness, Lady McIntosh of Pickering. I was very pleased to add my name to Amendment 2. We need to look at reciprocal arrangements with the EU around imports. The noble Baroness gave a really good example of how farming standards are undermined by imports; she talked about eggs and pigmeat in particular, as well as the fact that, although battery cages are banned here, we can import from countries that still use them.

Poultry is not within the scope of the Bill. As for the livestock trade, I am not sure whether eggs would be included—meat is certainly not included, only livestock—so I am not sure that these amendments fall within the scope of the Bill. However, this is an incredibly important issue that needs to be addressed by both the department and government. As the noble Baroness, Lady Fookes, said, a review is not a big ask. In thinking about when the noble Baroness, Lady McIntosh of Pickering, talked about imported livestock and the fact that the Minister did not have the numbers at Second Reading, I wonder whether the numbers are known at all—or, indeed, whether there is a guesstimate as to how many. It would be interesting to know whether those figures actually exist.

In speaking to her Amendment 3, the noble Baroness, Lady McIntosh of Pickering, mentioned breeding stock. I tried to put down an amendment on that but was told that it was not within the scope of the Bill, so I imagine that the noble Baroness’s amendment is not either. However, again, the points that she made about sanitary and phytosanitary checks on imports are incredibly important, whether we are looking at animal diseases that may reach our shores or that have already reached our shores. It is incredibly important that we are very aware of those border checks.

The noble Baroness, Lady Hoey, tabled Amendment 4. As she did at Second Reading, she raised concerns about the movement of animals in Northern Ireland and their potential onward movement through Ireland to, as she said, wherever; we do not know where animals could end up and what conditions they could be held in. Again, in her amendment, she is asking for a review, in this case a review of the Bill’s impact on trade between Great Britain, Northern Ireland and the EU. To me, that seems a reasonable request.

In speaking to Amendment 5 in her name, the noble Baroness, Lady Bakewell of Hardington Mandeville, clearly laid out farmers’ concerns regarding trade agreements. We are all very aware, I think, of the concerns that have been raised over the last few years while different trade agreements have been agreed or, sometimes, not agreed. The issues of animal welfare and standards have always been at the forefront of those discussions.

I conclude by saying to the Minister that, although some of the debate we have just had on this group is not within the scope of the Bill, these are issues that need addressing.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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My Lords, I am grateful to my noble friend Lady McIntosh of Pickering and the noble Baronesses, Lady Hayman of Ullock, Lady Hoey and Lady Bakewell of Hardington Mandeville, for their engagement on this Bill and their contributions to this debate.

The proposed reviews of the impact on trade between Great Britain and the EU—or Great Britain, Northern Ireland and the EU—are not necessary, for several reasons. In the first place, there have been no recorded exports for slaughter or fattening from Great Britain to the EU since 2020, and this Bill makes that permanent. In these circumstances, putting an end to this trade cannot on its own have an impact on the current trade balance between Great Britain and the EU. We also have full clarity on the subject of livestock trade between Great Britain and Northern Ireland. Movements of animals within the UK internal market are out of scope of this Bill. Slaughter and fattening movements will therefore be able to continue between Great Britain and Northern Ireland, although there have been very few movements of this kind.

The Bill will not apply in Northern Ireland to ensure that farmers in Northern Ireland have unfettered access to both the UK and Republic of Ireland markets. As a result, the Bill will not have an impact on the trade of livestock between Northern Ireland and the EU. The final destinations for the vast majority of livestock exported for slaughter from Northern Ireland are in the Republic.

Taken all together, I can understand the concerns that, despite this Bill, there will be loopholes for livestock movements from Great Britain to the EU via Northern Ireland. I assure noble Lords that the requirements on moving animals to Northern Ireland would make such a slaughter trade uneconomical. Livestock transported for slaughter from Great Britain to Northern Ireland must go directly to the slaughterhouse. It would be an offence to take them anywhere else. When livestock are moved for other purposes, they must be moved directly to the holding of destination and remain there for at least 30 days. Failure to do so is an offence and may result in prosecution.

To address the point made by the noble Baroness, Lady Hoey, my colleagues in Defra have a close working relationship with their counterparts in DAERA. They meet regularly to discuss issues related to livestock movements, and share information and developments where appropriate. As part of this mutual exchange, volumes of livestock movements in and out of Northern Ireland are closely monitored using data from the Animal and Plant Health Agency and the TRAde Control and Expert System.

I turn now to the subject of imports. First, I assure noble Lords that there are no, and never have been, significant imports for slaughter or fattening. According to our records on imports to Great Britain from the Republic of Ireland, since the beginning of 2021, around 1,800 pigs and 500 cattle have been imported for fattening while around 900 cattle have been imported for slaughter. The total number of livestock imports into Great Britain for fattening and slaughter from other EU countries is smaller still. This very small number of animals imported into Great Britain does not in any way constitute a comparable trade to the previous live export trade and is in stark contrast to the 44,500 sheep that were exported for slaughter or fattening from Great Britain to the EU in 2020.

The noble Baroness, Lady McIntosh, asked about the impact assessment for the ban. Our impact assessment received clearance from the Regulatory Policy Committee and was published in July 2021. It estimated the direct cost to businesses to be around £5.2 million across the 10-year appraisal period, or around £500,000 a year. The Regulatory Policy Committee agreed that no further assessment by it was required. As there have been no recorded live exports for slaughter or fattening since the assessment was published, the impact will have further decreased.

The noble Baroness also asked about veterinary capacity for the European health certificate, in particular whether there are any issues relating to the certification process in Europe at the moment. My Defra colleagues are in close contact with their European counterparts. I would put the overall assessment on that as being negligible. There were one or two small incidents, particularly around 24-hour cover in some areas, but they seem to have been addressed and we are not receiving any further issues there.

A number of noble Baronesses asked about the reciprocal arrangements for border control posts in Europe. This is a commercial issue but we are sympathetic to the concerns of the businesses involved. As such, the department has been active in doing what it can to support a satisfactory outcome. Defra officials have continued to track progress on this issue and have met regularly with the NFU and others who represent the wider industry. It is disappointing that, despite all these efforts, the companies seeking to identify an appropriate solution have not been successful in securing a border control post to serve their preferred routes.

I assure noble Lords that welfare standards for livestock imported into Great Britain remain unaffected by this Bill. All of the very low numbers of livestock imports into Great Britain come from EU member states, primarily the Republic of Ireland. This means that the animals are reared in conditions that are comparable to the animal welfare standards that apply in Great Britain. We do not foresee any reason why this would change.

A number of noble Baronesses asked whether eggs are included in this. As eggs are not livestock, no, they are not. Furthermore, all imports of live animals must be transported in accordance with our animal welfare in transport regulations. Every consignment of livestock imported into Great Britain must be fit for transport and have a journey plan approved by the Animal and Plant Health Agency prior to arriving. Transporters must make all necessary arrangements in advance to minimise the duration of the journey and must comply with the rules on journey times and rest periods.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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I am sorry. It is terribly important that I listen very carefully to everything that the Minister has to say.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I am not quite sure where to begin—or, indeed, where to finish now.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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At least I did not mention the railways.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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I know that everybody is in a hurry to catch their trains. As I speak, I am trying to work up an interesting story on abattoirs at the same time. I am grateful to the noble Baroness, Lady Hayman, and others for their engagement on the Bill and their proposals as to how this legislation might be refined.

I will touch on the issue of horses and equines first because it is a good point that has been raised with me on a number of occasions. We are striking a fine balance here to make it possible for people to go abroad with their animals—in this case, their horses—for breeding purposes and to go to events, shows, et cetera. My personal observation is that it is blindingly obvious when you are taking a horse to a race or a show and when you have 15 scruffy-looking horses in a scruffy vehicle and you say, “Yeah, we’re just going to the gymkhana over in France. We might be back later”, but this is not always a clear-cut thing. I appreciate that there is the possibility that something nefarious could happen in this space but I believe that the controls we have in place will arrest 99.999% of that space, which is about as much as we might expect.

Let me crack on with some of my other answers. The impact that this Bill will have on the welfare standards of exported livestock is clear, I hope. The Bill will stop the export of cattle, sheep, goats, pigs and horses for slaughter and fattening. The impact on the welfare standards of these movements will be that these unnecessary journeys will stop entirely. Export journeys for slaughter or fattening are unnecessary because the animals could be slaughtered or fattened domestically. The animals that would have previously been exported for slaughter and fattening will now go on domestic journeys that are shorter in duration and less stressful than any equivalent export journey.

A number of questions were asked about internal journeys. The noble Baroness, Lady Hayman, asked about drivers. We have a driving course and a certificate of competence that are required here. All drivers in attendance are expected and supposed to undertake this training; that is checked. I hope that that helps but I take the wider point that was made on that.

I also take the wider point on abattoirs, which are an issue and link to many other issues in this space—in particular, the issue of vets. I am currently in extensive discussions on vets with the wider veterinary profession, with noble Lords and noble Baronesses who have an express interest in this matter and with the Chief Veterinary Officer. We have a little working group working on that at the moment to explore what we might do.

I was pleased to see earlier this week that two smaller abattoirs are opening and one, in Yorkshire, is reopening. There is a concerted effort here to make this a reality but I appreciate that it is a problem. I suspect, although I do not know, that the nature of the work is probably a large part of the problem here: if you have spent five years training to be a vet, standing in an abattoir and signing off certificates is probably not the most exciting thing that you thought you might be doing; I am guessing that, in the wider context, working in an abattoir is not an exhilarating experience. The point is well made and the matter is in hand.

Let me turn to some of the other issues that cropped up. Welfare issues for animals in transport came up, not just for exports but for domestic transport. This is principally governed by Council Regulation (EC) 1/2005

“on the protection of animals during transport and related operations”,

which is assimilated legislation. This is supplemented by domestic orders in England, Wales and Scotland. I have referred to a couple of issues on that.

Transporters have a legal duty to protect the welfare of the animals in their care. This means that contingency plans must be in place to ensure that animal welfare is not compromised—even in the event of the disruption of a journey, for example. These plans should include identifying control posts and emergency lairage facilities that can be used to provide animals with appropriate rest periods; using alternative routes; or postponing the journey until sea conditions or other conditions are suitable for it to take place.

Turning to the second part of this amendment, I assure noble Lords that we already keep welfare in transport policy more generally under review. This Bill is an example of that and follows the Farm Animal Welfare Committee’s 2018 report, commissioned by the UK Government and the Scottish and Welsh Governments, which examined animal welfare during the transport of livestock.

We discussed one of the Bill’s most crucial measures during this debate: the species within scope. I have set out why the current definition of “relevant livestock” is sufficiently comprehensive.

To conclude, I appreciate the noble Baroness’s wish to ensure that the Bill’s impact continues to be kept under review following Royal Assent. Given that the impact of the Bill on the welfare standards of livestock for export is clear and we already keep the wider policy areas under close review, it is not necessary to add these further requirements to the Bill. I therefore respectfully ask the noble Baroness to withdraw her amendment.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, may I say how much I enjoyed listening to the Minister’s response? I beg leave to withdraw my amendment.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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I thank the noble Baroness, Lady Hoey, for introducing her amendment. She made some important points on Northern Ireland and on the transport between Northern Ireland and the Republic and onwards. It is a really complicated area and we have to take the concerns around it very seriously. I will be interested to hear the Minister’s response but there are probably more discussions to be had around this issue.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
- Hansard - - - Excerpts

My Lords, I am grateful to the noble Baroness, Lady Hoey, and others for their engagement on this Bill.

Let me first address the issue of the stepping stone from Europe to Ireland. What I would prefer to do, if I may, is take that outside of this discussion and the Bill today because it is not entirely connected. Perhaps I could come back to the noble Baroness separately on that.

I am very aware of the strength of feeling here and of the wider political issues so I shall stick to my script on this and not ad lib it, otherwise I shall get myself into terrible trouble. The Bill will prohibit the export of livestock and equines for slaughter and fattening from Great Britain to destinations outside of the UK and Crown dependencies. As the noble Baroness knows, none of the provisions affect Northern Ireland so there is no need for the Bill to extend to it; that is why the extent provisions are drafted as they are.

I understand the noble Baroness’s desire, through this probing amendment, to debate the implications of the Bill’s extent in relation to Northern Ireland. The Bill does not apply in Northern Ireland because of the vital importance of livestock movements for slaughter and fattening to the Republic of Ireland. Farmers in Northern Ireland routinely move animals in this way. The noble Baroness recognises this fact and has queried why we are not proposing a ban on exports from Northern Ireland with a targeted exemption for movements ending in the Republic of Ireland. A range of international agreements—I am waiting for a list of them—and their core principles, including World Trade Organization rules, would prevent an exemption of this kind, as the noble Baroness said.

The noble Baroness asked whether exceptions to the WTO requirements, such as that for measures to protect public morals, could apply in this case. Crucially, those exceptions cannot apply in a manner that would constitute a means of arbitrary discrimination between countries where the same conditions prevail. Any measure based on the exception must be applied in a consistent fashion to comparable trading partners. It is therefore not possible to make an exception for the Republic of Ireland on animal welfare grounds without extending the exception to other comparable countries outside the United Kingdom.

I understand the noble Baroness’ wish to explore whether the Bill could be extended further so that it applies across the United Kingdom. However, any such proposal would be either damaging to the Northern Irish economy or incompatible with our international agreements. The provisions that this amendment seeks to remove are necessary to set out the territorial extent of the Bill. I therefore respectfully ask the noble Baroness to withdraw her amendment.

Baroness Hoey Portrait Baroness Hoey (Non-Afl)
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My Lords, I thank the Minister for that. I am fond of him, and I know that he is fairly new to his position, but I have to say that I am not sure that he believes what he has been reading out on certain aspects of this. It would be very helpful to have the list of international organisations put in the Library, or perhaps in a response to me.

I know that it is not specifically related to the Bill, but I am also not terribly happy about the bluetongue issue. There is a similar aspect there, with farmers in Northern Ireland in a way being discriminated against. I think that the Minister should be able to answer on that very soon. On the issue about bluetongue and transporting from the EU direct to Northern Ireland through Great Britain—to Scotland or anywhere and then to Northern Ireland—I think probably all noble Lords would like that not to be possible. That should go into the Library as well, so that noble Lords can see it.

I will simply say that I do not think that I have learned anything particularly new in the arguments that the Government have put for this, and they have been very weak on it. I do not criticise the Minister or even his department; other forces are at work. I beg leave to withdraw my amendment.

Animal Welfare (Livestock Exports) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Report stage
Wednesday 8th May 2024

(6 months, 2 weeks ago)

Lords Chamber
Animal Welfare (Livestock Exports) Act 2024 Read Hansard Text Watch Debate Amendment Paper: HL Bill 39-R-I Marshalled list for Report - (3 May 2024)

This text is a record of ministerial contributions to a debate held as part of the Animal Welfare (Livestock Exports) Act 2024 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
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My Lords, I am grateful to the noble Lord, Lord de Clifford, and to all other noble Lords who have spoken so eloquently and passionately on these efforts to ensure that this Bill brings to an end excessively long journeys for all species likely to be exported for slaughter and fattening. I reassure noble Lords that the Government are fully in agreement on that point. We wish to put a permanent end to this unnecessary trade for all animals, and I believe that the definition of “relevant livestock” in the Bill will achieve that aim.

I shall begin by summarising the process of evidence gathering and consultation that led to the drafting of the list of species included in the Bill. In 2018, the Government launched a call for evidence on live exports for slaughter and on animal welfare in transport, alongside a systematic review conducted by Scotland’s Rural College and the University of Edinburgh. The UK, Scottish and Welsh Governments then commissioned a report from the Farm Animal Welfare Committee, which drew on this evidence, as well as a range of expert opinion from stakeholder engagement. Building on these findings, in 2020 we consulted widely on the ban on live exports for livestock and horses and received over 11,000 responses. During the consultation, we received no evidence that a ban on any other species was necessary. We have also received no such evidence since.

In the 10 years prior to EU exit, the live export trade for slaughter and fattening mainly involved sheep and unweaned calves. There have also been exports of pigs and goats for fattening, although these have been at significantly lower levels. While there have been no recorded exports of horses for slaughter, there is anecdotal evidence to suggest that the trade does exist. The definition of “relevant livestock” therefore already covers the species required for the Bill to bring an end to the unnecessary live export trade for slaughter and fattening. We also discussed this amendment in the context of alpacas, llamas and deer. In the UK, there are extremely low numbers of these animals compared with the numbers of farmed animals already covered by the Bill. More importantly, we have no evidence of any of these species being exported for slaughter or fattening from Great Britain to the EU, or that there is any demand for a trade in live exports of these species from the EU or elsewhere.

I understand noble Lords’ desire to ensure that the ban will apply to all relevant animals, at present as well as in the future. When considering the data we have on the slaughter export trade, I continue to hold the view that the definition of “relevant livestock” in the Bill is comprehensive and the proposed power to extend it is not required. The Government wish to see the unnecessary slaughter and fattening trade brought to a conclusive end at the earliest opportunity. I am sure this desire is shared by those here today and all those who support the Bill outside Parliament. Today, we have the chance to act swiftly and decisively to bring the end of this trade one step closer, and I therefore respectfully ask the noble Lord to withdraw his amendment.

--- Later in debate ---
Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for introducing her Amendment 2. It seems to be a perfectly reasonable suggestion to review the impact on farming, for the reasons that she introduced and other noble Lords mentioned, particularly the noble Baroness, Lady McIntosh of Pickering. Our farmers have had a pretty tough time over the last few years. There have been a lot of changes, and this is another change—one that we strongly support. We need to ensure that our farmers are always steered and supported through any major change to the way their businesses have to operate.

An important point has been made about farmers’ concerns about being undercut by cheap imports, including the point made by the noble Baroness, Lady McIntosh, about poultry in particular. It is very expensive for our farmers to bring in the new systems on animal welfare that we expect them to. It is good that they do so and that we farm to particularly high animal welfare standards in this country, but we should not allow the sale of produce in this country that does not meet those same standards. When we do our trade deals, we need to be really careful about what we are opening a door to. We should always first support our own farmers and the standards that we need to meet in this country.

Some concerns were also raised about border controls and the cost to farmers and producers of the new controls that are coming in. I will not go into great detail about that, as other noble Lords have talked about it and we had a fairly extensive debate on it in this House— I cannot remember whether it was last week or the week before; time flies when you are having fun. Any impact of the border controls, combined with changes in how farmers are expected to manage, transport and export their produce, needs to be considered as a whole. That seems to be a very sensible approach.

The noble Baroness, Lady Bennett of Manor Castle, also made the important point that any review must take into account what the potential outcomes of that review could be. Clearly, the last thing any of us would want to see would be any review resulting in the starting up of live exports. I say that with the assumption that the Minister is not going to stand up and say that he will accept the noble Baroness’s amendment. However, it is generally the case that new legislation does get reviewed at some point—so, again, it is important that, once this is on the statute, it does not get unpicked at any stage.

Although we very much support the points that the noble Baroness, Lady Bakewell of Hardington Mandeville, is making here and the points made by other noble Lords during this debate, as previously, we would not want to slow the passage of the Bill in any way. So, while it is important that we have discussions and debates around this, we would not want to hold the Bill up at all.

I just want to make one very final point. I was absolutely delighted to hear the noble Baroness, Lady McIntosh, talk about ungulates. Many years ago, in a previous life, when I was a proofreader, I proofread a book called The Biology and Management of Mountain Ungulates—and I never thought I would get the opportunity to say that in this House.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
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My Lords, I am not even going to try.

I am grateful to the noble Baroness, Lady Bakewell, and to other noble Baronesses who have spoken and continue to speak towards the efforts to ensure that all impacts of the Bill on farming have been fully considered.

I will start by making three main points. First, I reassure the noble Baroness that we have already considered the impacts of this policy on British farmers and businesses and we expect the impact to be minimal, as outlined in our impact assessment, published in July 2021. The estimated direct cost to businesses of ending live exports for slaughter and fattening is around £5,200,000 across the 10-year appraisal period, or around £500,000 per year. It is also highly likely that the impact will have further decreased since then, as there have been no recorded live exports for slaughter or fattening from Great Britain to continental Europe since this assessment was published.

Secondly, when we consulted, responses indicated that some businesses which can no longer export live animals for slaughter will instead sell their live animals domestically and export the carcass or final meat products instead. We do not anticipate any issue with domestic slaughterhouse capacity being able to absorb any animals that might otherwise have been exported. In 2020, we exported from Great Britain around 6,300 sheep to the EU for slaughter and about 38,000 for fattening. These slaughter exports accounted for around 0.02% of all livestock slaughtered in the UK in 2020 and so represented a very small proportion of the total number of animals processed in the UK every year. I hope this reassures the noble Baroness.

Thirdly, in 2020 we exported approximately 480,000 tonnes of beef, veal, lamb, mutton, pork, bacon and ham from the UK, worth an estimated £1.4 billion in real terms. Clearly, this trade is much more significant to the farming industry in Great Britain than the live export trade.

I also reassure noble Lords that there are not, and never have been, significant imports for slaughter or fattening into Great Britain, and there is no established import trade for this purpose that in any way constitutes a comparable trade to the previous live export trade. According to Animal and Plant Health Agency data on imports to Great Britain from the Republic of Ireland, since the beginning of 2021 around 1,800 pigs and 500 cattle have been imported for fattening and around 900 cattle imported for slaughter. The total number of livestock imports into Great Britain for fattening and slaughter from other EU countries is smaller still, in the tens of animals or less over the same period. In stark contrast, 44,500 sheep were exported for slaughter or fattening from Great Britain to the EU in 2020.

Further to this, the very low numbers of livestock imported into Great Britain all come from EU member states, primarily the Republic of Ireland. This means that animals are reared in conditions that are comparable to the animal welfare standards that apply in Great Britain, and we do not foresee any reason why this would change.

The noble Baroness, Lady McIntosh, raised a number of issues—I will cover one or two of those. The first is the issue of Northern Ireland being used as a loophole by transporters. The requirements when transporting livestock to Northern Ireland would make any attempt to export livestock in this way uneconomic. Livestock transported for slaughter from Great Britain to Northern Ireland must go directly to the slaughterhouse: it is an offence to move the animals anywhere else. On arrival at the slaughterhouse, the animals and accompanying health certificates must be presented to an officer of the Department of Agriculture, Environment and Rural Affairs. Livestock exported for any other purpose must remain at the place of destination for a minimum of 30 days and be retagged to comply with animal identification requirements. The Bill will make it an offence for anyone to send, or attempt to send, livestock from Great Britain to anywhere outside the UK and Crown dependencies.

The noble Baroness also raised the issue of border control posts, particularly those going into Europe. The Government would like to see exports for breeding resume, but this is a commercial issue. We remain sympathetic to the concerns of the businesses involved and the department has been active in doing what it can to support a satisfactory outcome. Defra officials continue to track progress on this issue and meet regularly with the National Farmers’ Union, which represents the wider industry. It is disappointing that, despite all efforts, the companies that are seeking to identify an appropriate solution have not been successful in securing a border control post to serve their preferred routes. I did pick up on the noble Baroness’s point about Harwich to the Hook of Holland, and perhaps we can take that as a separate issue outside today’s business.

The noble Baroness, Lady Hayman, raised the issue of trade deals and welfare standards around that. On low-welfare imports, the UK Government were elected on a manifesto commitment that, in all our trade negotiations, we will not compromise on our high animal welfare and food standards. We will stand firm in trade negotiations to make sure that any new trade deals live up to the values of farmers and consumers across the United Kingdom and will maintain our high standards as part of any future free trade agreements.

Products imported into the UK must continue to comply with our existing import requirements. It has always been the case that products produced to different environmental and animal welfare standards can be placed on the UK market if they comply with these requirements, and this includes products from the EU and other long-standing trading partners. A range of government departments, agencies and bodies continue to ensure that these standards are being met, including the Food Standards Agency, Food Standards Scotland, the Animal and Plant Health Agency, the Veterinary Medicines Directorate and the Health and Safety Executive.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
- Hansard - - - Excerpts

I do not disagree at all with what my noble friend is saying, but the Government must see that we are harming our own producers in the same way that we did when we had the unilateral ban on sow stalls and tethers. Consumers need a label to let them know in this regard.

Lord Douglas-Miller Portrait Lord Douglas-Miller (Con)
- Hansard - - - Excerpts

I thank my noble friend for her point, and perhaps I can clear that up with her later on.

In conclusion, this Bill will put a permanent end to a trade which, at its height in the 1990s, affected over 2 million animals a year; more recently it has impacted much smaller numbers. I can safely say there will be a minimal impact on farming in Great Britain and I think we all agree it is better that we encourage exports on the hook, rather than on the hoof.

It is an important point, and one of which we should be proud, that this Bill will reinforce our farming industry’s position as a world leader on animal welfare, boosting the value of British meat and helping to grow the economy. Given that the impact of the Bill on farming in Great Britain is outlined clearly in our impact assessment, I continue respectfully to hold the view that it is not necessary to add this further requirement to it. I therefore ask the noble Baroness to withdraw her amendment.

Animal Welfare (Livestock Exports) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading
Tuesday 14th May 2024

(6 months, 1 week ago)

Lords Chamber
Animal Welfare (Livestock Exports) Act 2024 Read Hansard Text Watch Debate Amendment Paper: HL Bill 39-R-I Marshalled list for Report - (3 May 2024)

This text is a record of ministerial contributions to a debate held as part of the Animal Welfare (Livestock Exports) Act 2024 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Douglas-Miller Portrait Lord Douglas-Miller
- View Speech - Hansard - - - Excerpts

That the Bill do now pass.

--- Later in debate ---
Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, as it is Third Reading and this is supposed to be formal, I shall be very brief and just say how delighted I am to see how swiftly the Bill has made its passage through both Houses. It is an important Bill that many of us have campaigned to see for many years, and I very much welcome it and thank all those who have been involved.

Lord Douglas-Miller Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)
- View Speech - Hansard - - - Excerpts

To be honest, that was a slightly longer list of questions than I was expecting at this stage.

First, I thank all those who have been so kind to support the Bill. I am acutely aware that an awful lot of individuals, Members of this House and the other place, members of the public and other organisations, have been campaigning for this Bill for a very long time, and I am delighted that we have got it to this stage. I am also acutely aware that there are some challenges in certain places where I have been unable to satisfy the noble Baroness, Lady Hoey, and the noble Lord, Lord Empey, on the specific details. However, I think that they are acutely aware that it is probably beyond my remit to address those issues. I have tried extremely hard through both individual engagement and the debates that we have had up to this stage to put the Bill in the position that I think we all want it to conclude on, which is one where it will pass.

Therefore, I feel sad that I cannot satisfy everybody in this space, but I genuinely believe that we can collectively be proud of this Bill, and it does exactly the right thing at this moment in time.

Bill passed.