Leaving the EU: Live Farm Animal Exports

Lord Mackinlay of Richborough Excerpts

Monday 26th February 2018 Westminster Hall

[Craig Mackinlay (South Thanet) (Con)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I would hazard a guess that, unusually, this afternoon’s petition is probably supported by the vast majority of UK citizens. I noted that one of the areas with the greatest density of replies, as we can see from the information published by the House, was South Thanet, and for good reason. Part of South Thanet has been mentioned in the debate: the very small commercial port of Ramsgate, which is part of my constituency. It has the very dubious honour, which I want to get rid of as soon as possible, of being the only UK port through which lamb and sheep are transported across an international sea border for slaughter abroad.

If the inappropriate means of transport across the channel—up to three hours on a small, ageing Russian tank transporter called the Joline, which plied the Volga river in a previous incarnation and is now Latvian-flagged—is not bad enough, we should also be concerned about the long journey times within the UK. The sheep and lambs are often from Cumbria, meaning an eight to 10 hour trip to Kent. The onward journey, after three hours travelling across the channel, could be to somewhere as far as Germany, which would take another eight hours or more, after which they are slaughtered. We are talking about a transport time—without mentioning the problems that we have already heard about regarding veal—for lambs of 24 hours in total. Although exports through Ramsgate can be at any time of year—in winter cold or summer heat—peaks are often seen to coincide with religious festivals, notably Eid, following the end of Ramadan.

The issue of animal exports out of Ramsgate gained national focus because of a truly appalling fiasco on 12 September 2012, as has been mentioned this afternoon. A single lorry carrying more than 500 sheep was declared unfit to travel. Temporary holding pens were set up, as no official lairage was available at the port. Some 43 sheep had to be euthanised due to injury, six fell into the water, and two drowned. Breaches of animal welfare regulations were found, and appropriate fines and a suspended prison sentence were levied against the director of the transport company. Thereafter, Thanet District Council unilaterally suspended the trade through the municipally owned and run port. However, following an injunction by the shippers, the trade was forced to resume again the next month, in late October 2012.

A petition was presented to Parliament in January 2013 by the then MP Laura Sandys, calling for the permanent suspension of live exports through the port. Things then became truly weird, with protracted legal action by the shippers—action that concluded in February 2014, resulting in a claim of more than £4 million in compensation against the local council. It is a small council, so local taxpayers had to bear that cost. Live animal exports could not be prevented in what was a very telling judgment for two reasons. First, section 33 of the Harbours, Docks and Piers Clauses Act 1847 allows, in simple terms, free access to goods traffic from any UK port—an historical law that was more appropriate, I would argue, in the age of sail and steam, when navigation was more hazardous. For that reason, I sought to introduce a fairly simple amendment to the old Act via a ten-minute rule Bill in May 2016. My Bill would have allowed municipally owned and controlled ports the discretion to ban the trade. In Ramsgate, it is certainly not a trade that people want through the port, which they own.

In some ways, that Bill was a little bit of devilment, because even if it had passed at that time, it would have been deemed not in accordance with single market rules on the functioning of the EU. That was clearly highlighted in the second part of the High Court judgment, which stated that in any event, notwithstanding the 1847 Act, EU law governing the function of the single market would prevent restrictions of animal exports. I note what the hon. Member for Bristol East (Kerry McCarthy) said, but the EU interprets animals as mere “goods”. EU rules still allow the production of foie gras, the existence of veal crates, bullfighting and everything else. I do not think that EU standards are the gold plate that many people see them as.

It was encouraging to see, a couple of weeks ago—and somewhat late in the day, I might add—the Labour party publish its proposals for animal welfare. I warmly welcomed them, but they largely mirrored what we on the Conservative Benches are doing and have been talking about for some time. The Leader of the Opposition spoke today about maintaining membership of “a” or “the” customs union, and maintaining rules and standards very much in alignment with those of the EU, so that we end up in some perpetual membership of the single market. I am afraid that that was where the credibility of Labour’s position on animal welfare somewhat fell to bits in my mind. An independent country would be able to introduce the welfare standards it feels are right, but single market rules have thus far failed us on animal and farming standards.

Just a month ago, I held an event on the parliamentary estate—just next door—with representatives of key animal welfare groups, many of whom are here, and a diverse range of celebrities, including Joanna Lumley, Frederick Forsyth, Sir Ranulph Fiennes, Selina Scott and Jan Leeming. I was pleased to be supported by Conservative colleagues, but there was also support from Members of the Scottish National party—I was grateful that they were at the event. Sadly, not one Labour Member came, and I am somewhat intrigued about that. I am also somewhat intrigued about the fact that the Labour Benches are virtually devoid this afternoon.

[Kerry McCarthy]

Will the hon. Gentleman give way?

[Craig Mackinlay]

Of course—I am surprised that the hon. Lady has waited so long.

[Kerry McCarthy]

I did get an invite to that event— I think I was actually speaking at something else that afternoon—but I thought I had been sent it accidentally, because I thought it was Conservative animal welfare event, especially given some of the names that were mentioned. I did not go because I thought I had somehow accidentally got on to the hon. Gentleman’s mailing list, but he should not assume from that any lack of support for the cause.

[Craig Mackinlay]

I am sorry if there was anything in the invitation that put the hon. Lady off, but it was very much open to all, and some other parties took up the offer.

We live in changed times. We voted to leave the European Union, which means leaving the customs union and the single market and no longer being bound by the EU’s acquis in areas where we wish to diverge. That gives me great hope. We have the opportunity to advance new international trade deals, and for the first time in a generation we are free once more to do what is right and what the people of this country demand. That very much comes under the banner of taking back control, which means taking back control of animal welfare and farming standards.

I and other Members have mentioned the encouraging words in the Conservative party manifesto by the Secretary of State for Environment, Food and Rural Affairs and other agriculture Ministers. I fully supported the Live Animal Exports (Prohibitions) Bill proposed by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), and I pay tribute to the 94,000 people across the country who signed this petition. I feel that they will share my view that, post Brexit, we can have a renaissance of animal welfare standards, alongside our commitments to introduce CCTV in abattoirs and increase sentences for those who abuse animals.

I fully appreciate farmers’ concerns about the potential for increased costs, which were ably set out by my hon. Friend the Member for North Herefordshire (Bill Wiggin). He must feel like he is in “12 Angry Men”—one of my favourite films—but I am not sure he is going to win today. The increased costs resulting from the application of the standards that my hon. Friend ably set out may stop this trade in its tracks. The profit from the difference between the farm-gate cost and the price that the farmer receives when the animals are delivered to the market abroad will no longer be realised.

[Bill Wiggin]

Economic pressure is a far better way of achieving what my hon. Friend wants than legislative pressure. If it does not make economic sense, that is absolutely fine. What is wrong is that, without that potential outlet, supermarkets will simply screw down the price in the UK, and there will be nothing anybody can do. That is where the frustration comes from.

[Craig Mackinlay]

My hon. Friend made his points very well during his speech, and I was very pleased to hear them.

Let me put the size of the export market in context. Some 14.5 million sheep and lambs are slaughtered in this country each year, and a mere 40,000 are transported across the international sea border through ports such as Ramsgate in my constituency. It is a minor trade and alternatives are available. I have no intention—I say this now, but I suppose things change—of stopping my consumption of meat. I can think of nothing better than a decent Welsh or Kent salt marsh lamb, but the slaughter must be undertaken as close to where the animals are raised as possible. That means, post Brexit, having a national rethink about localising slaughterhouses. We need the Animal and Plant Health Agency to up its game on monitoring, particularly for long-distance transports within the UK. The rule that we should all be aiming for is that our meat should be provided on the hook, not on the hoof.