Animals (Scientific Procedures) Act 1986 (Amendment) Regulations 2026 Debate
Full Debate: Read Full DebateLord Davies of Gower
Main Page: Lord Davies of Gower (Conservative - Life peer)Department Debates - View all Lord Davies of Gower's debates with the Home Office
(1 month, 2 weeks ago)
Grand CommitteeMy Lords, I am grateful to the Minister for introducing these regulations. I am pleased to say from the outset that these Benches are broadly supportive of what the Government are seeking to achieve, and I am grateful to all noble Lords who have contributed.
The Animals (Scientific Procedures) Act 1986 is rightly regarded as a cornerstone of the UK’s world-leading regulatory framework for the use of animals in science. It embodies the principles of replacement, reduction and refinement—the three Rs—and has for 40 years provided a rigorous harm/benefit frame- work that commands respect both domestically and internationally. These regulations do nothing to diminish that framework.
In essence, this instrument tidies the house. It restates, revokes and replaces assimilated law—the legacy EU provisions that were absorbed into our statute book following Brexit—and consolidates them properly and coherently into the Animals (Scientific Procedures) Act 1986. The Explanatory Memorandum is candid about this being a technical continuity measure. No new burdens are placed on licence holders, and no new regulatory requirements are introduced. I think that is the right approach, and I commend the Home Office for bringing it forward. I also note that Northern Ireland has been properly engaged: legislative consent was obtained and no objections were raised. That matters, given that the regulation of animals used in science is a devolved matter. I am glad that the Government have handled it appropriately.
However, there is one question that I must put to the Minister because it goes to the very foundation of the legal authority underpinning this instrument. The matter has already been alluded to by my noble friend Lady McIntosh of Pickering. The regulations are made under Sections 12 and 14 of the Retained EU Law (Revocation and Reform) Act 2023. The Explanatory Memorandum itself acknowledges, at paragraph 6.8, that any regulation made under those powers
“must be made by no later than 23 June 2026”.
That deadline is now a matter of days away. Can the Minister confirm what will happen after 23 June, should further technical consolidation of assimilated law in this area be required, whether by way of correction, clarification or updating the powers in Sections 12 and 14, which will no longer be available? The only route would be primary legislation, which, as the memorandum itself observes, is a considerably more burdensome vehicle for what may in some cases be very minor adjustments. Will the Government set out how they intend to address that gap? Are there further instruments in this area still in preparation that need to be made before the deadline falls?
I am satisfied that this instrument is legally sound and practically sensible. We support it, but I look forward to the Minister’s reassurance on the question of what comes next.
I am grateful for the detailed questions and contributions that have been made. I welcome back my noble friend Lord Stansgate following his short interregnum in parliamentary life. Having myself been subject, at one point, to a short interregnum—slightly longer than his—I know that it is certainly a gap that is felt personally, but I am pleased to see him back in his place today.
I welcome the support, in broad terms, from the noble Lord, Lord Davies of Gower. The central point, which I hope reassures the noble Baronesses, Lady Redfern and Lady McIntosh, is that these regulations do not weaken the safeguards for the use of animals in science. The Animals (Scientific Procedures) Act 1986 is the cornerstone of the UK system. These regulations make simple technical amendments for restating, revoking and replacing the retained EU provisions so that the legislation continues to operate effectively in domestic law.
I reassure noble Lords that the measures do not reduce welfare standards, create new permissions for animal use or remove existing safeguards, and animal use may still be authorised only where there is no viable alternative and following rigorous independent scrutiny. I say that at the beginning of my comments because it goes to the point made by the noble Baronesses, Lady Redfern and Lady Grender, about the future direction of travel. In the document produced in conjunction with the noble Lord, Lord Vallance, in DSIT, and the noble Baroness, Lady Hayman, in Defra, we set out, as a manifesto commitment, the direction of travel and a road map to reduce the use of animals in science and, ultimately, to set out further downstream how we can end it altogether, if possible, which is a very big challenge. As my noble friend Lord Stansgate said, there are still some areas where it makes a valuable contribution to medical research. We intend to attempt to meet the 35% reduction target mentioned by the noble Baroness, Lady McIntosh. That is a joint effort between DSIT and Defra. We have put in £75 million, and the Home Office has oversight of that regulation.
A number of points were made around the Brexit reset Bill. I am afraid I cannot comment in detail on the content of that Bill. What we are trying to do is to give statutory footing to the existing procedures to date. I will look at the points that the noble Lord, Lord Davies, made with regard to 23 June, but my understanding is that we have brought all the changes forward to ensure that this is now in UK domestic legislation without ties to the EU, and that this instrument covers all the necessary requirements. I will check that, because it is important that we do so, but that is my understanding of the situation to date.
In response to my noble friend Lord Stansgate, who mentioned a number of points, Section 3 of the code will be republished and we will seek to update the section that he mentioned. I have commissioned the ASC to look into how we deliver leading best practice for animals in science. Again, that goes to the heart of the points that the noble Baroness, Lady Grender, made from the Front Bench.
Regulatory oversight remains the responsibility of the Animals in Science Regulation Unit, which operates under regulatory principles that include proportionality, transparency and accountability. Related to points made in the debate, if there are instances of non-compliance, the regulator retains a wide range of enforcement powers, from advice and licence variation through to suspension, revocation and, in the most serious cases, referral for prosecution. Nothing in the regulations changes that. Enforcement decisions are evidence-based and risk-informed. The aim of the instrument and the work that we are doing is to secure the best outcomes for animal welfare and ensure that the regulatory framework operates proportionately and effectively while driving continuous improvement.
The noble Baroness, Lady Grender, also mentioned Herbie’s law. I understand the interest and concern around developing a proposed framework for replacing animals in medical research by 2035. We tried not to set arbitrary deadlines in our document as they could prove undeliverable. Instead, we have set out a science-based approach that provides clear timelines for specific deliverable actions as evidence and capability are developed. I hope I can reassure the noble Baroness that the Government’s new strategy sets out a long-term vision for a world where the use of animals in science is eliminated except in exceptional circumstances, and even those might be areas where we can push forward as medicine and science develop. However, it is not yet possible to replace all animal use, given the complexity of whole biological systems.
However, I assure her and those supporters of Herbie’s law that the Government are clear that progress must be led by science. Progress must be made, but in a way that does not lose the benefits that my noble friend mentioned. We are all living healthier lives today because of the outcomes of research and investment, however difficult and challenging this is at certain points in time.
I hope I have answered all the points in front of the Committee today. Those that need further investigation I will respond to in due course. If there are no further comments, I commend this SI to the Committee.
On that 23 June issue, once the Minister has ascertained what the situation is, could he write, letting me know?
I certainly can but, again, my understanding is that the instrument before us today covers all necessary requirements. We have brought forward all the changes needed to ensure that UK domestic legislation is correct without ties to EU law and that the 23 June deadline is, effectively, met by these regulations. I will reflect on that. I cannot give details of the Brexit Bill. It has not been published yet so it is not appropriate to do so. I will reflect on what the noble Lord said and, if there is further information to add, I will write to him. If any noble Lord wishes to have that correspondence, can they please contact my office?