Animal Welfare (Livestock Exports) Bill

Lord de Clifford Excerpts

Committee stage
Thursday 14th March 2024 Grand Committee

Moved by

[Lord de Clifford]

1: After Clause 1, insert the following new Clause—
“Regulations about extension to list of relevant livestock(1) An appropriate national authority may by regulations extend the list of “relevant livestock” in section 1(4).(2) Appropriate national authority in relation to the power under subsection (1), means—(a) the Secretary of State;(b) the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;(c) the Welsh Ministers, so far as provision made by the regulations would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru.(3) The Secretary of State may not make a statutory instrument containing regulations under subsection (1) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(4) The Welsh Ministers may not make a statutory instrument containing regulations under subsection (1) unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(5) Regulations made by the Scottish Ministers under subsection (1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).”Member's explanatory statement
This amendment would allow the appropriate national authority to extend, by statutory instrument subject to the affirmative procedure, the list of livestock species which may not be exported for slaughter.

[Lord de Clifford (CB)]

I have tabled this amendment with the support of the noble Baroness, Lady Hayman of Ullock, as an opportunity to improve the Bill and future-proof it for the benefit of all animals and animal welfare. This Bill is welcomed by all in the Committee, I believe, and we wish to see it on the statute book as soon as possible.

The basis of the Bill is to prevent the restart of the cruel and unnecessary trade in animal exports for slaughter and fattening. The Bill has identified in Clause 1(4) the relevant livestock. These animals have, without doubt, made up the majority of the trade and have suffered the most over many years. The Bill will have less impact on farming income and reduced opportunities than it would have done before Brexit, because this trade has almost stopped over the past few years. The Bill will stop the restarting of this trade and, in effect, is a safety net to stop the named animals having to go through this ordeal in future.

The question is why the Bill does not cover all animals. The Minister tried to address why other species have not been included in the Bill when summing up at the end of Second Reading, saying that two animal charities, Compassion in World Farming and the RSPCA, said that the Bill covered the relevant species to end this unnecessary trade. I noted that a similar amendment was tabled in the other place. In response to that proposed amendment, Compassion in World Farming said that it was not aware of any alpacas or deer being exported for slaughter. The RSPCA said that only sheep, calves and horses had been exported from Britain for slaughter in the past 10 years. If the RSPCA is correct in its comments, mature cattle have not been exported for slaughter and fattening over the past few years, but they have been included in the Bill. As I understand it, a possible trade in mature cattle was foreseen by Defra, and so, to act as a safety net, Defra included all cattle on the relevant livestock list so that the trade could not take place.

I believe that this amendment would only enhance the Bill, as it would act as a safety net for all animals in Great Britain not currently included in the Bill. I acknowledge and welcome the support for this legislation from the devolved Administrations in Wales and Scotland. I thank the noble Baroness, Lady Young of Old Scone, for her suggestion at Second Reading that the Secretary of State should have the power via secondary legislation to extend the list of relevant livestock to the Bill in Clause 1(4), so that if an export trade for slaughter in alpacas, deer, rabbits or other species was to be developed in future, relatively speedy action could be taken to stop that new trade via statutory instrument after consultation with the farming and veterinary industry and animal welfare charities, so that certain animals would be prevented from enduring this unnecessary journey.

Surely one of the functions of government is not only to look at the past and create legislation to improve society, and in this case animal welfare, but to look to the future to ensure that any changes in society or opportunities that people create cannot inflict similar issues to the ones that have already been banned—in this case, the suffering and cruelty of the livestock not currently included in the Bill.

Can the Minister and his advisers in Defra explain to someone new to the legislation process what the barriers are, and the possible repercussions of not including other species on the relevant livestock list, and possibly to not accepting this amendment, that we noble Lords have not foreseen? I hope that the Government can find time to include this amendment and that it does not slow up the implementation of this important and welcome Bill. I beg to move.

[Baroness Fookes (Con)]

My Lords, I warmly support this amendment and I doubt whether any remarks by my noble friend the Minister will convince me otherwise. I suspect the main reason that it is not in the Bill is that they have taken so long to bring it forward that they are now worried about any changes to it which might prevent the whole thing going through, for reasons I need not dwell on. But it is a serious mistake. No one can foresee what might be wanted for the export trade in the future. Therefore, this seems a sensible proviso against future problems. For that reason, I warmly support it.

--- Later in debate ---

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

My Lords, I am grateful to the noble Lord, Lord de Clifford, my noble friend Lady Fookes and the noble Baronesses, Lady Bakewell and Lady Hayman, for their interest in this Bill and for seeking to ensure that the ban on live exports for slaughter is comprehensive.

This is indeed an important question, which we carefully considered when developing this legislation. We consulted on the ban on live exports in 2020 and received over 11,000 responses. I reassure noble Lords that we received no evidence then, and have received none since, that a ban on any other species was necessary. The definition of “relevant livestock” covers all species for which there has been a significant slaughter export trade. In the 10 years prior to EU exit, the live export trade for slaughter and fattening mainly involved sheep and unweaned calves.

Several noble Lords noted in our earlier discussions that poultry is not within the scope of the Bill. We have had no exports of poultry for slaughter in recent years.

Noble Lords have also discussed this amendment in the context of alpacas, llamas and deer. The 2021 June agriculture census reported records of around 45,000 farmed deer, 12,000 alpacas and 1,000 llamas kept in the UK. These numbers are extremely low compared to the numbers of animals for which a significant slaughter export trade has existed in the past; for example, around 33 million sheep and 10 million cattle are kept in the UK.

Deer, llamas and alpacas are kept for a range of reasons, such as for venison and for alpaca fleece. We have no evidence of any of these species being exported for slaughter or fattening from Great Britain to the EU, nor, indeed, that there is any demand for a trade in live exports from the EU or elsewhere. As the noble Lord, Lord de Clifford, pointed out, Compassion in World Farming, an organisation that has campaigned to ban live exports for 50 years, has said that it is

“not aware of any alpacas, llamas or deer being exported for slaughter”.

The RSPCA has also said that

“only sheep, calves and horses have been exported from Britain for slaughter in the last 10 years”.

I understand the noble Lord’s desire to ensure that the ban will apply to all relevant animals, both now and in future. However, when considering the data that we have on the past slaughter export trade, I firmly believe that the current definition of “relevant livestock” is already sufficiently comprehensive. I therefore ask the noble Lord to withdraw his amendment.

[Lord de Clifford (CB)]

I thank the noble Baronesses, Lady Fookes, Lady Bakewell and Lady Hayman, for their support for my amendment and for seeing the practical side of why we should have this amendment in place. I also thank the Minister for his detailed response, as ever, although I am disappointed that I have been asked to withdraw my amendment; it is practical and would safeguard those other species for the future. I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Baroness, Lady Hayman of Ullock, has raised the issue of the welfare of animals for export, which was raised at Second Reading. The noble Baroness, Lady Fookes, makes a very valid point about the welfare of expensive animals which are covered by this Bill.

The Bill allows, quite rightly, for animals to be exported for the purposes of showing, breeding and taking part in competitions. The owners of the animals will want their animals to arrive in tip-top condition. Some of the travel times which occurred for animals exported for fattening and slaughter, and their access to food and water, were completely unacceptable and shocking. I hope that that would not apply to the animals covered by the Bill as being permitted to be exported.

Although the owners of those animals going abroad for the purposes listed in the Bill are likely to ensure that their animals are well cared for, we cannot take this for granted and, occasionally, some exported animals may have a less than enjoyable experience once they have left our shores. For that reason, I support the amendment proposed by the noble Baroness, Lady Hayman of Ullock, although I am not entirely sure that it fits within the remit of the Bill. A review of the welfare of exported animals for whatever purposes, permitted under the Bill, should be reviewed to ensure that everyone is complying with the regulations.

[Lord de Clifford (CB)]

I thank the noble Baroness, Lady Hayman of Ullock, for this amendment, which I would support. Concerns have been raised in the equine world that there is fear that horses will be exported under the guise of competition but will then immediately go to slaughter. Do port authorities currently track the movement of livestock for breeding or competition out of our ports?

I also support the point made by the noble Baroness about the veterinary situation. There is still a shortage of veterinary staff. It is getting better but it is still an area that we are concerned about—certainly, with veterinary staff at ports. Certainly, we would welcome European veterinary staff on the other side of the border, and an animal import area in the French ports would be welcomed, if we could pressurise the EU for that.

[Baroness Hayman of Ullock (Lab)]

I thank noble Lords who have spoken for their support. The purpose of putting down this amendment was to be able to be able to talk very broadly about standards right across the piece, to make sure that no movement of animals was permitted to be below really high standards. The wording came about after a number of attempts; this was the one that was considered to be in scope, so that I was able to debate these issues. I am aware that this is about export and not about movement in this country but, again, we need to keep this on the radar and the Government need to look at it, particularly as the EU has toughened up its rules.

The noble Lord, Lord de Clifford, just made a really good point—it was also made at Second Reading— about the potential misuse of the Bill when it is enacted: for example the illegal transport of animals under the guise of them being for breeding but them then being slaughtered. I know that some equine charities have raised concerns about the potential for that to happen. What will be put in place to ensure that it happens absolutely as minimally as possible?

Having said all that, I beg leave to withdraw my amendment.