Animal Welfare (Livestock Exports) Enforcement Regulations 2024.

Baroness Hayman of Ullock Excerpts

Tuesday 5th November 2024 Grand Committee

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.

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[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.

--- Later in debate ---

[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.