Welfare of Animals at the Time of Killing (England) Regulations 2015

Baroness Parminter Excerpts

Tuesday 15th December 2015 Lords Chamber

Clearly this is an entirely unsatisfactory situation from any point of view. Happily, there is an easy solution to hand for my noble friend. All his department has to do is to withdraw these regulations and then re-lay them with the schedules on the details of the operation of the stunning procedure reinserted, as they are in the regulations covering Wales and Northern Ireland. These regulations would then be in the same form as in the earlier WATOK regulations, so suddenly and inexplicably withdrawn on 19 May 2014, the day before they were to come into operation. I beg to move.

[Baroness Parminter (LD)]

My Lords, I thank the noble Lord, Lord Hodgson of Astley Abbotts, for bringing forward this Motion to Regret. Most people would agree that these regulations improve the previous slaughter provisions but would share the strong concerns the noble Lord indicated about the potential impacts on the welfare of poultry of not including the stunning parameters when using electrical water-bath stunners for religious slaughter.

The aim must as far as possible be to deliver humane stunning of poultry, subject to the constraints, some of which the noble Lord outlined, of using electrical water-bath stunners, in a manner acceptable to the relevant religious authorities reliably and consistently to provide a recoverable stun. Using electrical water-bath stunners without stun parameters risks some birds being immobilised rather than stunned and being conscious when they move to the neck-cutting stage required by halal slaughter.

As the noble Lord made quite clear, stun parameters in these circumstances have been set in Wales and Northern Ireland, following work by the European Food Safety Authority. Indeed, that raises questions about how operators who have businesses in various parts of our nation will have a comparable standard. When these proposals were hastily withdrawn, some specific wording was outlined in the Explanatory Memorandum:

“After making the 2014 WATOK Regulations, the Government decided that the potential impact on some limited aspects of religious slaughter needed further consideration and that it was preferable to revoke the 2014 WATOK Regulations in order to give full consideration to the relevant issues”.

I have read the Explanatory Memorandum and the various impact assessments that the department has provided, but at no stage does the EM or the IA spell out clearly what those issues were or what was the process of consideration by the Government. I think this House would demand that Defra operates evidence-based decision-making. I have found nowhere in the EM or the IA any indication of what specifically were the relevant issues or what was the process of their consideration that led to the removal of those regulations. What evidence are the Government using for removing these stun parameters? It is difficult to see that we can effectively stun all poultry without having set parameters.

The second issue I shall raise is the need for lessons to be learnt from the Government’s handling of this process. In its 11th report, the Secondary Legislation Scrutiny Committee highlighted the,

“inadequacies in Defra’s handling of consultation”,

and, using what I believe is rather strong language, called the process of policy formulation,

“protracted, uncertain and still unresolved”.

It chided the Government for having regulations still not in force three years later than the date set for implementation.

If the Minister is not going to agree to the recommendation made by the noble Lord, Lord Hodgson of Astley Abbotts, to re-lay the regulations including stunning parameters, will he say something about the internal review of the application of the regulations which is referred to in the Explanatory Memorandum? It makes clear that the Government intend to review this process within five years, but that it will be an internal review. I suggest that, given the concerns raised in this House and by the Secondary Legislation Scrutiny Committee, any further review of these regulations should not be internal but should be public so that there can be full scrutiny of the impact of these regulations.

[Lord Trees (CB)]

My Lords, I am very grateful to the noble Lord, Lord Hodgson, for introducing this Motion to Regret. This is a complex and very technical issue, but at its heart is the importance our society and our Government attach to the welfare of animals at slaughter.

First, I must acknowledge that there are a number of measures in this regulation which are improvements to the previous regulations, and I commend the Government on that. Notably, these include the requirement for abattoirs above a certain size to have a designated animal welfare officer whose job is to ensure that welfare requirements at killing are observed and effective. They also include the requirement that the personnel working in the killing process in abattoirs are appropriately trained and have certificates of competence. These are positive and welcome measures.

However, as noble Lords have said, there are other features of the regulations pertaining to poultry that do not prioritise animal welfare. Of specific concern is the failure to specify particular parameters for the electrical stunning of poultry in water baths. Previous rules did not specify the electrical current and frequency to be used, and it has been recognised that under certain conditions—low current, for example—animals may not be properly rendered unconscious before the neck-cut to sever the blood vessels kills them.

As a result of a thorough review of these issues by an expert panel convened by the European Food Safety Authority, the EU formulated regulations to include recommended levels of current and frequency in order to achieve the unconsciousness of animals more reliably. Why have these specific conditions not been included in the adopted regulations? The Government’s own Explanatory Memorandum suggested that the original regulations for England that contained specific conditions for stunning were withdrawn in 2014 due to concerns over,

“the potential impact on some limited aspects of religious slaughter”.

The noble Baroness has asked this question already—I promise that we did not confer—but I shall ask it anyway: what is the “potential impact”? The original recommendations include a range of conditions referring to current and frequency that research has shown reliably induce unconsciousness but do not kill the anima1. This latter is crucial to enable the stunning to be done in compliance with the requirements of halal slaughter, which requires stunning, if it is used, to be reversible—that is, recoverable—so that the animals are technically alive, though insentient, at the point at which their throat is cut.

I welcome the fact that the majority of animals subject to halal slaughter are stunned before killing. The WATOK regulations as originally drafted would enable effective but reversible stunning, which is acceptable for halal so far as I can see, so I am perplexed as to why the current WATOK regulations for England exclude these greater safeguards to ensure that poultry are effectively electrically stunned. Moreover, the lack of defined electrical parameters applies to all poultry in England. This could mean that millions of birds stunned for the non-religious market may not be as effectively stunned as possible, based on current evidence. As the noble Lord, Lord Hodgson, has pointed out, this is in contrast to the EU’s recommended requirements for all stunning, religious and otherwise; and, with respect to religious slaughter, is in contrast to the regulations adopted by Northern Ireland and Wales and de facto in Scotland. This is a gross anomaly within the UK and is difficult to understand. I would welcome an explanation from the Minister for this omission.

I stress at this point that the adopted regulations still allow religious communities the option not to stun. That is an option with which I personally do not agree, but it respects religious freedoms. As an aside, I find it of considerable concern that the number of sheep and goats killed without stunning in the UK has risen from an estimated 1.5 million in 2011 to an estimated 2 million-plus in 2013, based on the FSA’s survey of abattoirs in those two years. That is a regrettable trend that I argue is in the wrong direction for animal welfare.

In conclusion, I support the noble Lord, Lord Hodgson, in regretting the WATOK regulations relating to the electrical stunning of poultry. I contend that they are anomalous and regressive and do not enhance our national reputation for upholding animal welfare.