Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022

Debate between Baroness Bakewell of Hardington Mandeville and Lord Trees

Tuesday 17th May 2022 Grand Committee

[Lord Trees (CB)]

I very much thank the Minister for his explanation of this SI and thank his team for the helpful Explanatory Memorandum, which, I must admit, I particularly appreciated—I have to say that the instrument itself is hardly riveting bedside reading. I also noted the report of the Secondary Legislation Scrutiny Committee.

I need hardly tell this audience that the risks to the biosecurity of the UK animal population are ever present; we are in the midst of a huge avian influenza epidemic at the moment. That infection is particularly difficult to control because migrating birds and in particular wildfowl bring it to the UK. However, pigs do not fly, and what would be more serious would be an incursion of, for example, African swine fever. In recent years that has devastated the pig population of China, has been spreading westwards in continental Europe slowly but irrevocably and has in fact reached Belgium. Apart from causing serious disease in domestic pigs, it infects wild boar; when there is a wild animal host, it makes the eradication of such an infection doubly difficult. Worse still, of course, is foot and mouth disease, which we suffered from greatly in 2001, and I regret to say that our ability to deal with such major livestock outbreaks since 2001 has been seriously eroded by the shortage of veterinarians we now have, particularly those with livestock experience. For these reasons, it is extremely important that we maintain high levels of biosecurity, and regulation and inspection of imported animals and animal products is a key and important tool to maintain that biosecurity.

I therefore strongly support the principal objectives of this SI, which will enable, following expert advice from the animal disease policy group, a rapid administrative response to threats to animal and indeed public health by restricting imports from third countries instead of what could have been a dangerously delayed legislative process. It is relevant to note, as the Minister emphasised, that these changes simply bring into effect a process for third-country importations which will align with the current processes for imports from EU and EFTA countries.

However, as context to this particular instrument, it is a matter of great concern that, for the fourth time, recently the Government have delayed the implementation, for example, of checks on food imports from the EU to Great Britain. The failure to introduce such checks, apart from disadvantaging commercially our own farmers, may provide a short-term financial gain but risks a long-term extremely serious financial pain—remember that the 2001 foot and mouth outbreak cost the UK an estimated £8 billion in 2001.

With regard to this particular SI, my one concern, on which I seek reassurance from the Minister, is that I note that, as well as providing the administrative power to enhance our biosecurity in the face of assessed threats, it also provides for the reverse: the converse administrative mechanism to reduce inspection controls or remove or lift restrictions without parliamentary scrutiny. Will the Minister assure us that this instrument will not be a vehicle to enable the calls by some members of Her Majesty’s Government to unduly delay, reduce or in some way compromise important checks in future and potentially risk our animal health biosecurity?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction. The Secondary Legislation Scrutiny Committee debated this SI and asked several questions of Defra, which were raised by Friends of the Earth. I understand that, as a result of the avian flu outbreaks in 2020 and 2021 in Ukraine, a ban on the imports of birds covered the whole of that country, whereas the outbreaks were, in reality, confined to certain areas. Therefore, it seems sensible to restrict the import of affected animals and animal products to those specific areas, rather than the whole country. However, this could have consequences.

The noble Lord, Lord Trees, has eloquently referred to numerous animal diseases that could affect our domestic flocks and herds. Surveillance and vaccination are essential to provide protection. Might it be possible for an area of a third country to have an outbreak but not declare it in order to be able to continue to trade? Can the Minister say whether that might be likely to happen?

The Secondary Legislation Scrutiny Committee was assured by Defra that the power in the SI would be used very rarely and only in extreme and emergency cases. However, there is already legislation in place to enable emergency action to be taken where needed. Therefore, is it necessary to introduce new, stringent legislation, which is not scrutinised by Parliament? Parliament is being cut out of the process, and the decision rests solely with the Secretary of State, after consideration with the devolved Administrations.

The Explanatory Memorandum states, at paragraph 11, that guidance for trading partners and border control posts will be issued

“prior to the instrument coming into force.”

If I understand the process correctly, we debate this SI today, and probably tomorrow or Thursday the SI will be approved in the Chamber and will come into force immediately. This SI could have a devastating effect on our farmers and markets if disease outbreaks are not dealt with effectively and efficiently. Can the Minister say where the all-important guidance is currently in the legislative sausage machine, and when it will be published? Time is of the essence.

Paragraph 6.3 of the Explanatory Memorandum refers to allowing restrictions to be imposed immediately when a disease outbreak is notified, and states that restrictions can be removed quickly where risks are diminished. Can the Secretary of State be sure that the risk is diminished? Instead of rushing to release an area from risk, would not it be better to wait and be sure that it is completely disease free?

The new powers are primarily to be used for imposing import restrictions, lifting import restrictions and imposing and amending additional conditions that need to be met for trade to continue. All this rests with the Secretary of State at his or her discretion, with no reference to parliamentary scrutiny.

The animal disease policy group will recommend whether new countries can be added to the third-country list and make recommendations to the Secretary of State. Can the Minister reassure us that the processes and safeguards carried out by the animal disease policy group are sufficient to ensure the UK’s biodiversity? Will the Secretary of State use the same criteria in each case? I would like clarity on just what discretion the Secretary of State has. Is it likely that a country the Government are keen to admit to the list of third countries and begin trading with might not get the same rigorous assessment as others? Are some likely to get special treatment?

It is extremely worrying that Parliament is being bypassed on an issue which would be of considerable concern to the public if they were aware of it. I look forward to the Minister’s reassurance on this subject that all angles have been covered.

Microchipping of Dogs (England) (Amendment) Regulations 2022

Debate between Baroness Bakewell of Hardington Mandeville and Lord Trees

Tuesday 25th January 2022 Grand Committee

[Lord Trees (CB)]

My Lords, I thank the Minister for his excellent introduction and his articulation of the very positive effects of compulsory dog microchipping, which I congratulate the Government for introducing in 2015. Those regulations are very well supported by the animal welfare charities, the veterinary profession and me, but as the Minister has said, there are issues and shortcomings regarding the current regulations. It is good news that the Government are considering revising those regulations and that this extension is simply a stopgap, which I support. I want to consider some of the issues, problems and deficits in the current regulations, to which the Minister and the noble Baroness, Lady McIntosh, have responded, but I welcome the Minister’s assurance that new regulations will be brought before the House this year.

I want to discuss three current issues that have been referred to already. First, on the issue of compliance and enforcement, 74% of stray dogs handled by local authorities in Great Britain cannot be easily and simply reunited with their keeper because either there is not a microchip or the data recorded in the database is incorrect, yet failure to microchip or to keep that information correct is an offence under the current regulations. In fact, we have no idea of the proportion of dogs that are microchipped and for which the details are kept up to date. Will Her Majesty’s Government consider giving local authorities the legal duty and the resource to enforce this and many other animal welfare legislative instruments? As has been stated by the noble Baroness, Lady McIntosh, currently there is no official body with the legal obligation to do such enforcement.

I respectfully suggest that there is little point in us introducing new or improving existing animal welfare legislation unless and until we address the problem of the inadequate enforcement of the current legislation.

The second issue, which has been mentioned, is the number of databases. Currently, 17 databases can be chosen to record information from a microchip, which creates considerable problems, as have been referred to, for those seeking to identify a given dog, including my fellow veterinary surgeons and others who should be interrogating dogs’ microchip information. The requirements for the databases are laid out in Regulation 6 of the current 2015 regulations, but are we confident that adequate checks are being made to ensure that those requirements are met?

My second question to the Minister is this. The Secretary of State has powers to request information from database operators to ascertain whether they are meeting the conditions of their operation, as set out in Regulation 6 of the 2015 regulations, but how many times has such a notice been served on a database operator?

Following that is a third question. Will the Government, in their current revisions to the microchipping regulations, consider appointing, after open invitation, a single database provider, certainly one providing a single portal of entry, the performance of which can then be properly monitored?

Finally, I briefly raise the issue of biosecurity. Substantial numbers of dogs are being imported into Britain from continental Europe, mainly legally but many illegally. All have the potential to introduce not just rabies, for which there is a legal requirement for vaccination, but a number of other canine pathogens, some of which are zoonotic and can threaten the health of both the UK canine population and its human population. Some 10% of all strays in London are now registered on a foreign database, and we have no idea how many entered the UK legally or illegally.

So my final question for the Minister is this. What plans do Her Majesty’s Government have to reduce these risks of disease introduction? I appreciate that I have not given notice of these questions, so I would accept responses by letter, if need be.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction and for his time, and that of his officials, in providing a briefing for this statutory instrument. The microchipping of dogs, which was introduced in 2015, has made a tremendous difference to the owners of the dogs and to the dogs themselves. The safety and traceability of dogs are made easier by this process. Dogs are often lost or stolen but are reunited with their owners through the information stored on the microchip, and reducing the number of stray dogs is to be welcomed.

The sunset clause on this regulation terminates on 24 February this year. I note that the Government conducted a consultation on extending this clause, the results of which were due to be published in December 2021. Presumably this has happened. Given the instrument expires in February, the consultation was somewhat late taking place.

A second targeted consultation, to 36 stakeholders, took place in November 2021. Just over half responded. Given the level of support from those responding, I am surprised that the Government have not removed the sunset clause altogether, instead of extending it by two years. However, I understand the need to take this opportunity to rectify the anomalies in data collection and to include the compulsory microchipping of cats in future microchipping legislation. Can the Minister say what the database issues are and whether they will all be addressed in the new regulations?

Nottingham University undertook a lengthy report on the post-implementation review of the 2015 legislation, but unfortunately, probably due to my own incompetence, I could find no reference to this when I searched on the internet. Can the Minister say whether this report has been published and, if not, whether it is likely to be? Is this likely to be before the next consultation, which, according to the Explanatory Memorandum, is likely to cover areas for improvement in the existing regulations?

Currently, when you take your dog along to the vet for their routine health check or vaccinations, your vet will routinely scan the dog for their microchip. However, there is no enforced regulation on veterinary staff to report to the authorities dogs that have not been microchipped. Is this one of the anomalies which the revised legislation will include in future?

There was no updated impact assessment in the EM for this SI. As the 2015 impact assessment was still extant, can the Minister confirm that, when this new regulation has been updated to include the compulsory microchipping of cats and provisions on other database issues, an updated impact assessment will be issued to cover all aspects of the new regulations? Can he confirm that there will also be no sunset clause?

My husband and I took on a rescue dog in the spring of last year. The dog had not been maltreated, but its owner was suffering from dementia and could no longer look after it. Through the microchip, we were able to estimate roughly how old the dog was and to see that it had been vaccinated and well cared for previously. I am sure that many others who have done the same are grateful for the information provided on the microchip, but it is important that there is adequate enforcement.

Pet theft is an invidious crime and extremely upsetting to families with children and the elderly, whose only companion may be a dog or a cat. Therefore, it is important that microchipping of dogs should continue without interruption, and I would like the Minister’s reassurance that the new regulation will be laid well before the nine-year sunset clause runs out in 2024.

REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Bakewell of Hardington Mandeville and Lord Trees

Tuesday 26th March 2019 Lords Chamber

[Lord Trees (CB)]

My Lords, I strongly support the amendment of the noble Lord, Lord Whitty, and will address the issue of animal testing, which has already been referred to by several noble Lords.

The amendment calls on Her Majesty’s Government to seek continued participation in REACH as a priority in negotiations with the EU. This is particularly important with respect to the use of animals for the safety assessment of chemicals. As was referred to earlier, animal welfare is of great concern to the public, but I believe that the vast majority understand the need, under strict regulation, to use some animals to ensure human safety.

However, all interested parties—the public, the scientists involved and the welfare organisations—expect observance of what are called the three Rs in experimentation. That is, to refine, to replace and to reduce the number of animals used. That concept has been pioneered in the United Kingdom. The REACH guidelines explicitly require minimal use of animals, and permit it only after all other alternatives are exhausted. Most importantly, having a single registration and regulatory portal for the EU avoids any repetition of animal testing.

The instrument under debate today will require an independent UK chemical regulatory process centred on the HSE and the Environment Agency. Notwithstanding the terrific logistical challenges that that presents, which have been well articulated by the noble Lords, Lord Teverson and Lord Fox, this is essential in the event of no deal, and indeed in the event that the EU will not accept the UK’s continued participation in REACH. I should point out that, to date, no third-party membership has been admitted to the REACH system.

I have three questions for the Minister. First, will he reassure us that the UK systems replacing REACH will harmonise with it as much as possible and will take all measures to avoid the need to generate separate data for registration? The Minister has told us that current registrations will continue to be accepted, but that all UK registrants will have to resubmit their registration dossier to the UK competent authorities within two years. So will the current animal safety testing data be accepted at that time without the need for further testing? Conversely, for UK firms importing products from the EEA that are currently registered by an EU member state, will the existing data for animal testing suffice when they are required to register within two years of Brexit?

Bearing in mind the problems of intellectual property, what assessment has Defra made of the problem of intellectual property and the ownership of data in the context of its transferability? Finally on future registrations of new products, will Her Majesty’s Government negotiate with the EU the mutual recognition of animal testing data so as to avoid the need to duplicate animal testing, whether for EU registrants to export to the UK or for UK registrants to export to the EU?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the noble Lord, Lord Fox, for setting out in such detail the issues around the statutory instrument. I also thank the Minister for his time and that of his officials for the briefing that we had at the beginning of the month.

I have read the Explanatory Memorandum three times and each time I have become more concerned. I have dealt with a number of SIs during this exit process, but the EM on REACH is the longest I have dealt with. It is an extremely complex subject. The stated purpose of the SI is to correct deficiencies in retained EU law. I remain unconvinced that this will happen.