Animal Welfare (Livestock Exports) Bill

Baroness Fookes Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am conscious that we are on Report and should not, therefore, repeat speeches we have previously made. We are all aware that the whole thrust of the Bill is to prevent live animals experiencing long and distressing journeys to Europe to be fattened or slaughtered. The Bill is short and specific as to the types of animals within its remit.

The noble Lord, Lord de Clifford, has raised again the issue of extending the list of relevant livestock. As the Bill stands, there can be no extension of species: only those listed in Clause 1(4) are covered by the Bill. I believe this is short-sighted. Those of us involved in the passage of the Bill, both in this Chamber and the other place, are not able to anticipate what other species might become attractive for export for fattening or slaughter in future. During the debates at the various stages, other species have been mentioned by noble Lords. It seems sensible and humane for additional species to be added in future without the need for separate legislation to ensure this happens.

The two amendments from the noble Lord, Lord de Clifford, give the Secretary of State, Scottish Ministers and Welsh Ministers the power to amend the list of “relevant livestock”. This is not an outlandish request but a very sensible and pragmatic way forward.

I am aware of the shortage of legislative time for the Bill to pass. I am also mindful that making amendments means that it must return to the Commons, which would delay it getting on to the statute book. However, I also have the words of the noble Baroness, Lady Fookes, from earlier stages of the debate, ringing in my ears. She said that if it is not in the Bill, it will not happen. I subscribe to that view.

I strongly support these two amendments and am looking for reassurance from the Minister that there will be some flexibility in future to ensure that, if necessary, other species can be included in the Bill.

[Baroness Fookes (Con)]

My Lords, my name has already been mentioned in this regard and, like others who have spoken, I am fully in sympathy with and support of the thrust of the amendments before us. I worry, however, about what happens if we pass such an amendment and it has to go back to the Commons. I do not know how close we are to a general election, but it is all too easy for things to get lost, particularly when there are other major Bills—perhaps of more interest to others than to us—which might get much further ahead in the queue. Having waited 50 years for a Bill such as this to be passed, I am desperately anxious that it does not fall at the last hurdle. So, reluctantly, I would not wish to vote for this amendment, but my heart is there for it. It is simply a pragmatic reaction.

[Lord Trees (CB)]

My Lords, in line with the noble Baroness’s comments, I have a lot of empathy with this amendment and indeed the later amendment from the noble Baroness, Lady Bakewell. If they had been incorporated originally, that would have been perfectly reasonable, but alas, they are not in the Bill. This is a very important Bill and to send it back to the Commons would, as has been mentioned, seriously risk losing it. As it stands, it is an important Bill for the improvement of animal welfare. We have had a lot of animal welfare legislation in the last 10 years, but this is one of the more important examples. The noble Baroness, Lady Fookes, has waited 50 years for it, as she told us on her birthday at Second Reading. Regrettably, I say to my noble friend that I cannot support the amendment.

Fur: Import and Sale

Baroness Fookes Excerpts

Monday 22nd April 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

My Lords, the wearing of bearskins by the Guards division is a matter for the Ministry of Defence. We are continuing to build our evidence base on the fur sector, which will be used to inform the future of the fur trade, and we will continue to share this evidence with other government departments, including the Ministry of Defence.

[Baroness Fookes (Con)]

My Lords, what has happened to joined-up government? Is not this a matter for environmental and welfare considerations, and are they and the Ministry of Defence to be completely separated? I would suggest not. On the wider question, I am delighted by the progress that is being made, but could my noble friend speed it up a bit? I want to be alive when something really happens.

[Lord Douglas-Miller (Con)]

My noble friend is in very robust form, and I can see will be for many years ahead. I commit to providing a response to the consultation and the wider other brief as soon as I can.

English Horticultural Sector (Horticultural Sector Committee Report)

Baroness Fookes Excerpts

Friday 19th April 2024 Lords Chamber

[Baroness Fookes (Con)]

My Lords, I pay tribute to the noble Lord, Lord Redesdale, for his admirable chairmanship of the committee. We were able to make far-ranging inquiries followed by some very good practical recommendations. The attitude of the Government to all these recommendations was variable; the main point is that we had a lot of Civil Service language full of good intentions and not enough action.

I turn now to that failure of action, to which the noble Lord, Lord Redesdale, has also referred—the absence of a national horticulture strategy for England. I stress this point about making long-term plans and putting their money where their mouth is, because people involved in horticulture need to know and have some degree of certainty about what the Government’s attitude will be.

I was particularly unimpressed by the reference in the government reply to this being but a snapshot in time. The inference is that everything will change and, therefore, a strategy is of very little purpose. I do not buy that, because it is perfectly possible to revise it at intervals. If that is the Government’s philosophy, I ask my noble friend the Minister if they are about to jettison the grand 25-year environment plan, which could be subject to precisely the same fault.

I turn now to another topic—two, if I can squeeze them in—that relates to research. Unfortunately, since 2003, there has been a notable decrease in the amount of research funding. At one time, Britain was noted as a world leader in ground-breaking research. Frankly, as we have been told by experts, who should know, we are in grave danger of losing this. A lot of the trouble stems from the absence of long-term funding, which again harks back to the horticultural strategy. That has been lost. There is what I call an obsessive reliance on short-term, competitive projects. This does not lend itself to the short term because everything to do with horticulture, whether edible or ornamental—I stress “ornamental”—needs long-term funding. I do not understand why we have this reliance on short-term funding. It is quite clear that it is having an impact on research institutes, some of which have disappeared altogether. The one at East Malling now has between a third and a half fewer staff than it used to, which bodes ill for what we are trying to do.

I urge the Government to think again about this research funding. It also has an impact on the chances of future generations enjoying high-level careers. For example, I believe Reading is now the only university that offers graduate and postgraduate horticulture courses of world renown. The RHS and Kew Gardens offer specialist ones of their own but, frankly, that is not enough if we want to encourage and give an opportunity to younger people to go in at a high level.

I turn now to the slightly lower level, which makes me get hot under the collar. It is quite clear that very little is done in schools to encourage knowledge of horticulture. There is certainly no encouragement whatever for young people to take it up as a career, at whatever level is suitable to them. The whole point about horticulture is that it can offer jobs from a fairly low level, although all of them need some special talent, right up to the postgraduate level.

We have the new T-levels, which are supposed to give a qualification at the end of two years equivalent to A-levels, but they are not widely known about. I am not at all sure that they have been set out in the most useful form. I hope that the Government, or whoever will be responsible for this, will look at the early stages of the various T-level qualifications clearly to make sure that they meet both the aspirations of the students and the needs of the industry where they will be employed. I fear that this has got off to a rather shaky start, as our committee indicated. I am therefore concerned that we have a really good go at making a good job of this, providing young people with really good, interesting careers.

We do not seem to have anything up to indicate the time, but I am pretty sure that I have reached my limit. Ever willing and, I hope, able to keep to the rules, I now end my contribution.

[Lord Evans of Rainow (Con)]

I am most grateful to my noble friend, who is quite right. We have notified the House authorities about the clock, but we still have the other monitor so, as the Whip at the moment, I will keep the time and, when it comes to five minutes, I will gesticulate appropriately. We still have a record of the time, but the debate has been excellent so far, so I suggest that we carry on.

Animal Welfare (Livestock Exports) Bill

Baroness Fookes Excerpts

Committee stage
Thursday 14th March 2024 Grand Committee

[Lord de Clifford (CB)]

I have tabled this amendment with the support of the noble Baroness, Lady Hayman of Ullock, as an opportunity to improve the Bill and future-proof it for the benefit of all animals and animal welfare. This Bill is welcomed by all in the Committee, I believe, and we wish to see it on the statute book as soon as possible.

The basis of the Bill is to prevent the restart of the cruel and unnecessary trade in animal exports for slaughter and fattening. The Bill has identified in Clause 1(4) the relevant livestock. These animals have, without doubt, made up the majority of the trade and have suffered the most over many years. The Bill will have less impact on farming income and reduced opportunities than it would have done before Brexit, because this trade has almost stopped over the past few years. The Bill will stop the restarting of this trade and, in effect, is a safety net to stop the named animals having to go through this ordeal in future.

The question is why the Bill does not cover all animals. The Minister tried to address why other species have not been included in the Bill when summing up at the end of Second Reading, saying that two animal charities, Compassion in World Farming and the RSPCA, said that the Bill covered the relevant species to end this unnecessary trade. I noted that a similar amendment was tabled in the other place. In response to that proposed amendment, Compassion in World Farming said that it was not aware of any alpacas or deer being exported for slaughter. The RSPCA said that only sheep, calves and horses had been exported from Britain for slaughter in the past 10 years. If the RSPCA is correct in its comments, mature cattle have not been exported for slaughter and fattening over the past few years, but they have been included in the Bill. As I understand it, a possible trade in mature cattle was foreseen by Defra, and so, to act as a safety net, Defra included all cattle on the relevant livestock list so that the trade could not take place.

I believe that this amendment would only enhance the Bill, as it would act as a safety net for all animals in Great Britain not currently included in the Bill. I acknowledge and welcome the support for this legislation from the devolved Administrations in Wales and Scotland. I thank the noble Baroness, Lady Young of Old Scone, for her suggestion at Second Reading that the Secretary of State should have the power via secondary legislation to extend the list of relevant livestock to the Bill in Clause 1(4), so that if an export trade for slaughter in alpacas, deer, rabbits or other species was to be developed in future, relatively speedy action could be taken to stop that new trade via statutory instrument after consultation with the farming and veterinary industry and animal welfare charities, so that certain animals would be prevented from enduring this unnecessary journey.

Surely one of the functions of government is not only to look at the past and create legislation to improve society, and in this case animal welfare, but to look to the future to ensure that any changes in society or opportunities that people create cannot inflict similar issues to the ones that have already been banned—in this case, the suffering and cruelty of the livestock not currently included in the Bill.

Can the Minister and his advisers in Defra explain to someone new to the legislation process what the barriers are, and the possible repercussions of not including other species on the relevant livestock list, and possibly to not accepting this amendment, that we noble Lords have not foreseen? I hope that the Government can find time to include this amendment and that it does not slow up the implementation of this important and welcome Bill. I beg to move.

[Baroness Fookes (Con)]

My Lords, I warmly support this amendment and I doubt whether any remarks by my noble friend the Minister will convince me otherwise. I suspect the main reason that it is not in the Bill is that they have taken so long to bring it forward that they are now worried about any changes to it which might prevent the whole thing going through, for reasons I need not dwell on. But it is a serious mistake. No one can foresee what might be wanted for the export trade in the future. Therefore, this seems a sensible proviso against future problems. For that reason, I warmly support it.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Lord, Lord de Clifford, set out clearly his reasons for this amendment. At Second Reading, many noble Lords taking part in the debate raised the issue of increasing the number of species covered by this short Bill. Many also made the case for ensuring that the Bill got on the statute as quickly as possible, and certainly before the end of this Parliament.

Increasing the number of species covered by the Bill should be done through affirmative secondary legislation, rather than specified species being added to the Bill. Many issues could come along which might make it wise to add a different species to the Bill. I support the view that, in future, the Secretary of State should be able to make adjustments to match the circumstances at the time, and I believe that this amendment would allow that to happen.

At Second Reading, it was suggested that deer were added, among other animals. I would be reluctant to see deer added to the list unless there were exceptional circumstances to support this. Our country is currently overrun with deer, which are doing immense damage to our trees and woodlands, and in some cases domestic gardens. If we have a surfeit of deer here, we should deal with the problem ourselves, internally. Exporting the problem for others to deal with does not seem sensible or humane. I look forward to the Minister’s comments, but I generally support the aim of these two amendments.

--- Later in debate ---

[Baroness Fookes (Con)]

My Lords, I am pleased to support the various reviews set out in these amendments. I shall concentrate particularly on the first of these, on the import of livestock. It goes some way to deal with worries about lower welfare standards, but it asks only for a review. In other words, the Government could have the review and ignore it completely. One would hope that that would not happen, but I am a cynic, and unless something is written into the law I am not happy that anything will happen.

I would be interested to know from my noble friend the Minister what regulations there are, or what advice is given regarding the welfare of livestock imported from the continent. I have the impression that nothing happens at all. Perhaps he can confirm or deny that point.

My noble friend Lady McIntosh referred to the import of eggs raised under conditions that would be illegal here, but I am not sure whether they are regarded as livestock. I hope that they are, but I would like to hear from the Minister himself whether this is the case.

I support these amendments and the reviews, but I would like to see more teeth.

[Baroness Hayman of Ullock (Lab)]

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.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

I will intervene briefly to support the contents of Amendment 6, as moved so eloquently by the noble Baroness, Lady Hayman of Ullock.

I had to give a wry smile, because I spent hours in the European Parliament passing legislation on the movement of animals, including on the length of journey and the feeding and watering intervals. Can my noble friend say—I cannot remember but I am sure his department will—whether we transposed all the existing regulations on animal welfare at the time that we left the European Union? Is it part of our retained EU law? I do not think we need to start from scratch—that is extremely important. That is true particularly in view of what the noble Baroness, Lady Hoey, was saying about long journeys from Scotland. I am not saying that there should not be journeys from Scotland—it is very proud of its livestock production —but we need to be sure that we have transposed those regulations and that we will not start absolutely from scratch.

That also begs the question that I referred to earlier about the shortage of vets. I was grateful for the briefing we had, over a very enjoyable evening, from the British Veterinary Association. I am sorry that my noble friend was not there, but the Secretary of State was, and he acquitted himself extremely well. The point was made that there is a shortage of vets, and a plea was made to whichever party is in government after the next election—I am sure it will be a Conservative Government, so I am addressing my noble friend very vigorously here—that we should address the issue that the BVA raised about veterinary qualifications and the status of veterinary. This was a big issue in some of the Brexit legislation that went through. We had a number of Spanish and other European vets who left, so there is a shortage of vets.

This is my noble friend’s opportunity to wax lyrical about abattoirs. My husband and I have a voucher—it is rather an odd thing to bid for—to go and visit an abattoir followed by a lunch. We thought we might do it the other way round—we will see how it goes. With the closure of abattoirs, not only are there longer journeys but there is a requirement that a vet is at the abattoir for the duration of the slaughter process. Is that putting undue pressure on vets, as well as all the export certificates that are required in this regard? I am also deeply disappointed that eggs and poultry meat are not included in the remit of the Bill.

[Baroness Fookes (Con)]

My Lords, I am always in favour of anything that might improve the welfare of animals. Of course, one must include this review of the impact. However, on a technical point, I wonder whether this does not go slightly beyond the remit of the Bill itself. We are dealing in the Bill only with the export of animals for slaughter or further fattening, and this refers to export alone, not to animals that are going to be slaughtered. It would be aimed rather at the sort of animals that would be going over for racing, showjumping and the breeding of specialist animals.

Animal Welfare (Primate Licences) (England) Regulations 2023

Baroness Fookes Excerpts

Tuesday 27th February 2024 Lords Chamber

We want to see a ban on the private keeping of primates. We will not oppose this SI, because we believe that, if it is properly enforced and sufficiently high standards are met, it should see a stop to the majority of private primate keeping. We hope that the regulations, when introduced, will be robustly enforced, that a clear road map will be laid out on how to ensure protection for those primates already kept as pets, and that there will be strong guidance to ensure that their implementation is smooth and they do what they are intended to do. I beg to move.

[Baroness Fookes (Con)]

My Lords, I declare my past and present connections with the RSPCA.

I welcome this SI, but I am sad that it does not go further. I should have liked to have seen a straight ban on the keeping of primates by private owners. If not, there then has to be a whole series of regulations, rules and guidance to try to ensure that standards are sufficiently high. You could cut all that out if you just said a straight no. That is not what we are faced with this afternoon, though I am grateful for small mercies.

I have been and remain very worried about the impact of unnatural conditions on the keeping of primates, which will continue for a couple of years. It is impossible for the bulk of private owners to provide the kind of natural setting which is suitable for these animals.

Even more importantly, they are social animals. They live naturally in groups. In many cases, owners have only one. To me, that is positively cruel. It is the equivalent of solitary confinement for a human being. We all know the impacts of solitary confinement on the psychology and health of people; I believe that it is equally bad for primates. That is a very real concern which I hope can be overcome by the regulations. But will they insist that people have groups of animals? I suspect not, so one of the difficulties will remain.

I do not want to go into detail on the points that the noble Baroness, Lady Hayman, has already made. I have considerable sympathy with her criticisms. I too am extremely puzzled as to why the breeding of primates is allowed. For me, if flies in the face of what this SI supposedly wants to do. I hope that the Minister will be able to explain why he thinks this is a good idea. Furthermore, I would have thought it will ensure that animals continue to be kept ad infinitum. It is a great puzzle to me.

I am equally puzzled by the point that exhibitions will be allowed. What exhibitions? That sounds more like a circus to me. What possible reason can there be to have animals in exhibitions? It is absolutely absurd. I am sorry to be so firm with my noble friend, but I do not like it and I do not approve.

Then there is the problem of enforcement. Rules and regulations are fine, providing they are adhered to strictly. Here we have an added problem. The instrument sets out all sorts of excellent arrangements as to the amount of space allowed and all these other details, but we do not have the guidance before us to indicate how this would be worked out in practice. It is a continual complaint of mine that, when people bring forth the principles of things, we do not get the details, which are absolutely essential. I worry about this considerably.

We then, of course, have the particular worry of the implementation—the interim period, if you like, when I think after 6 April 2026 people will either need to have a licence or be asked to give up their animals. The noble Baroness, Lady Hayman, already indicated that this could cause a real problem in practical terms. I too press my noble friend the Minister on exactly how the Government propose to deal with this. Will they, for example, set up special sanctuaries? I do not think there will be enough to do the trick, as at present. I should be happy to hear from my noble friend if I am wrong on that, but I suspect there will be a very real problem with implementation.

For that reason, I too would have preferred what is called a grandfather clause, whereby existing owners could keep the animals for the rest of their natural life. Those conditions may not be ideal, but we have to balance that against the possibility of what will happen in practice if they are all flooded on to the market at once, if I may put it that way, and whether their conditions would be any better. If my noble friend can assure me that that will not be so, then I will worry less about the absence of a grandfather clause.

I both welcome this and am disappointed by some aspects of it, particularly considering the absolutely remarkable ability, with modern technology, to see animals in their natural habitat through films and through sound. Why on earth would anyone wish to keep them in artificial conditions, which will be at best adequate and at worst appalling? I really would wish to go further, but as I say, I accept the SI for want of anything better.

[Lord Trees (CB)]

My Lords, I declare my interests as laid out in the register, particularly my role as co-chair of the All-Party Parliamentary Group for Animal Welfare. I apologise that I may well repeat many of the excellent points already made by the noble Baronesses, Lady Hayman and Lady Fookes, but they bear repetition. I hope the Minister will take them into account, answer them and perhaps address some of them in guidance.

I broadly welcome these regulations, which were a major feature of the kept animals Bill, which was, of course, withdrawn. As has been explained, they concern the keeping of primates by private individuals, but they do not ban such keeping; rather, they license it. As has been stated, primates have very complex welfare and social needs, which are likely to be very difficult to meet in a domestic environment. There has previously been non-statutory guidance, but this legislation strengthens the necessary safeguards for the welfare of kept primates.

Animal Welfare (Livestock Exports) Bill

Baroness Fookes Excerpts

2nd reading
Wednesday 21st February 2024 Lords Chamber

[Baroness Fookes (Con)]

My Lords, I first declare an interest as president of a branch of the RSPCA and as having had in the past various other close connections with that organisation.

I am most grateful to my noble friend the Minister for his kind birthday congratulations. I have to say that I could not have a better birthday present than this Bill—but it is a bit late coming. I was trying to get this done 50-odd years ago as a young MP—yes, I was young once—in the House of Commons.

My noble friend Lord Norton of Louth has done some research on those Conservative MPs in the early 1970s who had voted against the Government, and he dug up for me a particular occasion where I wanted to see the withdrawal of licences so that animals could not be exported. The Government of the day put in a wrecking amendment, so I voted against it, and on that occasion, we won; animal exports stopped. But of course, as we all know, there has been a history since and I, along with others who share my view, have been spectacularly unsuccessful in getting the ban.

In 1974—50 years ago almost to the day—I asked the Minister for a permanent ban on the export of live animals. He did a bit of waffling about the need to consult, which is the usual thing when they do not want to take action, and I said:

“I recognise the Minister’s need to consult, but will he bear in mind that any attempt to resume these exports will be met with my implacable hostility”.—[Official Report, Commons, 11/4/74; col. 12.]


I have maintained implacable hostility for the 50 years since; but why was I so opposed? Because I heard first-hand accounts at that time from RSPCA inspectors who had gone undercover—the proper government inspectorate did not seem to be working, so they did it themselves—and followed particular consignments right the way through from where they started to where they ended at abattoirs: and it was heartbreaking.

Over the years, millions of animals have suffered in this way. Very often, the vehicles used to transport were quite unsuitable. Sound animals and injured animals were allowed to go together, and some sound animals became injured anyway through the conditions in which they were travelling. Sometimes food and water were missing. The hours, as the noble Baroness, Lady Young, pointed out, were extremely long; and, more often than not, the conditions in which the animals were slaughtered, eventually, were horrifying in themselves. This is why I felt so deeply and strongly and, although conditions may have improved slightly, it is not enough for my concerns. I share the mantra of the British Veterinary Association from years ago that slaughter should take place as near the point of production as possible.

I turn now to the Bill itself, which I warmly welcome. I do see one small weakness: I know my noble friend has indicated that we are covering all the main animals and I accept that entirely, but there could come a time when other animals that are not now exported could be, and they would not be covered. I share the wish to have an amendment put in so that we could have a regulation that permits this to happen. I have looked carefully at all the regulations that we have already, but it does not seem that any of them would cover it. It is actually unusual for me to want regulations; when I was chairman of the committee that looked at these things, I was forever railing against the unsuitable extensive use of regulations. But here I make an exception. I hope that my noble friend might consider this—without, of course, allowing the Bill to fall by the wayside, which is always a concern and a worry at this time.

Others have also mentioned—and I will do so briefly—a concern that animals within the country have better regulations. I would like an assurance from my noble friend that the regulations in place are being enforced. It does not matter how good they are; if they are not enforced, it is as though they are not there at all.

I would also like to see those regulations improved. Unless I am much mistaken, we are still operating on the 2005 regulations from the European Union, which have been transferred into British law and now have some other fancy title that I forget. Anyway, I would like to see them improved because quite a lot of hours are allowed; I think it is 19 hours for calves and more for others. That is far too long. I support the arrangement for small abattoirs to be encouraged so that we can get animals off transport at great length and into abattoirs where we can ensure that the conditions are humane.

I hope my noble friend can give some reassurances on these matters. That said, I have waited a long time for this—and it could not have come at a better time than on my birthday.

Dangerous Dogs Act 1991: New Breeds

Baroness Fookes Excerpts

Thursday 14th September 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Lord makes a very good point. Under the Dangerous Dogs Act, there is an exemption procedure whereby the person can keep the dog provided that they stick to various conditions, such as it being taken out on a lead and wearing a muzzle. Of course, that does not solve the problem entirely. We want to see these dogs removed. There are ways of doing that and very serious penalties, including up to 14 years in prison, for people who break those rules. We are talking to the National Association of Police Chiefs and making sure that we are doing everything in the realm of the possible but our priority is to get dangerous dogs off the streets.

[Baroness Fookes (Con)]

My Lords, I am delighted that my noble friend is taking such urgent action on this. I suggest that he should be more radical when looking at the Dangerous Dogs Act. It is time that that was sent to the knacker’s yard and a new system instituted altogether. I say this with some regret because I was the one who introduced it in the other place in the first place.

[Lord Benyon (Con)]

I know that the Act is sometimes held up as a poster boy for the malign effect of knee-jerk legislative reaction to a terrible incident. However, as I said, the pit bull terrier, the Japanese Tosa, the Dogo Argentino and the Fila Brasileiro—the four species banned under the Act—are not breeds that have been involved in these awful attacks. One could therefore argue that there may have been more attacks if they had not been banned, but we are looking to make this effective and we want urgent action.

Hunting Trophies (Import Prohibition) Bill

Baroness Fookes Excerpts

Committee stage
Tuesday 12th September 2023 Lords Chamber

As we have heard, the Government committed to banning all trophy imports: it was a manifesto commitment. While we applaud and salute the noble Baroness, Lady Fookes, for the enormous amount of work that she has done on this, it is a great pity that the Government failed to bring this forward as a government Bill, as expected. They committed to banning trophy hunting and I hope they will still look to do that, because it is time that the UK banned this awful practice.

[Baroness Fookes (Con)]

My Lords, we have already spent a considerable time on this first amendment. I take what I think is a minority view about the purpose of Committee: it is to look, in detail, at amendments to improve a Bill or reject various parts of it, as the case may be. Speeches should be closely argued on the amendment concerned, or the amendments if they are grouped, and they should be concise. The time spent on this amendment has been miniscule in comparison with the time spent on what were, in effect, Second Reading speeches. I am sorry, but I deplore that as a Committee issue.

I turn then to the actual amendment. It gives the Secretary of State the requirement, not just once but each year, to make

“a statement in writing to the effect that, in the Secretary of State’s view, its operation will not cause unintended and perverse consequences for wildlife conservation”.

I once chaired the Delegated Powers and Regulatory Reform Committee, and I was always very wary of giving the Government, Secretaries of State or anybody else unfettered discretion to do things. This seems to me to fall into that category, because there is not even a whiff of parliamentary scrutiny. For that reason, I am very much opposed to this and, as I wish to be concise, I will sit down and leave the Minister to speak.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I thank the noble Earl, Lord Caithness, for tabling and moving this amendment, and the other Peers who have proposed amendments. However, I must say that the Government are disappointed that the House has not thus far been able to agree a way forward for this important legislation. My experience is that there is always a deal to be done, and I hope we may yet find some way forward. I was interested to hear the words of the noble Lord, Lord Turnbull, whose experience in these matters is hugely valued. I will take up any opportunity to find a way forward.

--- Later in debate ---

[The Earl of Caithness (Con)]

My Lords, I would like to thank all noble Lords who have taken part in this debate, and I thank the many noble Lords for their support for my amendment.

I was particularly interested in the speeches of the noble Lord, Lord Weir of Ballyholme, and the noble Baroness, Lady Bakewell of Hardington Mandeville, because I do not think that either of them actually listened to what I said. They came with pre-prepared speeches—the usual claptrap they produce when it comes to trophy hunting. I mentioned all the disadvantages of trophy hunting and said that I was trying to improve the conservation of animals. If the noble Lord does not like my examples, well, I am sorry, but at least he has not challenged the efficacy of them. I think that would have been a more helpful and constructive approach than just spieling out the usual generalisations, which we have become use to accepting from the proponents of the Bill.

My noble friend Lady Fookes gave one of the most remarkable replies from a sponsor of a Bill that I have ever heard in over 50 years in this House. She did not comment at all on any of the information that I gave, which contradicted a lot of what she said at Second Reading in generalisations. I gave specific examples which she has not contradicted—so I presume that she accepts them but does not like them.

[Baroness Fookes (Con)]

May I intervene? I did not deal with any of those issues because I regarded them as a Second Reading speech. I am not going to answer that kind of thing. I hope the noble Earl will not take it that I agree with everything he said, because I do not. I was trying to keep to what I believe is the purpose of a Committee stage.

[The Earl of Caithness (Con)]

I think we all fully accept that my noble friend will not meet anybody to discuss this Bill and will not discuss it. That is very clear.

I respect the position of the noble Baroness, Lady Hayman of Ullock, who said that it is cruel to kill any animal. I do not agree with her, but I respect her position. I wonder whether she might just consider the very fine deer herds in this country, such as in Richmond Park. They are only fine deer herds because of culling and because beasts are shot and taken out in order to continue and improve the herd. If we did not have that, we would not have the very fine deer herds we are privileged to have in this country.

My noble friend Lord Benyon said he was disappointed that no compromise had yet been found. There is a compromise. The Government have ignored the compromise and the advice of the JNCC, which is the specialist advisory body. There is no need for an advisory board. If the Government would look again at my noble friend Lord Mancroft’s amendment as a suitable vehicle to get the benefits for conservation and for local people that can be achieved, there would be a sensible way forward. Given the support I have had, I would like to test the opinion of the Committee.

--- Later in debate ---

[Lord Mancroft (Con)]

My Lords, I want to make a comment about this and ask a question of my noble friend on the Front Bench. The noble Earl is quite right that we should differentiate. This is a conservation Bill and we do not conserve domestic animals—we conserve wild animals. So the argument that they should be wild is entirely correct.

There is a technical point that I should know the answer to and do not, so I shall ask my noble friend on the Front Bench. We in this country have different laws for wild and domestic animals; we do not treat our wildlife in the same way as we treat our domestic animals, for very good and sensible reasons. The law relating to them is different. But there is a reference to a wild animal that is “captive”—although I cannot remember the right word. I apologise to your Lordships, because I should remember it, but I have forgotten this legislation, which I used to know very well. There is a definition of a wild animal that is enclosed, or captive, or whatever it is—and when it becomes enclosed or captive, domestic welfare law applies. It is a different law. What I do not know, and I ask my noble friend, is whether that law applies abroad, under English law. If it did, canned lions in Africa would be subject to domestic law, because they would be captive wild animals, and the whole thing would apply completely differently. I do not think that they are really wild animals.

There is a difference between domestic and managed wild animals. We do not have any managed wild animals in this country, so it would not apply to us. I am not clear, but there are differences here and the law would apply differently if UK law were applied to, for example, canned lions in Africa. I am just not clear what the answer to that question is, and it would be helpful to know it.

[Baroness Fookes (Con)]

For the record, I do not like this amendment and am opposed to it, as it restricts the scope far too much.

[Lord Mancroft (Con)]

Does that mean that my noble friend thinks that we should have trophy laws for domestic animals?

--- Later in debate ---

[Lord Mancroft (Con)]

My Lords, I think that is a very helpful intervention. There are some noble Lords who think this is the manifesto commitment; I do not think it is. This goes significantly wider than the manifesto commitment. More than that, I have sat and watched lots of manifesto commitments go round and round over the years and I have very rarely seen one that went through in pure form. One of the arts of politics is compromise: if you want to get your business, you make compromises. The Government do that every day in different areas, and so they should—that is how it works. This is an area in which we could make that compromise.

I am looking at the lists. There are, I think 6,200 species that we are banning from bringing in as trophies, and it is important to remind ourselves of the trophies, because we have probably not seen many of them on the walls. I have seen a few trophies, but I have never seen 2,076 corals on a wall. I have seen some fish, but I do not know that I have ever seen any cartilaginous fish, but there are 154 of them on the list—we are banning those, apparently. I think it is a sensible move to ban the trophy hunting of poison dart frogs—that is something we should have done years ago and I cannot imagine why we have not. Here we are, getting round to it, and there are quite a few other things on this list.

To tell the honest truth, the words “sledgehammer” and “nut” come to mind. Look at these creatures. There is an echidna here—I am not sure quite what it is, but it is on the list. We have banned that, and, my goodness, that is a good day’s work, is it not? Kangaroos, wallabies and possums are on the list. Frankly, this list of 6,200 is completely absurd and ridiculous; we should reduce it to the creatures that are genuinely likely to become trophies and make it more reasonable. After all, the poor customs people who are meant to be dealing with this have not got a hope. There are 975 reptiles on it and—goodness me, that is lucky—we have banned 96 molluscs. I have had sleepless nights over mollusc hunting.

I agree that this list is a bit absurd. We should try to reduce it. It is an area where we can compromise without causing any concerns, and I hope your Lordships will look at this very seriously.

[Baroness Fookes (Con)]

My Lords, your Lordships will probably not be surprised that I do not agree with my noble friend Lord Mancroft on this. I prefer the fact that there is a wider scope with the wildlife trade regulations annexes A and B. If they do not cause a problem, nobody will worry about that. I was amused by my noble friend Lord Mancroft and his molluscs, but I really do not think it is of any significance whatever. However, what I do notice is that as we go through the various amendments, a little bit here and a little bit there is chipped away, and if they were all accepted, we would see something very different indeed. Therefore, I stand by the Bill as it stands.

[Lord Benyon (Con)]

My Lords, I set out earlier my thoughts on these amendments. My noble friend Lord Lucas is a very intelligent and assiduous parliamentarian and raises an important point. But I suggest that this amendment is not necessary, because the species in scope are provided for in Clause 2. Notwithstanding what my noble friend Lord Mancroft says, that is for the simplicity of the functioning of the Bill, so I hope I can persuade my noble friend Lord Lucas to withdraw his amendment.

Live Animals: Export Ban

Baroness Fookes Excerpts

Monday 10th July 2023 Lords Chamber

[Lord Benyon (Con)]

No, I am hoping that it will be a government Bill.

[Baroness Fookes (Con)]

My Lords, my noble friend has managed to assuage my wrath, for the time being. That is probably very unkind, because in the past I think he has been more the messenger than the author of the non-activity. None the less, can he tell all those involved in this matter that we and all those who are interested in animal welfare will be watching the timetable for this with the eyes of a number of hawks—so he had better deliver?

[Lord Benyon (Con)]

I sit in awe of my noble friend’s determination, and I want to make sure that there is no wrath in her. I gently remind her that we have a very good record on animal welfare. We have delivered in primary legislation the Animal Welfare (Sentencing) Act, the Animal Welfare (Sentience) Act, the Animals (Penalty Notices) Act, the Ivory Act 2018, which came into force in 2022, as well as measures to crack down on hare coursing—and with her assistance and that of the Government, the Glue Traps (Offences) Act. We will deliver many of the items of the kept animals Bill in a variety of ways, including through Private Members’ Bills, and we will make sure that they are on the statute book soon.

Farm Animal Welfare

Baroness Fookes Excerpts

Monday 26th June 2023 Lords Chamber

[Lord Kamall (Con)]

My Lords—

[Baroness Fookes (Con)]

My Lords—

[Lord Kamall (Con)]

I know my place.

[Baroness Fookes (Con)]

Perhaps I may take issue with my noble friend about the export of animals for slaughter, which has been a concern of mine for more years than I now care to remember. This is a good time to do it when nothing much is happening; that could change overnight. What is more, countries such as Australia are seriously considering operating such a ban. Here, we could give a good lead, and if the Government want to be at the forefront, now is the time to do it.

[Lord Benyon (Con)]

I agree with my noble friend. She is not taking issue with me; she is pushing at an open door. This is a manifesto commitment and in our animal welfare action plan, and we want to do it.