Domestic Animals: Welfare

Debate between Lord Benyon and Lord Trees

Thursday 13th July 2023 Lords Chamber

[Lord Benyon (Con)]

I pay tribute to my noble friend for his keen interest in this issue. He is absolutely right that the theft of a pet can have a devastating effect, not just on the welfare of the pet but on the owner. I am pleased that we intend to legislate on this during the remainder of this Parliament. Our new approach to measures that were previously in the kept animals Bill means that we can go further; we could include cats in the offence of pet abduction, which campaigners have been calling for. We recently legislated to require cat microchipping, in addition to dogs, which can provide an effective deterrent against theft. In the meantime, other recommendations from the pet theft task force are being taken forward.

[Lord Trees (CB)]

My Lords, as a nation of animal lovers we have a somewhat paradoxical attitude to animal welfare, in that some of our most popular dog breeds have such extreme physical conformations that they are predisposed to lifelong health problems. A good example—or bad example, I should say—is the so-called brachycephalic breeds, with very short noses. They suffer chronic respiratory problems, birthing difficulties and a host of other problems throughout their lives. In the light of the actions taken on health and welfare grounds by the Dutch and Norwegian Governments on the breeding of certain dogs, what is His Majesty’s Government’s assessment of the health and welfare consequences of breeding brachycephalic breeds, such as the French bulldog and pug?

[Lord Benyon (Con)]

My Lords, the Government keep abreast of issues in breeding dogs through our engagements with the sector, including with the UK Brachycephalic Working Group. The Government prohibited the licensed breeding of dogs where their genetic traits, physical characteristics or health could reasonably be expected to result in health or welfare problems for the mother or puppies. Additionally, we raise awareness of issues associated with low-welfare supply of pets through our Petfished campaign.

Animal Welfare

Debate between Lord Benyon and Lord Trees

Wednesday 7th June 2023 Lords Chamber

[Lord Trees (CB)]

My Lords, I declare my interest as co-chair of the All-Party Parliamentary Group for Animal Welfare. I congratulate the Government on the animal welfare measures to date that have been listed in the Oral Statement of 25 May. I regret the withdrawal of the kept animals Bill but I note that there is a commitment in the Statement to introduce most of its measures. I will disappoint the Minister, because I am not going to mention the shortage of vets—he is very well aware of it, as he has demonstrated. I will confine my comments and questions to the measures derived from the kept animals Bill that are present and committed to, or indeed absent.

First, I note that the Government have committed to banning primates as pets, conducting a consultation before the summer and putting forward secondary legislation this year. That is all very welcome. It is estimated that something like 1,000 to 7,000 primates are kept as pets in the UK. It is very difficult to get accurate figures. There is no doubt that primates have very complex welfare needs which generally would not be provided for in a domestic environment. The kept animals Bill proposed licensing. I am interested to hear from the Minister, notwithstanding the outcome of the consultation, whether it is likely that the Government will introduce a total ban—the word “banning” is used without conditions in the Statement—or whether they are still committed to licensing.

I note that there is a commitment to progressing new measures on livestock worrying. I would be interested to know a little more about what that might involve. Livestock worrying is a huge and growing issue. APGAW has been very concerned about it for a number of years since it published a report on the subject in 2018. A survey this year by the National Sheep Association found that 70% of its respondents had suffered at least one sheep worrying incident in the last 12 months. There are multiple instances of animals on farms either being killed outright or mortally wounded and requiring euthanasia in the last year or two. We strongly support more stringent measures against this increasing crime. I would like to hear a little more about what is envisaged.

With regard to the export of live animals for fattening and slaughter, the kept animals Bill included horses and other equine animals, along with cattle, sheep, pigs and so on. Are horses going to be included in the new measures? I raise this because there are welfare benefits of being able to slaughter horses in abattoirs, but there is only one in England that regularly takes horses. This shortage of equine abattoirs in the south of England in particular may mean that export for slaughter is a positive welfare issue if suitable abattoirs exist close to the ports across the channel—otherwise horses risk being abandoned and having a much more chronic welfare problem.

The importation of dogs in particular, as well as cats and ferrets, is another growing problem. There is a vast amount of criminally conducted smuggling and a gross abuse of the pet travel scheme. I note that the Statement suggests a ban on imports of young dogs—although it does not specify what age—heavily pregnant dogs or mutilated dogs via a single-issue Bill. All this will be extremely welcome.

As I have mentioned, puppy smuggling is occurring on an industrial scale, incentivised by the huge profits that can be made. There is very little chance of prosecutions occurring, and the sanctions are currently quite low. To give your Lordships an example of the profitability, one transporter has been estimated to traffic 6,200 puppies a year, worth an estimated £11.7 million. To bring even more dogs in, we are seeing smugglers bringing in pregnant bitches which will quite shortly produce in the UK more than one pup.

Finally, the illegal trade we are seeing is threatening the biosecurity of the UK dog population. The most recent and perhaps most serious threat has been the increasing incidence of Brucella canis infections in dogs. This is not only a serious infection in dogs but a public health hazard. In dogs, it is essentially untreatable, and the only recommended intervention is euthanasia.

Therefore, stronger enforcement is needed to get to grips with this issue, and I urge that the new measures contemplated bear that in mind. Perhaps we could use modern technology—camera imaging and so on—to detect dogs in vehicles, perhaps also using AI to read the camera results. We really need to scan every vehicle coming in if it is too impractical to make visual checks.

Nothing on zoos is mentioned in the Statement— I would be interested to hear from the Minister why they are excluded. Finally, we welcome the offence of pet abduction being used, which would recognise the emotional cost to owners of pet theft. I would welcome the Minister’s comments and answers to those questions.

[Lord Benyon (Con)]

It just so happened that while I was sitting here I received inspiration, so I am able to answer the noble Baroness’s question. The statutory instrument on keeping primates as pets will see an amendment to the Animal Welfare Act 2006, which the noble Lord, Lord Trees, mentioned. We are consulting, as is required, on the standards that we would apply, which would limit the vast majority of the cases that the noble Lord talked about, where primates are kept in improper surroundings and in improper conditions in houses. As I say, this will happen quicker than would have happened if we were taking this through as a massive piece of legislation, as originally intended.

On livestock worrying, this measure will require primary legislation, so we will consider options for legislative vehicles to take this forward. In the meantime, we will continue to work closely with the Countryside Code, which we amended recently, on ensuring messaging around keeping dogs on leads around livestock. That should remain a priority. However, as the noble Lord will know, 70% of livestock worrying cases occur when a dog is not being managed or is not with its owner—it has escaped. We should not just be working on livestock. I do not know how we legislate on this, but on “Springwatch” last year there was a very good piece about a very rare redshank’s nest that was predated on by a dog. The law is not always the best way of encouraging responsible ownership. However, it should be totally unacceptable that our rarest wildlife is being predated in this way and that livestock continues to be attacked by dogs not under control.

On the export issue, I had not considered the point the noble Lord raised about horses, but he makes a very interesting point and I will take that back to the department. There is a positive animal welfare issue there. Only one vessel works out of Folkestone that is able to transport livestock. I am not sure whether it transports horses, but I will keep in touch with the noble Lord and work with him on that.

The mutilation of puppies and puppy smuggling are revolting crimes. This is a manifesto commitment that we know has a huge amount of support among parliamentarians on all sides of the House. A single-issue Bill could give us the opportunity to put in it additional measures: for example, bans on the import of young puppies, heavily pregnant dogs and those with mutilations such as cropped ears and docked tails. Those would have been implemented through secondary legislation, which would have taken time. Under this new approach, we can bring these measures forward at the same time, which could be effective and quicker.

On dogs, cats and ferrets being imported, the measure we are bringing will allow a maximum of five per vehicle rather than five per person, which is one of the abuses we are seeing, and we are banning the imports of mutilated animals over six months old and heavily pregnant ones. We think this can be delivered through secondary legislation.

On biosecurity, the noble Lord is absolutely preaching to the choir. The horrendous example I can give is the import of animals from Afghanistan, which we were told had all been checked by a vet. However, it turned out that there were cases of Brucella canis and Leishmaniasis among them. That is a horrendous threat and risk to the domestic dog population, and we have to be absolutely clear that we are dealing with this and doing so in the best form possible as regards biosecurity.

On the Zoo Licensing Act reforms, we enjoy a close working relationship with the zoo sector and will continue to capitalise on that to identify non-legislative ways of reforming it. By the end of the year we will publish updated zoo standards, which we have developed in collaboration with the zoo sector and the UK Zoos Expert Committee to raise standards and make enforcement more effective.

On the noble Lord’s last point about pet abduction, I ran a campaign on that in my constituency when I was in the other place, when dog theft became a particular crime and, to be perfectly frank, it was not being taken seriously by the authorities. It is a vile crime because for many people the loss of their dog is much more troubling than the loss of many other possessions they have; it can have an absolutely devastating effect on the owner, and we want to make sure that criminals face the toughest sanctions possible.

Environmental Improvement Plan 2023

Debate between Lord Benyon and Lord Trees

Monday 6th February 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Lord raises an important point. First, it surprised a number of people that one of our targets on water quality was based around the release of toxic substances from old mine workings, but it had emerged that this is a serious problem in certain parts of the country. That is why we have a very clear target to deal with that difficult issue. I think the point the noble Lord is really raising is around port developments, possibly in the Tees area. This is a matter of great concern to us, and to everyone, because of the horrendous deaths of crustaceans on 70 miles of coastline in the north-east. As he knows, we have carried out a panel inquiry under the auspices of the chief scientific adviser at Defra, Professor Gideon Henderson, so some of the best people in the business are looking into this. It is of great regret that we have yet to pin down what caused this tragic occurrence in the ecosystem of the North Sea, but I assure him that all dredgings in that area—and indeed anywhere else—will be subject to the most rigorous inspections. We will do all we can to get to the bottom of what caused this, but the information we have is that there was not enough possibility of pyridine being released into the sea to cause deaths on this scale. We remain determined to find out what happened.

[Lord Trees (CB)]

My Lords, the Government have ambitious and admirable targets for tree planting, but what assessment has Defra made of our nursery capacity here in the UK to provide all the native saplings we will need in order to avoid importing trees, with the risk of importing tree pathogens? Past experience has shown us that this can negate all the benefits of reforestation.

[Lord Benyon (Con)]

The noble Lord is entirely right. We are doing all we can to increase the capacity of our native tree nursery sector to produce what is needed for the very ambitious plans we have for tree planting. Our reliance on imports in past decades has contributed to some of the diseases we have seen come our way, with tragic consequences. We are doing a lot through a variety of different grant schemes, but we are also showing that the market is there for the sector to expand. Our requirement that trees planted on public estates through public procurement have to be from Plant Healthy-registered nurseries only will encourage a great many more nurseries to go into that scheme. That will ensure that only those plants we can guarantee the health of will be sold in those public procurement contracts.

Avian Influenza: Game Birds

Debate between Lord Benyon and Lord Trees

Wednesday 18th January 2023 Lords Chamber

[Lord Benyon (Con)]

We constantly monitor that, and we understand that people will want to make decisions about the release of game birds later in the summer. We want to ensure that we are providing them with information so that they know whether to invest or not. This is a very worrying time for the industry, and we want to try to support it. People in the industry will not be able to move birds from one area to another if one of those is a protection zone. That must be the case, because we cannot allow anything that would put at risk the spread of this disease. Our information about many of those activities is that the vast majority of outbreaks in wild birds, particularly shore birds, happened before the pheasant releases last summer—that needs to be considered as well.

[Lord Trees (CB)]

My Lords, I am very grateful to the Minister for his answer on avian flu. However, putting that to one side, given that some 30 million to 45 million pheasants and some 10 million red-legged partridges are released in England and Wales every year, what assessment have His Majesty’s Government made of the effect that that might have on ecological balance, the prevalence of other pathogens and parasites, and biodiversity in the habitats which those birds share with other birds and other wildlife?

[Lord Benyon (Con)]

Some work has been done with Natural England and the British Association for Shooting and Conservation to try to assess the impact. For the vast majority of cases, the birds disperse among other wildlife in a way which does not affect it, but there may be certain areas where there is an impact. We want to learn more about that, and we are working with shooting organisations to ensure that we are getting the best possible evidence.

Genetic Technology (Precision Breeding) Bill

Debate between Lord Benyon and Lord Trees

Committee stage
Monday 12th December 2022 Lords Chamber

[Lord Benyon (Con)]

I am grateful to the noble Lord and will cover that point in a moment.

I was making a point about PRRS, but there are also developments abroad in producing cattle that are more heat tolerant and resistant to climate change. As was pointed out at Second Reading, there is potential to reduce methane emissions from cattle, which is vital for more sustainable agricultural systems.

I agree with the noble Lord, Lord Trees, that there are many examples that demonstrate the potential to bring significant health and welfare benefits to our animal populations and economic benefits to our farming industries. That is why we are looking at this down one end of the telescope. I hope I can persuade noble Lords that this a way that offers great potential, particularly in the area of animal welfare.

It is vital that we create an enabling regulatory environment to translate this research into practical, tangible benefits. This is a key objective of the Bill, and removing animals from the Bill would hinder us from realising any benefits of these technologies for animals. Ensuring that these technologies are used responsibly and enhance animal health and welfare is vital; I think we are all agreed on that. That is why we intend to take a stepwise approach in implementing the Bill, with regulatory changes to the regime for plants first, followed by that for animals. We want to make sure that the framework for animal welfare set out in the Bill is effective, and we will not bring the measures on precision breeding into effect for animals until this system is in place.

It is important we get this right, and that is why we have commissioned Scotland’s Rural College to carry out research to help us develop the application process for animal marketing authorisations. This will focus on the welfare assessment that notifiers will have to carry out to support their welfare declaration. This research will help us determine an appropriate welfare assessment for precision-bred animals and identify the evidence and information that must be submitted to the welfare advisory body along with the notifier’s welfare declaration. The research will involve experts from the Animal Welfare Committee and a wide range of organisations with expertise in animal welfare, genetics and industry practice.

As the noble Lord, Lord Trees has noted, the Bill introduces additional animal welfare standards, over and above existing animal welfare legislation. We are clear that these additional safeguards will complement our existing animal welfare regulatory framework for protecting animals. This includes the Animal Welfare Act 2006, the Welfare of Farmed Animals (England) Regulations 2007 and the Animals (Scientific Procedures) Act 1986. A suite of legislation exists. I absolutely refute the points that have been rightly raised that this can be seen as a fast passage towards higher density occupation of buildings because birds are somehow resistant to diseases caused by tight accommodation. There is already legislation that controls the densities and other animal welfare provisions. The idea that this is somehow going to allow producers to get round existing legislation is not the case, and there are additional animal welfare safeguards within the legislation.

If we want to drive investment in new research and realise the potential benefits for animals, we need to include them in the Bill. By doing so, we are providing a clear signal that the UK is the best place to conduct research and bring products to market.

I move now to the topic of limiting the scope of the Bill to certain animals. As we have already discussed, we know that there are benefits from enabling precision breeding. This technology has the potential to improve the health and welfare of animals. This applies to a range of animal species. I hope that the points I am coming to now will address the points made in the amendments and the remarks of the noble Lord, Lord Winston, the noble Baroness, Lady Bennett, and others.

The definition of animals in this Bill is broad so that the legislation remains durable for future years and to encourage beneficial research and innovation. Much of current research is on animals used in food production. We want to ensure that the potential benefits, such as improved welfare, can be realised across different species in a responsible way as research advances. This includes species that are kept only in this country as companion animals. Independent scientific advice that precision-bred organisms pose no greater risk than traditionally bred organisms applies to farm and companion animals.

To quote one example, hip dysplasia in certain breeds of dog is a devastating condition; it causes a lot of misery for the dog and its owners, and results in the dog’s early death. I do not say that there is some quick and easy path to resolving this, but there is a lot of research going on to traditionally breed out that condition. I want to see this sort of work speeded up. It seems right to include the ability to tackle these sorts of conditions in companion animals in this legislation, with adequate safeguards.

It is important to note that this is just the beginning. We intend to take a step-by-step approach with animals. We will not bring the measures set out in this Bill into effect in relation to any animal until the system to safeguard animal welfare is fully developed and operational. This system is intended to ensure that, before a vertebrate animal or its qualifying progeny can be marketed, their health and welfare will not be adversely affected by any trait that results from precision breeding. As I said, we have started by commissioning Scotland’s Rural College to conduct research that will help develop this application process.

I acknowledge the amendments tabled by noble Lords in relation to the range of animals covered in the Bill. The suggestion from the noble Lord, Lord Krebs, to pursue and build up the step-by-step approach is the right way forward. I hope that noble Lords will be reassured to know that the Bill, as currently drafted, already allows us to take this step-by-step approach through commencement regulations; for instance, by commencing the relevant provisions of the Bill in relation to some animal species before dealing with others. I hope this offers some reassurance to the noble Lord, Lord Winston. I hope that the points I have made will enable noble Lords to not press their amendments.

[Lord Trees (CB)]

On companion animals, I can understand that this is a difficult and quite controversial issue. There is an irony and a paradox—for example, around short-nosed dogs; the so-called brachycephalic breeds—and we can look at it with either a glass half full or a glass half empty approach. The irony is that, through natural, traditional breeding, we have bred animals that are deformed. Brachycephalic breeds have a markedly reduced life expectancy than breeds with long noses. They have not only problems with obstructive airway disease but delivery by Caesarean section is much more frequent, and they have ocular and skinfold problems. Genetic manipulation and editing could help reverse these trends much more quickly than might happen through traditional breeding. We need to be open minded about the potential for good, as well as the potential for less good outturns.

[Lord Benyon (Con)]

I totally agree with the noble Lord: there are opportunities here. With the balanced approach that we have taken and the step-by-step approach with which we will implement the legislation, I hope that we can quickly get to the place that the noble Lord described, where we start to reverse some of the terrible things that we have seen in traditional breeding processes. I hope that the Bill can be seen as paving the way for higher standards in animal welfare for all kinds of animals.

I am about to sit down, but I can see various noble Lords poised to step in and I am very happy to take more points.

Avian Flu

Debate between Lord Benyon and Lord Trees

Wednesday 16th November 2022 Lords Chamber

[Lord Benyon (Con)]

My noble friend is absolutely right to raise the importance of an international response to this. I assure him that there is almost daily collaboration across the devolved Governments and through international fora such as the ones I just mentioned. We are also consulting our European colleagues in the European Food Safety Authority closely; we have two officials on the panel working on this. This requires an international response. The impact it is having on our wild bird population and on domestic birds in poultry farming and other settings is tragic. We are working really hard, with a sense of real emergency, to try to find solutions, but it is a very difficult one to solve as it is now endemic in the wild bird population.

[Lord Trees (CB)]

My Lords, as we have heard, avian flu is causing devastating disease in wild birds but also in our domestic fowl population. Is the Minister aware of recent research using gene-edited chicken cells in culture, which has created cells that can resist avian influenza? Does he agree that gene editing offers great hope that in future we can control the disease, at least in domesticated birds?

[Lord Benyon (Con)]

I do agree. On Monday we will debate the Second Reading of the precision breeding Bill. It will take a number of years for the measures in that Bill to become effective, but it will undoubtedly have an impact on this kind of disease, to which we will be able to improve resistance in plant and animal species.

Avian Influenza

Debate between Lord Benyon and Lord Trees

Thursday 3rd November 2022 Lords Chamber

[Lord Benyon (Con)]

We have a devolved system of government, and the Scottish Government have this decision in their hands. They will be talking to the Scottish NFU, Scottish research establishments and other interests in Scotland while making their decision. As I said, we are consulting them on a regular basis. On my noble friend’s second point, migratory birds are the reason this disease came to this country. It is a tragedy that is very hard to control because migratory birds are coming from all over Europe and beyond, and we now have the problem that the disease is within our own wild bird population. Whereas in the past it started to flare up at this time of year and more or less ended towards the end of February, it is now established in the kinds of species that I described earlier. All we can do is monitor this and see whether we can find areas of change. This is a flu—an influenza like many others—and, after a while, these viruses diminish in their effect, and great abilities to withstand their impacts start to occur. We must hope that this happens quickly. We are all united in this House in wanting this country to fulfil its desire to see no net loss of biodiversity by 2030, although factors like this make it more difficult. Nevertheless, these species can be extremely resilient: if we can get over this, their numbers can start to recover. I assure noble Lords that we are monitoring this carefully.

[Lord Trees (CB)]

My Lords, first of all, I empathise with our farmers who are losing their flocks. It is most distressing for them, on top of the economic challenges they are facing with rising feed and energy costs. Following on from the remarks of the noble Baroness, Lady Hayman of Ullock, I ask the Minister: what support are the Government giving to the development of improved avian flu vaccines, which have deficiencies as he outlined, and to the development of tests that will differentiate vaccinated birds from naturally infected birds? With regard to trade, what discussions are we having internationally to encourage the adoption and acceptance of vacations? I will ask another question, so as not to disappoint the Minister: what steps are the Government taking to strengthen our veterinary workforce, particularly to facilitate the return of many EU vets to the UK to bolster our very hard-pressed veterinary workforce?

Pig Farming

Debate between Lord Benyon and Lord Trees

Thursday 16th June 2022 Lords Chamber

[Lord Benyon (Con)]

I was at the launch of that report yesterday. I read it and it has been received by the department.

[Lord Trees (CB)]

Can the Minister reassure us that the Government will reinstate sanitary checks on animal products from the EU?

[Lord Benyon (Con)]

Already, the 180 extra inspectors are doing that. We have built our BCPs and will be occupying them in the coming months.

Zoonoses Research Centre

Debate between Lord Benyon and Lord Trees

Tuesday 24th May 2022 Lords Chamber

[Lord Trees]

To ask Her Majesty’s Government, further to the Prime Minister’s address to the United Nations General Assembly on 26 September 2020 in which he called for the creation of “a global network of zoonotic research hubs”, what progress they have made towards establishing a zoonoses research centre in the United Kingdom.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the Government are committed to developing the scientific capability needed to protect the UK from zoonotic pathogens as part of the vision for a global network set out by the Prime Minister. In support of this, we are investing in new technologies, such as whole genome sequencing, and supporting our zoonotic and emerging disease research programmes. We also engage international partners on multilateral initiatives that support global health security and surveillance through one-health approaches.

--- Later in debate ---

[Lord Trees (CB)]

I thank the noble Lord for his Answer and acknowledge what is being done, but is it enough? A critical issue here is the animal-human interface. Past and present emerging human infections which have spilled over from animals to humans include HIV, SARS, MERS, Ebola, various influenzas, Covid-19 and monkeypox. Does the Minister agree that scaling up UK research in a virtual national zoonoses centre with global reach and a one-health approach will not only fulfil the Prime Minister’s pledge but be a significant demonstration of the UK’s commitment to aid the global effort to limit and prevent future pandemics?

[Lord Benyon (Con)]

The noble Lord is absolutely right. This is a major threat and was identified as such in the integrated review. We are corralling expertise within government, academia and the private sector, and our priorities are around genomics research, vector-borne disease research and projects to improve the use of surveillance. We think this is the best way that we can abide by not only the Prime Minister’s commitment but the leadership Britain has given in the G7 and G20 to make sure we have a global response to these threats.

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

Debate between Lord Benyon and Lord Trees

Tuesday 17th May 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, these regulations were laid before the House on 30 March 2022. Their purpose is to protect domestic food safety and biosecurity and to support trade by bringing the process for amending country-specific import conditions for non-EU trading partners in line with those already in place for EU and European Free Trade Association states.

The instrument makes technical and operable amendments to several pieces of retained EU law relating to GB food safety and biosecurity in order to remedy operational deficiencies arising from EU exit. It does not constitute a change in policy. These amendments will enable the Secretary of State—with the consent of Scottish and Welsh Ministers—rapidly to change country-specific import conditions in response to biosecurity or food safety risks in trading partners who have already been approved by this Parliament to export animals and animal products to Great Britain.

The amendments made by this instrument are necessary for two significant reasons. First, trading partners must comply with country-specific import conditions found in retained EU law. Regular changes to these conditions are required to respond to changes in risk. Amendments to retained EU law are currently made by statutory instrument. This means that, even when a negative procedure is used and the 21-day rule is breached, there is a significant gap between the identification of risk and the legal implementation of import controls. Both trade bodies and trading partners have raised concerns about the lack of responsiveness of the current legislative mechanism. By facilitating a move towards amendment by administrative procedure, this instrument will enable changes to be made much more quickly, thereby reducing the risk of exotic disease incursions into the UK.

Secondly, the instrument will also ensure that the United Kingdom meets its international obligations and treats all trading partners equally. The current situation allows country-specific import conditions for EU and EFTA states to be managed administratively but requires legislative amendments for all other trading partners. This discrepancy leaves us at risk of challenge at the World Trade Organization. Similarly, as timely amendments to country-specific import conditions are also necessary to meet trade agreement obligations, our current inability to make rapid changes for non-EU trading partners leaves us at risk of both legal challenge and of retaliatory action against exports from Great Britain by affected trading partners. This instrument will reduce these risks by establishing a uniform approach for all trading partners. It will also help to facilitate trade and agreement on future trade deals by assuring trading partners that we are capable of applying and lifting restrictions effectively and without undue delay.

Having outlined why this instrument is necessary, I want to address the concerns that the Secondary Legislation Scrutiny Committee has raised in regard to the loss of parliamentary scrutiny for changes to import conditions. I appreciate and fully understand such concerns. However, I emphasise that this instrument has been drafted in such a way as to ensure that as much parliamentary oversight as possible is retained. Its amendments remove a specific and very limited number of import conditions from legislation. Other import information, including that relating to country and commodity approvals, is unaffected by this instrument. Crucially, the approval and/or delisting of countries and commodities will continue to require secondary legislation in the form of a statutory instrument. It will, therefore, remain subject to parliamentary scrutiny. In other words, this instrument cannot be used to approve the import of, for example, chlorinated chicken or hormone treated beef, nor to lower food safety or animal health import standards in any other way.

The powers delegated in this instrument will instead be used to apply, lift and change country-specific import conditions in response to changes in risk in approved trading partners. The instrument stipulates that all such decisions must be informed by assessments of risk, taking into account specified animal and public health criteria and other relevant matters, requirements that have been retained directly from EU law. Assessments will be carried out or co-ordinated by veterinary experts in Defra and will be subject to approval from the animal disease policy group—a senior government body that brings together experts from across government. Furthermore, the legal implementation of any changes by the Defra Secretary of State will be, as it is now, subject to agreement by the Welsh and Scottish Governments, thereby providing a further layer of scrutiny.

To conclude, I state that the instrument covers England, Scotland and Wales, and that the devolved Administrations in Scotland and Wales have both formally consented to it. I beg to move.

[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?

Animal Welfare (Sentience) Bill [HL]

Debate between Lord Benyon and Lord Trees

Consideration of Commons amendments
Thursday 7th April 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I beg to move that this House do agree with the Commons in their Amendments 1 and 2. Amendment 1 would require any recommendations produced by the animal sentience committee to respect

“religious rites, cultural traditions and regional heritage”.

We have carefully considered representations made by noble Lords in debate on a similar amendment, tabled by my noble friend Lord Forsyth of Drumlean. Honourable Members in the other place raised many of the same concerns. We recognise the strength of feeling in both Houses. We have listened, and we have accepted the amendment.

The Government have always sought to create a targeted, balanced and proportionate accountability mechanism within this Bill. We want the animal sentience committee to be led by science and to comprise members who are experts in sentience and animal welfare. Religious rites, cultural traditions and regional heritage will be neither their area of expertise nor their focus. This is a role for Ministers. We expect the committee to respect provisions and customs relating to these areas when they make recommendations under Clause 2(3) of the Bill.

We have always been clear that it is not the role of the committee to make value judgments about policy or to provide recommendations that do not reflect its expertise or its remit. This amendment will provide additional reassurance on this point. I hope that noble Lords will be content to accept it. I beg to move.

[Lord Trees (CB)]

My Lords, I first declare my interest as in the register. I am co-chair of the All-Party Parliamentary Group for Animal Welfare. I thank the Minister for useful discussions during the passage of this Bill, and I hope that he is a very happy grandfather this afternoon.

I accept these amendments, particularly Amendment 1, but, as a vet and a veterinary scientist, I have to say that I do not condone some of the activities covered under the amendment in terms of,

“religious rites, cultural traditions and historical heritage.”

Some of those activities are not consistent with best practice in animal welfare science or indeed regulation, and I will take this opportunity to make a plea to those directly involved to consider very carefully and to reflect on whether practices which had some historical relevance in ancient times are relevant, necessary or at all acceptable in the 21st century. Having said that, I respect national and international laws pertaining to freedoms—in particular, Article 9 of the Human Rights Act on religious freedoms.

I will make one further point. During prolonged discussions about the Bill in this House, a number of noble Lords raised the potential threat to the use of animals in medical research. That was a fair concern, but one which could be countered—I spoke to that effect, as did others at the time—by the fact that the rigorous application and implementation of our Animal (Scientific Procedures) Act 1986 was a sufficient response to the requirement for government departments to have due regard to animal welfare and the development of policies. We have thorough, world-leading regulations around the controlled use of animals in medical research.

Recently, it has come to my notice that there are changes afoot in the Home Office with regard to the implementation of the Animal (Scientific Procedures) Act. It is not yet clear to me what the effect of those changes might be on the welfare protection of animals used in medical research. I urge Her Majesty’s Government to ensure that any changes with regard to the implementation of the law pertaining to the use of animals in medical research should not weaken—or be perceived to weaken—that regulation, which could lead to increased legal challenge to the use of animals in medical research when the Bill becomes an Act. I support the amendment.

Veterinary Personnel

Debate between Lord Benyon and Lord Trees

Wednesday 23rd March 2022 Lords Chamber

[Lord Benyon (Con)]

There are a lot of different veterinary roles besides general practice—we have to have official veterinarians as part of our products of animal origin process, and in abattoirs. Working with the royal college, we have changed the required language standard, which has resulted in more coming in. We have successfully negotiated with the Home Office to get this profession listed as a shortage profession, which has brought more in. We are also consulting and working in a whole range of ways to get more veterinarians working in this country.

[Lord Trees (CB)]

My Lords, the reasons for the current shortage of vets are complex, but involve the three Rs—recruitment, retention and, particularly, encouraging returners back to work after career breaks. With reference to recruitment to veterinary schools, nearly one-quarter of veterinary graduates produced by UK vet schools are actually overseas students, mainly Americans, who are unlikely to devote their careers to strengthening the UK workforce but whose high overseas fees are essential to make up for the underfunding of the UK student core grant. Will the Minister press the Government to raise the core funding for band A veterinary students in the UK, which would displace the need to take overseas students and immediately increase very substantially the number of UK students undergoing veterinary training in our universities?

[Lord Benyon (Con)]

We should all be very grateful to the noble Lord for his involvement in creating the new courses across a number of different universities. I shall certainly take his suggestion away and make sure that, across government, there is an understanding of the very real need to get more veterinary surgeons in this country trained in our universities and functioning in our veterinary profession.

Microchipping of Dogs (England) (Amendment) Regulations 2022

Debate between Lord Benyon and Lord Trees

Tuesday 25th January 2022 Grand Committee

[Lord Benyon (Con)]

That is a very good point. It was raised by the noble Lord, Lord Trees, and is very much in my mind as we tackle a range of new diseases coming to this country, particularly, unfortunately, with the recent importation of dogs from Afghanistan. We were told that these dogs were healthy, but it turned out that a number of them had very serious diseases, including Brucella canis, which we really want to keep out of this country.

We are constantly alert to the need for new disease provisions. Our biosecurity in this country is fundamental. Our new border control posts, particularly on the short straits, will soon come online, and this will be an opportunity to work with Border Force to make sure that we identify where risks occur. The rules on the importation of animals, particularly to tackle the scourge of puppy farming and the bringing in of large numbers of dogs for illegal trade in this country, are one of the provisions of the Animal Welfare (Kept Animals) Bill that we want to see brought online.

[Lord Trees (CB)]

I am grateful to hear that there will perhaps be codes of practice for the database operators. With regard to whether they are doing what they are meant to do, I specifically asked how many times the Secretary of State has served a notice on them to check that they are doing what they are meant to be doing. Perhaps the noble Lord can answer that question.

[Lord Benyon (Con)]

I am not aware of that, although I might just have received some inspiration. No, I have not. If the noble Lord will allow me, I will drop him a line.

I am not sure of the exact nature of the page on the government website and what guidance it gives dog owners, but I will check and give my noble friend any information I can.

With that, I hope that I have covered all the points raised.

Pesticides: Thiamethoxam

Debate between Lord Benyon and Lord Trees

Thursday 20th January 2022 Lords Chamber

[Lord Benyon (Con)]

We provide advice to beekeepers and work with trade bodies and organisations across the country, whether urban or rural. I take this opportunity to applaud the work of the London Pollinator Project, which, as the noble Baroness identified, is of enormous benefit to pollinators in urban areas. It is not just urban gardens; it can be in quite highly built-up urban areas.

[Lord Trees (CB)]

Does the noble Lord agree that plant breeding, facilitated by the novel gene editing technologies that are available now, is the progressive way to avoid chemical pesticide use?

[Lord Benyon (Con)]

The noble Lord is absolutely right. A lot of work is being done in organisations across the country—Rothamsted has been mentioned, but also the Roslin Institute and others in Scotland and England—where we are seeing the possibility of great advances, not through GMOs but through using and perhaps accelerating existing plant breeding techniques that will make these kinds of conversations seem very out of date.

Future Farming Programme: Small Farms

Debate between Lord Benyon and Lord Trees

Thursday 9th December 2021 Lords Chamber

[Lord Benyon (Con)]

I am grateful to my noble friend. We are working really hard to resolve some issues that predate the changes that we are making. Countryside Stewardship, for example, has had this difficulty with tree planting and possible wetland creation. We want to make sure that we are getting the money to the active occupiers of the land. We are working with the Tenant Farmers Association where we believe that there may still be issues relating to some aspects of the agreements. We are very keen to keep my noble friend and other Members of the House informed of those discussions.

[Lord Trees (CB)]

My Lords, in the last 10 years, we have lost something like one-third of small abattoirs, and yet these are very valuable to the rural economy. They improve animal welfare by shortening journey times to slaughter, and, importantly, they aid livestock farmers to be financially self-sustainable by allowing local killing and processing, allowing them to add value and produce food of good provenance, good quality and low food miles. What plans do the Government have to support small abattoirs and prevent further loss of this important aspect of rural infrastructure?

[Lord Benyon (Con)]

The noble Lord is absolutely right to raise this. At Defra, we chair the small abattoirs working group, which brings together industry representatives. I recently visited a project that is, in part, supported by government funding and which seeks to create mobile abattoirs, which we think could be particularly valuable in certain areas. We continue to find other ways of trying to support this vital sector to shorten food miles and improve farm animals’ access to properly run abattoirs, and I will keep the noble Lord in touch with our progress.

Animal Welfare (Sentience) Bill [HL]

Debate between Lord Benyon and Lord Trees

Report stage & Lords Hansard - part one
Monday 6th December 2021 Lords Chamber

[Lord Benyon (Con)]

I am grateful to my noble friend. I will not detain the House by repeating the paragraphs I have put on record in relation to the prioritising policies that the committee will look at. That will be for the current Government and the policies they are currently pursuing, and it will fulfil the committee’s statutory function under Clause 3. I went on to say—I hope this was clear—that the committee would not be doing its job properly if it sought to rake over old coals and reignite past policy issues that are now closed. My noble friend and noble Lords will know that words said by Ministers at the Dispatch Box hold sway when people try to interpret legislation. I hope I have been as clear as I possibly can be about the remit of this committee and the kinds of priorities it will look at. I hope that has reassured my noble friend.

[Lord Trees (CB)]

My Lords, I thank everybody who has contributed to this short debate, and I thank the Minister for his answers. I note the concerns expressed by the noble Baroness, Lady Mallalieu, which I and many others, I think, share, about the time, expense and bureaucracy that may be entailed in the legislation having retrospective force. I would still, however, say to the noble Baroness, Lady Hayman of Ullock, that I do not see why the animal sentience committee cannot look at current legislation and policy and comment on it. It is a statutory committee. I have huge respect for the noble Baroness, Lady Fookes, and her passion for animal welfare, which I share, but I think that she said it was an advisory committee. The committee is statutory. It is a very powerful committee and is there to hold the Government to account, which is why more detail about its remit could usefully appear in the Bill. I respect the explanation by the noble Lord that the terms of reference are very clear about this, that and the other, but as I recall the committee itself can alter its terms of reference, because they are not made explicit in the Bill.

This issue of process is cardinal, and I hope it does not come back to bite us all. Having said that, I am not one to make futile gestures; I appreciate that the Opposition are not supporting amendments and that there is a strong government Whip. I support the essence of this Bill in toto, but one wishes to make constructive suggestions that might improve it. I very much appreciate the kind remarks of the noble Lord, Lord Cormack. With that, however, I beg leave to withdraw the amendment.

Water: Sewage

Debate between Lord Benyon and Lord Trees

Wednesday 1st December 2021 Lords Chamber

[Lord Benyon (Con)]

The Storm Overflows Taskforce is considering wet wipes because they can be a contributing factor, as my noble friend so rightly says, to the overflows at treatment works. Defra has announced a call for evidence, which will explore a possible ban on single-use wet wipes containing plastic. We will be looking closely at the Private Member’s Bill to see whether the Government and the Member of Parliament concerned can work together on this.

[Lord Trees (CB)]

My Lords, the discharge of sewage contaminates the environment both with potentially pathogenic bacteria and with antibiotic-resistant bacteria, and, indeed, with antibiotics. This all contributes to a reservoir of potential infection for humans and animals, and to the further evolution of antibiotic resistance. While the UK Government’s national action plan on antimicrobial resistance recognises this, there is no mandatory surveillance required for antibiotics or antibiotic resistance in aquatic environments. Can the Minister tell the House if and when such mandatory monitoring will be instigated to provide evidence-based mitigation measures?

[Lord Benyon (Con)]

The noble Lord raises a really important point. The Government are looking at this right across the piece as a “one health” approach across human and animal health, food and the environment. We have set up a project called Pathogen Surveillance in Agriculture, Food and the Environment, which brings together a number of agencies and departments. It contains a workstream focused on AMR prevalence in two river catchments. This work will strengthen our understanding. We are also working with the Environment Agency and the water company chemical investigations programme to make sure that we are all pulling in the same direction to tackle this very important matter.

Culling of Pigs

Debate between Lord Benyon and Lord Trees

Thursday 14th October 2021 Lords Chamber

[Lord Benyon (Con)]

It is really important that we address the worker shortage right across the supply chain. The Agriculture Act allows us to intervene where we feel that retailers or any part in the supply chain are acting unfairly. This is another area we are looking at. It is important that we have the right people working in abattoirs, and indeed the processing industry, and that they are well rewarded for doing so. This is a vibrant marketplace for a type of meat that people want to eat and, as I say, it is suffering from a perfect storm of three or four different issues. We are trying to resolve this, including the very important point the noble Lord raised.

[Lord Trees (CB)]

My Lords, the presence of official veterinarians is essential for the proper working of abattoirs. Historically, approximately 95% of our official veterinarians have come from outwith the UK, mainly from the EU. To what extent are our current problems in meat processing plants due to a shortage of official veterinarians, and what are Her Majesty’s Government doing to avert such a shortage now or in the future?

[Lord Benyon (Con)]

The noble Lord is very experienced in this field, and he was himself involved in the development of a new veterinary school with Harper Adams. That is just part of what this Government are doing to increase capacity in this sector. I talk almost daily with the FSA on this and related issues. It has not specifically raised the issue of a shortage of official vets in the abattoir sector. Nevertheless, as we get through the Covid crisis and the impact it has had on overseas workers, it is important that we address this sector as well.

Animal Welfare (Sentience) Bill [HL]

Debate between Lord Benyon and Lord Trees

Committee stage
Tuesday 6th July 2021 Grand Committee

[Lord Benyon (Con)]

I am grateful to my noble friend and absolutely defer to him as someone with long experience of legislation, good and bad. I am sorry if saying “Nothing to fear” caused him fear. I was seeking to remind the Committee that we are not talking about something that creates policy; rather, it can inform policymakers. There are a whole host of issues in the minds of Ministers when they formulate new legislation. The Bill allows them to take all of them into consideration and, if needs be, put to one side the concerns of the committee because, weighing them against other matters, they can take a different path.

That is really important. It is fundamental to the Bill. We are trying to reflect what the wider public are concerned about, which is an improved climate of animal welfare in decision-making. We think that what we have brought forward is proportionate. I can debate the content of the committee, its size and wider remit with noble Lords at leisure. I am sure my noble friend agrees that we do not want a committee that is too big or full of sectoral interests, or of one particular interest over another. We want a committee that has expertise and is not trying to carry out some political campaign or is weighted too much in one direction or another. It will be balanced, expert, the right size and properly resourced.

[Lord Trees (CB)]

I will just comment on Amendment 19 and, I hope, give some assurance. Many noble Lords have commented on the concerns that medical research will be impacted by this Bill, and the amendment of the noble Lord, Lord Moylan, speaks to that. I share that concern, but would like to assuage some of it as a vet, a veterinary scientist and a former holder of a licence from the Home Office to conduct research involving animals for medical and veterinary purposes.

I can assure the Committee that medical research is not threatened by the Bill. The function of the animal sentience committee is to ensure that due regard has been paid to animal welfare. The unambiguous answer is in the affirmative. Parliament passed the Animal (Scientific Procedures) Act in 1986, which requires all individuals undertaking veterinary research and their premises to be licensed and the projects, most importantly, to be individually scrutinised and licensed. That scrutiny essentially involves an assessment of the benefit-cost ratio of animal welfare harmed in the conduct of that research versus animal welfare benefits as a consequence of it. That due scrutiny is conducted and would satisfy any particular challenge from an animal sentience committee.

[Lord Benyon (Con)]

I am grateful to the noble Lord for that clarity and entirely endorse what he says.

Livestock Feed: Processed Animal Protein

Debate between Lord Benyon and Lord Trees

Tuesday 6th July 2021 Lords Chamber

[Lord Benyon (Con)]

I understand the point that the noble Lord makes. The truth is that products will be coming from around the world—from the EU and beyond—into supermarkets in Northern Ireland and the rest of the United Kingdom, as they are this very day. They will be up to a particular standard, and will not be ruminant to ruminant, so in that respect, Northern Ireland will be no different from the rest of the United Kingdom. But I recognise the democratic point the noble Lord makes; that is the issue of the Northern Ireland protocol which, if he will forgive me, I will not go into today.

[Lord Trees (CB)]

My Lords, based on scientific evidence, the EU proposals allowing certain processed animal protein, including insect protein, to be used in some livestock feeds—not for ruminants, I stress—appear safe and economically beneficial. What encouragement are Her Majesty’s Government giving to the development and use of insect protein as a replacement for soya in animal feed in this country?

[Lord Benyon (Con)]

The potential use of insect protein is an attractive concept, along with other potential changes to livestock feed controls. They will require careful consideration, assessment of the scientific evidence and, of course, consultation. Before taking any policy decisions, officials will obtain advice from government scientists and the Advisory Committee on Dangerous Pathogens regarding any potential risk to human or animal health. As part of the assessment, we will look at the environmental impact of any changes on current imports of protein, such as soya, and our current exports of animal proteins not used in Great Britain.