Animal Welfare (Livestock Exports) Enforcement Regulations 2024.

Tuesday 5th November 2024 Grand Committee

Considered in Grand Committee

17:05

Moved by

[Baroness Hayman of Ullock]

That the Grand Committee do consider the Animal Welfare (Livestock Exports) Enforcement Regulations 2024.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, these regulations make provision for enforcing the live exports ban in the Animal Welfare (Livestock Exports) Act 2024. They create a robust and effective enforcement regime that builds on the existing requirements for animal welfare in transport and, importantly, ensures that the burden on industry is minimised.

Although animal welfare is a devolved matter, a joint approach to implementation and enforcement has been agreed with the devolved Governments in Scotland and Wales, as many export journeys begin in one jurisdiction and depart from ports located in another. This instrument therefore applies across England, Scotland and Wales to ensure a uniform, consistent enforcement of the prohibition across Great Britain.

This instrument provides powers to the Animal and Plant Health Agency, as the national regulator for animal welfare during transport, and to local authorities, which are responsible for enforcing it. First, to minimise circumvention of the ban and the need for enforcement action, this instrument provides for strengthened pre-export controls for livestock to be carried out by the Animal and Plant Health Agency. The current controls already require organisers of live animal transport to submit a plan of the journey, including departure and destination as well as rest stops. This plan, known as a journey log, must be submitted to APHA for approval for any long journey to a third country.

The new provisions in this instrument will require organisers of such journeys also to provide evidence of the purpose of their export. APHA will need to satisfy itself that the consignment will not be exported for slaughter or fattening before it approves the journey log, and it can refuse to approve the journey log on that basis. To facilitate this process, we have worked with the national beef, sheep and pig associations and the British Pig Association to establish a system whereby they will be able to assess and verify evidence provided by journey organisers. This system should provide journey organisers with a simple way of providing APHA with the required evidence.

The national associations have provided a similar service to industry for many years to facilitate shipments with P&O Ferries, which has a no-slaughter shipment policy. The industry is, therefore, familiar with the process of working with the national associations; we believe that this will encourage engagement and compliance with the new requirement.

It is important to be clear that the pre-export controls set out in these draft regulations do not apply to horses. We are taking a co-design approach to identifying solutions to prevent horses being exported for slaughter. We are working together with stakeholders, who know their industry best, to find the most effective solution. We expect to present specific measures for horses in a separate instrument for consideration in due course.

Secondly, these regulations provide a range of powers to APHA and local authorities; they are to be used in relation to both livestock and horses should investigative or enforcement action prove necessary. These include the power to serve a hold notice to prevent the movement of animals if an inspector suspects that they may be exported for slaughter or fattening. They also include a power of entry and inspection to premises, including vehicles, vessels and dwellings, where inspectors believe an offence is being, has been or is about to be committed, or where there is believed to be evidence of an offence on the premises. This includes a power of entry to private dwellings, subject to obtaining a warrant.

Exporters of livestock and horses will be required to retain records relating to the export of those animals for three years, which must be provided to an inspector on request. It will be an offence to fail to keep these records, to fail to comply with a hold notice or to obstruct an inspector. The penalty for these offences would be an unlimited fine in England and Wales or, in Scotland, a fine limited to level 5 on the standard scale.

These regulations provide the Animal and Plant Health Agency with the power to suspend or revoke a transporter authorisation if there is evidence of non-compliance with the live exports ban. Such decisions may be appealed, first through reconsideration by the Animal and Plant Health Agency then, if unsuccessful, in the relevant First-tier Tribunal.

We are taking a risk-based approach to regulating trade to ensure that the burden on industry is minimised while preventing circumvention of the ban and so minimising offending levels. This instrument is essential to ensure that we can effectively enforce this important animal welfare measure.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the regulations before us. I welcome the Minister to her position and thank her for setting them out.

We will not rehearse all the arguments we had in the debate on the Bill, but I welcome the fact that horses are not covered. I am sure that pony clubs across England, Wales, Scotland and Northern Ireland will be extremely happy to hear that. When does the Minister think she will be in a position to come back to the Committee to explain the position on horses and how it relates to the tripartite agreement?

I have a number of questions that reflect my concerns. I welcome the noble Baroness, Lady Rawlings, to her place; I think she is going to speak in a later debate. She will recall all the excitement around Brightlingsea, which was in my Euro constituency at the time, when one of the first incidents of live animals for export came to my attention. Of course, the cases have been small in number and heavily regulated by the EU and our own domestic regulations.

Paragraph 6.1 of the Explanatory Memorandum states that the regulations, certainly in England,

“will usually be enforced by the local authority”.

Has the Minister’s department done an impact assessment on the cost implications for local authorities and their resources, bearing in mind that we are well aware of the pressures on local authority budgets and resources at this time?

I regret that this is a unilateral measure and is not being imposed by our former partners in our erstwhile membership of the European Union. There is meant to be a legitimate trade in breeding stock and stock for racing. Obviously, it is excluded at the moment because of the prevalence of bluetongue disease. The last time we debated this, which was round about the time before the Bill gained Royal Assent, my understanding was that there were as yet no facilities to allow this practice to happen. This is a legitimate and very lucrative trade, and it is a source of great concern in the farming community that it will still not be permitted once we get over—in due course, I hope—the threat of bluetongue disease.

I perfectly accept that the Minister might not be able to respond today, but could she give us a written reply on where we are with the facilities? They have to be paid for. I understand that they could potentially be at Harwich, in my former Euro-constituency; they could be elsewhere, for example at Dover, but at the moment this is a very serious gap in a legitimate trade. Although it is not necessarily covered by the remit of these regulations, it is a great loss of earnings to those who ply that trade.

17:15

The Minister referred to record-keeping. I see at paragraph 6.10 of the Explanatory Memorandum that the requirement is to keep records for three years. That seems a long time, and with a lot of animal movements it could mean a lot of records. How did the Government reach that timeframe?

Could the Minister also outline the sharing of responsibility and who the responsible person will be, particularly when it comes to hold notices under paragraph 6.3 of the Explanatory Memorandum? I imagine that in most circumstances the responsible person is the farmer sending the animals for slaughter, but once those animals are on the lorry or the ship they are the responsibility of the haulier. If a hold notice was issued it would pose all sorts of practical questions as to how they will be returned to be held. Who will be responsible for ensuring that they are returned to safekeeping? How is that responsibility to be shared? At the moment, the way the regulations read is that there is no distinction between the owner, the keeper and the haulier. The haulier may not have knowledge of the intended purposes. That relates in particular to the holding notice.

The Minister talked about the trade—again, a legitimate trade—that is allowed to continue with the movement of animals from anywhere within Great Britain to Northern Ireland. I think we debated this and accepted that those journeys can, in fact, be longer than some of the shorter ones that took place historically between Essex, Kent and other parts and the nearest continental ports of the European Union. Does she accept that there are substantial disadvantages for farmers living in the southern parts of Great Britain, who will be deeply affected by the regulations and the enforcement because it is probably too long a journey to take animals to Northern Ireland?

Is the Minister concerned by a lack of abattoirs? Can she reassure the Committee that there is sufficient abattoir space for the numbers of animals that may be required to be slaughtered, either in Great Britain or Northern Ireland?

Finally, it is extremely important that sufficient, timely advice and guidance are given to the enforcing authorities, in particular on the plans for the animals retained under the hold notice but also on other parts of the regulations. Who does she expect to give that advice and at what stage of the process will it be given? Obviously, this is a new set of circumstances in which hauliers and farmers will find themselves. Those are my concerns, but I welcome the enforcement regulations following the Bill.

[Lord Trees (CB)]

My Lords, I welcome these regulations, which enforce and extend measures in the Animal Welfare (Livestock Exports) Act, which was passed earlier this year, to prohibit the export of certain animals for fattening or slaughter from or through Great Britain to countries outside the British Isles. These geographical restrictions are very precise and important; we will come to that in a minute.

I note that the Act has no restriction on export for breeding purposes and did not include poultry. Both of those exemptions are fully justified and remain, although, as the noble Baroness, Lady McIntosh, alluded to, there are problems with exporting live breeding mammals. I also note, as she has done, that the original Act included equids but the regulations under discussion do not. I repeat the question: when might consideration be given to having equivalent regulations for equids? Although I do not think that a functioning ferry for horses is working at the minute, the export of live horses for slaughter is something that potentially concerns a lot of veterinary and animal welfare bodies.

I further note that, because of the present occurrence of bluetongue in England, the movement of all live ruminants to Northern Ireland from England is currently suspended. We hope that that will not be indefinite, of course.

The original Act allowed movement for slaughter and fattening to Northern Ireland as part of the UK. Since there is, under EU jurisdiction, free movement of animals from Northern Ireland to the Irish Republic and to the EU beyond that, this is a potential loophole that could be exploited; like others, I drew noble Lords’ attention to it in the debate on the original Bill in February. This movement to Northern Ireland was and is subject to certain conditions, including direct movement to either an abattoir or a farm, at which there should be a standstill on movement for at least 30 days. However, unscrupulous persons could move animals after standstill, or even before that, to the Irish Republic then onwards to anywhere in the EU, perhaps even to north Africa.

Given the scale of movements between Northern Ireland and the Irish Republic—the figures I have suggest that, in 2022, 337,000 sheep were moved between Northern Ireland and the Irish Republic for fattening and slaughter—it is clearly possible that a substantial number of animals might be legally moved, ultimately for slaughter, into the EU or beyond by unscrupulous persons. So, again, I ask: to what extent will we be able to monitor those movements to try to detect whether there are illegal movements within that traffic?

I welcome the fact that the current regulations appear to try to close this loophole by requiring the exporter in Great Britain to submit evidence of the purpose of export to the APHA before the journey log can be approved. The APHA must be satisfied that the animals will not be exported for fattening and slaughter before movement is approved, and it will have the power to require supplementary evidence demonstrating that. This is a very welcome measure; I congratulate the Government on introducing it.

Lastly, do His Majesty’s Government have any plans to review movement regulations in the UK, now that we are no longer bound by EU rules? We all acknowledge that animal welfare can be compromised by long-distance live transport. As well as the total distance travelled, the frequency of loading and unloading is a hazardous procedure that can give rise to injury and welfare problems. The movement of sheep within the UK can involve very long journeys, for example from Caithness to Cornwall, and the normal rearing process for sheep involves frequent long-distance movements between owners. Are His Majesty’s Government satisfied that the current rules and regulations with regard to journey times and transport conditions within the UK are appropriate? Having said all that, I very much welcome these regulations on livestock export.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, I thank noble Lords for giving me the opportunity to speak here. I welcome the Minister to her place. I declare an interest as a farmer in Northern Ireland; we heard some mention of Northern Ireland. I suppose I have a few queries around these regulations.

One of my concerns is how it will be managed, with animal welfare being a devolved issue in both Scotland and Wales. Will that cause any complications with these regulations, because quite often we find that devolved institutions are very precious and protective of their own rights? I am just concerned that it will fall between two stools.

The noble Baroness, Lady McIntosh, has already asked whether the farmer or haulier will be responsible when there is a check and an inspector looks at the issues.

I am also curious about journey log records. The regulations mention applicable guidance that will focus on changes to the application process for journey logs, especially the need to provide corroborating evidence on the purpose of the export. I am wondering what level of evidence will be required to corroborate that with the journey log, because quite often that can be manipulated. We have heard some instances of concern around export to Northern Ireland and how that may provide extended journeys that are not covered within the legislation.

The next point I am curious about is animals that are being transported from Northern Ireland to Great Britain; will they be required to have exactly the same journey logs? Will the same record-keeping system be required for them and will the corroborating evidence be the same as that required in other parts of Great Britain?

Those are just a few of the queries that I have on these regulations; I know that the debate on the main legislation has already taken place. I just have some concerns that we may find that some issues drop through loopholes and may not be fully accountable to the authorities that look over the regulations.

[Lord de Clifford (CB)]

My Lords, I also welcome this statutory instrument and the detail of it. A lot of my points have already been expressed by the noble Baroness, Lady McIntosh, and the noble Lord, Lord Trees. It is certainly very important from a farming point of view—I represent vets who work with farmers—and on the ability to export breeding stock in the long run, and with all respect to the bluetongue outbreak.

I also note that the equestrian side of it needs to be addressed in due course. We welcome that, so I will not go into any more detail on that.

Live exports to Northern Ireland were just addressed by the noble Lord. The time limit for exports of sheep et cetera from Scotland to Northern Ireland has been extended, because there is no direct ferry route from Scotland to Northern Ireland due to the ferry regulations. Is Defra going to monitor the number of live exports from England to Northern Ireland, and likewise from Northern Ireland back to England? That is important to ensure the numbers are tracked correctly.

Furthermore, when animals arrive in Northern Ireland, who is going to monitor what is in place, as requested by the RSPCA? Is Defra going to monitor that, as well as the Department of Agriculture, Environment and Rural Affairs in Northern Ireland?

I will further emphasise the final point of the noble Lord, Lord Trees: we would welcome, for improved animal welfare, a review of the current journey times within Great Britain.

[Baroness Rawlings (Con)]

My Lords, following the very good speech of my noble friend Lady McIntosh, I will say that animal welfare was the most debated subject when we were both in the European Parliament together. I wonder whether we are still abiding by all EU rules now.

17:30

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for her introduction. It is a pleasure to support this SI. Since the noble Baroness, Lady Fookes, introduced this into the Chamber by way of a Private Member’s Bill, we have all been anticipating that it would be implemented as soon as possible. The instrument itself and the Explanatory Memorandum are clear as to what is to happen and who will perform the duties of enforcement. Much of it will fall on local authorities which, as we all know, are struggling to make their budgets balance. Can the Minister say whether local authorities will be recompensed for this additional work? The noble Baroness, Lady McIntosh of Pickering, also raised this.

No one has any doubt that animals should not be transported live to Europe or other countries specifically for the purpose of slaughter. It is unnecessary to have transported animals suffering cramped conditions, often with no access to water and food, and for disproportionately long periods. Animals which are going to slaughter should be dispatched as near to their living quarters as possible. The distress that transportation causes should be kept to a minimum and access to abattoirs should be within close proximity. Other noble Lords have referred to this.

I have received a brief from the RSPCA, which has asked two questions. First, how does the instrument ensure that transporting live animals for slaughter or further fattening, including horses, is not authorised to Northern Ireland from England, if they would then be re-exported to the Republic of Ireland? The noble Lords, Lord Trees, Lord Elliott and Lord de Clifford, also referred to this matter. Secondly, the RSPCA asks: when will the Government come forward with proposals on improving the rules on the internal transportation of live animals in England, now that it is no longer limited by the transport times in Regulation 1/2005? I would be grateful if the Minister could provide answers to these two questions.

I also have a question of my own relating to the date of implementation for this SI. In the EM, at paragraph 5.2, we learn that Royal Assent was granted for the Act on 20 May of this year. Then in paragraph 5.3 we learn that the prohibition on transportation of live animals from and through the UK

“came into force on 22 July 2024”.

Again, that is this year. However, in the SI itself, Regulation 1(b) states—I am sorry that this is very nerdy —that the regulations

“come into force on 1st January 2025”.

I would be grateful if the Minister could clarify whether the ban is already in place, as from 22 July, or whether animals will have to wait until 1 January 2025 to be totally protected. I realise that no animals have been exported for slaughter since 2020, but it is important that the dates on the legislation are accurate.

I look forward to the SI which will come forward to cover horses, as referred to by the noble Baroness, Lady McIntosh of Pickering. Apart from these queries, I totally support this vital SI and the sooner that it is enacted, the better.

[The Earl of Effingham (Con)]

My Lords, His Majesty’s Official Opposition welcome the Government’s Animal Welfare (Livestock Exports) Enforcement Regulations 2024. In government we took the issue of animal welfare very seriously, as evidenced by the passing of the Act to which this statutory instrument refers. The Animal Welfare (Livestock Exports) Act 2024 prevented the exportation of livestock for the sole purpose of slaughter or preparation for slaughter and received cross-party support.

We are pleased that the current Government continue to focus on this area by implementing the practical steps to ensure that the correct people are held responsible. Increasing the necessary requirements of evidence submission will allow inspectors to examine more closely the intentions of a transporter and ensure that there is sufficient evidence to indicate that an animal is not being taken to slaughter.

I thank the Minister for bringing this statutory instrument forward. We are satisfied that this is a sensible approach and have no issues to raise.

[Baroness Hayman of Ullock (Lab)]

I thank all noble Lords who have contributed to today’s debate. It has been a good debate and I am pleased that so many noble Lords have taken part in it, because this is an important piece of legislation and we were very pleased when in opposition to support the Bill through Parliament to becoming an Act.

As I said, the instrument contains a proportionate set of powers necessary for the Animal and Plant Health Agency and local authorities to enforce the live exports ban effectively. Without these powers to carry out checks and investigations and take enforcement action, there is a risk that the ban could be undermined.

I will check to make sure that I have answered the questions that were asked properly. If I have not, I will get back to noble Lords. There were some questions around equines—horses—from the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Trees. The noble Lord, Lord de Clifford, also mentioned horses. One question was around the delay in bringing in pre-export controls for equines. I am sure that noble Lords are aware that equines are currently exported for multiple purposes ranging from bloodstock moves to leisure activities. They can be privately or commercially transported and fall under numerous industry bodies or none at all. Registered equines are not subject to journey log controls, so at present there is no control point at which intervention by the regulator can occur to stop an export movement that might contravene the ban.

17:36

Sitting suspended for a Division in the House.

17:47

[Baroness Hayman of Ullock (Lab)]

My Lords, I was addressing some of the questions around equines. Due to the more complex nature of export movements of equines, we are taking a codesign approach to this issue, working together with stakeholders that know the industry best to find the most effective solution.

Questions were asked about the risks in delaying the controls. It is important that we take the necessary time to get this right. We want to ensure that equines will not be exported for slaughter but, at the same time, that the export of equines for legitimate purposes must not be impeded. We are working closely with industry to find that balance.

I was asked about the journey logs for registered horses. Again, we are working together with stakeholders to find the best approach to implementing the ban before we lay the draft enforcement regulations before Parliament, because we want to achieve a balance between ensuring that the ban is implemented effectively while minimising any burden on legitimate risks.

The noble Baroness, Lady McIntosh of Pickering, asked about the Government’s view on the live animal BCP issue. Clearly this is a commercial issue but we are sympathetic to the concerns of the businesses involved. Noble Lords may be interested to know that I have had a series of round tables with different groups of stakeholders to discuss the effectiveness of BCPs, how they work now and how to approach their future operability. We have a lot of feedback and information from stakeholders on this issue as part of tracking its progress, and are meeting with organisations such as the National Farmers’ Union that have a specific interest in live exports.

On enforcement, the noble Baroness, Lady McIntosh, asked about local authorities. Due to the robust pre-export controls and regulatory tools that will be in place, we anticipate very low offending rates. We have been working closely with local authorities to develop the right approach, and they agreed that enforcement action in relation to a live exports ban would have minimal impact on their finances.

The noble Baroness, Lady McIntosh, also asked about the capacity of abattoirs. As she rightly said, there have been no livestock exports for slaughter or fattening from Great Britain to the EU since the beginning of 2021. Prior to this, the number of animals exported for slaughter represented a very small proportion of the total number of animals processed in the UK every year. For example, in 2020, when we had issues with Covid and it stopped, slaughter exports from Great Britain to the EU accounted for less than 0.2% of sheep produced in the UK and around 0.02% of all livestock slaughtered in the UK. Slaughterhouse capacity has been able to absorb the additional supply of animals that may have previously been exported for slaughter, so we do not believe that any further steps are needed to ensure capacity.

The noble Baroness, Lady McIntosh, also asked about advice. Obviously, it is important that livestock exporters are made aware of any new requirements, and the Animal and Plant Health Agency will contact all authorised transporters to inform them of the new requirements before they are due to come into force. We are also engaging with the relevant stakeholder organisations.

I was asked—again, it might well have been by the noble Baroness, Lady McIntosh, who asked quite a few questions—about who is responsible for the hold notice. The transporter, or person responsible, has to comply. If they fail to do so, APHA can arrange for livestock to be returned to the place of departure or placed in suitable accommodation.

The noble Lord, Lord Trees, asked whether we would consider extending a live export ban to the whole of the UK, and other noble Lords asked about Northern Ireland. The live export ban does not apply to Northern Ireland. This is to ensure that farmers in Northern Ireland have unfettered access to both the UK and Republic of Ireland markets. Farmers in Northern Ireland routinely move animals to the Republic of Ireland for slaughter and fattening. I reassure noble Lords that I meet regularly with DAERA, and I have met the Ulster Farmers’ Union a couple of times, so we are very aware of the different pressures on transporting livestock in Northern Ireland and into the Republic.

The noble Lord, Lord Trees, and the noble Baroness, Lady Bakewell, asked about the importance of improving transportation of animals within the country—not going beyond. We need to monitor that very carefully, because animal welfare during any transport is obviously incredibly important. As a Government, we have said that we are committed to improving animal welfare. That is one reason why we are bringing in these regulations very early; we think it is important. At the moment, I am reviewing the animal welfare strategy more broadly and I hope to capture issues such as this within that broader strategy review.

The noble Baroness, Lady McIntosh, asked why records have to be kept for three years. The reason is that this is consistent with existing laws: at the moment, journey logs are required to be retained for three years.

The noble Lord, Lord Elliott, asked about the detail of assessment criteria. The assessment criteria have been developed and agreed with Defra, using the national associations’ knowledge of legitimate priming and breeding exports. This includes checking the pedigree status of animals as well as certain health requirements, such as sheep coming from an accredited scrapie-free flock. We do not intend to publish the assessment criteria, but guidance will be provided to journey organisers and transporters.

The noble Baroness, Lady Bakewell, asked for clarification about whether the ban is in force and how it works with this SI. The ban is already in force. The SI is just to enable the enforcement of the ban that came in previously, as she pointed out.

The noble Baroness, Lady Rawlings, asked about EU rules applying in GB. They do not apply. We have assimilated regulations and continue to protect animals in transport.

Finally, I thank the noble Earl, Lord Effingham, for his very kind words of support. It is important to recognise that the previous Government brought this legislation in. We strongly supported it and it is good to be working cross-party to ensure that it is now enforced effectively. We are committed to upholding the highest standards when it comes to animal welfare, and I am very pleased that we can now put forward these provisions to ensure that the ban on live exports for slaughter is implemented and enforced effectively.

Motion agreed.