Bovine Tuberculosis

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 29th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the cull is taking place in the high-risk areas, which is precisely on the advice and with the consent of the Chief Scientific Adviser and the Chief Veterinary Officer. No one takes these matters lightly. This is about a disease that is prevalent in certain areas, and no other country has achieved TB-free status without undertaking something that may not be desirable but is necessary.

[Lord Trees (CB)]

My Lords, leaving the EU will allow us to use a wider range of options and tools for the control of bovine TB which are not currently permitted in the EU. Will Her Majesty’s Government exploit these new-found options to control this terrible disease and, if so, to what extent might their use have an impact on our ability to export beef and dairy products, particularly to the EU?

[Lord Gardiner of Kimble]

My Lords, the noble Lord is right. The annual Defra budget for TB eradication in England is £100 million a year. We are investing in TB R&D because we know that we do not know enough at the moment. For instance, we have already found out that the oral badger vaccine has not been successful. We are continuing work on a cattle TB vaccine and associated test development and have spent more than £35 million on that programme already. He is right that we need to look at research. If there are any new ways in which we can deal with this damaging disease, I am sure that we will want to look at them.

Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 13th March 2019 Grand Committee

[Lord Trees]

Perhaps by writing I could have an answer to the question on when the replacement for TRACES might be operational.

[Lord Gardiner of Kimble]

The successor to TRACES, IPAFFS, was launched on private beta on 14 February, for organisations with the greatest need. It will be operable for all third-country exports from the day we leave. We intend a separate system for imports from the EU, with IPAS coming into play in the summer, I think. I would not like to give a precise date, but obviously we want this working effectively, and I will write to the noble Lord—

Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 27th February 2019 Grand Committee

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

My Lords, veterinary medicines are tightly regulated here in the United Kingdom and in Europe. They are essential for the treatment of animals and ensuring animal welfare but can also present a risk to human health and the environment. If misused, they can affect human health directly or may enter the natural environment, causing long-lasting damage. The UK’s existing Veterinary Medicines Regulations 2013 set out the requirements on the manufacture, authorisation, supply, possession and administration of veterinary medicines in the UK.

Separately, the surveillance of residues from veterinary medicines in animal produce is an important safeguard to provide assurance that any meat, eggs or milk consumed is free from harmful residues of medicines used in animals. The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 provide for a surveillance programme for residues in England and Scotland. These regulations adopt the level of permissible residues set by the EU and also prohibit the use of certain substances as growth promoters. As residues surveillance is a devolved matter, there is equivalent secondary legislation covering Wales and Northern Ireland.

The Government share the British public’s high regard for animal welfare and the need for safe and effective veterinary medicines. These regulations address technical deficiencies in our veterinary medicines legislation to ensure that it continues to operate effectively when we leave. They will ensure that the legal framework continues to provide an effective regime for the regulation of veterinary medicines through which we can safeguard the well-being of our animals. The instrument does not diminish the high standards in the established veterinary medicines and residues surveillance regimes. I emphasise that the amendments in this instrument are to ensure operability and that the high safety standards we have in place will continue. I particularly emphasise, given the reference in the Explanatory Memorandum to some concerns, that these regulations—I repeat this on the record—are for nothing other than to retain the high safety standards that we all desire and must have in this country.

The UK’s regulator, the Veterinary Medicines Directorate, is already established as one of the leading regulators in Europe for veterinary medicines and will continue to lead on the international stage. The current legislation is designed to work in the context of EU membership. Some elements will therefore not work sensibly in a national context. Part 3 of this instrument amends the existing national legislation. For example, the mutual recognition provisions for medicine approvals between member states are no longer relevant. Similarly, approvals of generic marketing authorisations rely on the sharing of information between member states, and cannot continue to operate in the same way. Minor corrections are also made to the text to address references concerning EU membership which are no longer accurate or appropriate.

The instrument introduces a change in relation to the location of holders of marketing authorisations for veterinary medicines, which is needed as a consequence of leaving. Marketing authorisation holders must be established in the UK. As set out in the Explanatory Memorandum, this may result in a small increase in cost to those marketing authorisation holders currently based outside the United Kingdom. This is necessary to ensure that there are appropriate regulatory controls to ensure full compliance with UK law and standards, and that all marketing authorisation holders are treated equally. It is vital that marketing authorisation holders can be held accountable for their products, and these regulations provide for that.

Part 4 of the regulations sets out the necessary amendments to retained EU regulations. Regulation 470/09 sets out how maximum residue limits for substances used as veterinary medicines are set. MRLs are the maximum safe limit of a particular substance in produce from animals. These limits are used to establish withdrawal periods—the period that must elapse after the last administration of a medicine before produce from that animal may enter the food chain.

The Government have proactively engaged with the animal health industry to ensure that the regulatory regime continues to function effectively after exit day. I have met the veterinary pharmaceutical industry association, the National Office of Animal Health, on a number of occasions as part of our extensive engagement. Officials from the Veterinary Medicines Directorate continue to hold regular meetings with key industry representatives. Industry has welcomed our proactive and continued engagement with them. We have also worked comprehensively with the devolved Administrations on this instrument where it relates to devolved matters, and they have given their consent to this instrument being made on a UK-wide basis.

The Government are committed to ensuring continued levels of protection for human and animal health, as well as making it straightforward for businesses to put products on the market; and ensuring UK businesses and individuals can continue to access a range of veterinary medicines. This instrument will help to maintain the established veterinary medicines and residues surveillance regimes, and ensure that an effective regulatory framework for veterinary medicines is in place. It remedies deficiencies in the law to enable that operability and I beg to move.

[Lord Trees (CB)]

My Lords, I thank the Minister for his explicit and clear explanation of these regulations. I have very little quibble with them, but just a few points. As he emphasised, a significant change is to require the holders of market authorisations to be registered in the UK. This will impose a small burden. About £100 was estimated in the Explanatory Memorandum, which seems extremely reasonable and justified, because this measure is required to bring the market authorisation holders under UK legal jurisdiction. That is clearly extremely important to protect animal health and public safety.

The monitoring of residues, to which the Minister referred, is extremely important. As he mentioned, it is devolved. Can he tell us which processes are, or will be, in place between the devolved authorities in the UK to ensure that we maintain consistent levels and standards, so as not unduly to interfere with internal trade within the UK? I was going to ask the Minister about the concerns raised by your Lordships’ Secondary Legislation Scrutiny Committee in relation to the lowering of standards, but I accept his assurance that those concerns are unfounded.

Finally, I make a plea to the Minister, which I am sure he will fully understand. These regulations will significantly increase workload for the regulatory departments in our pharmaceutical companies, which form an important industry in the UK. I ask him to ensure that at least some degree of understanding and flexibility applies to the government agencies responsible for interacting with those companies. All in all, however, this is a very satisfactory SI.

Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 6th February 2019 Lords Chamber

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

My Lords, I will speak to both sets of regulations. I would from the outset like to place on record my appreciation of the work of veterinary surgeons. They undertake a wide range of tasks in our country and the profession is widely respected. With two members of my family in the profession, I am well aware of the challenges they face.

These statutory instruments aim to ensure that there will continue to be a functioning regulatory and legislative regime for the professional regulation of veterinary surgeons and farriers, and enforcement of legislation for protecting animal health and welfare for when the UK leaves the EU.

I turn first to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019. In the UK, the veterinary profession and its standards are regulated by the Royal College of Veterinary Surgeons—the RCVS. Since 1966 the Veterinary Surgeons Act has provided a mechanism for veterinary surgeons who have qualified outside the UK to register to practise here. That mechanism, in so far as it applied to EEA and Swiss nationals, was subsequently amended to reflect the requirements of the recognition of professional qualifications directive after it was adopted in 2005.

Part 2 of this statutory instrument will ensure the operability and consistency of the system for registering EEA and Swiss qualified veterinary surgeons after we leave. Under the European system, EEA and Swiss nationals who hold degrees from veterinary schools recognised by the EU are entitled to have those degrees automatically recognised in any member state. When the UK leaves, EEA and Swiss qualified persons who wish to register to practise in the UK will still be able to do so; however, they will have to follow the same process as those who have qualified elsewhere. That process is currently set out in Section 6 of the Veterinary Surgeons Act, and requires that an applicant satisfy the Royal College of Veterinary Surgeons that they have,

“the requisite knowledge and skill”,

to practise in the United Kingdom.

If the RCVS is satisfied that the degree the applicant holds meets this requirement and is equivalent to one from a UK veterinary school, there is no further assessment of their skill and knowledge. The Royal College estimates that a large majority of applicants from the EEA will meet this requirement. If the applicant does not hold such a degree, they must undertake and pass a professional examination administered by the Royal College of Veterinary Surgeons. This would help ensure consistency of approach to the regulation of veterinary standards in the future. These changes do not affect those already registered to practise veterinary surgery in the United Kingdom. Transitional arrangements also ensure that those who are in the process of registering with the RCVS on exit day are entitled to have their application considered under the current rules.

Part 3 of this statutory instrument makes a minor technical amendment to Section 29 of the Animal Welfare Act 2006. Section 29 currently provides inspectors in England and Wales with a power to enter premises to check compliance with the Welfare of Farmed Animals Regulations. Inspectors are appointed by local authorities, Welsh Ministers or the Secretary of State. This technical amendment ensures that that power of entry will continue to be available after exit day.

I turn now to the Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019. This statutory instrument will ensure that the system for recognising farriery qualifications continues to function effectively after the UK leaves. This statutory instrument also amends Section 64A of, and Schedule 3 to, the Animal Health Act 1981, as well as three exemption orders under the Veterinary Surgeons Act, to ensure the operability of these pieces of legislation after EU exit.

In Great Britain, since 1975, farriers have been regulated by the Farriers Registration Council under the Farriers (Registration) Act. Interestingly, farriery is not currently regulated in Northern Ireland. Under the European system, EEA and Swiss nationals who hold farriery qualifications, or who have certificates attesting to their experience, are entitled to have those qualifications or that experience recognised in any member state. Part 1 of this statutory instrument will seek to ensure consistency of professional standards by proposing to use the same system for recognising the qualifications of farriers from the EEA as that used for farriers from the rest of the world. This means that those farriers whose qualifications and training are not equivalent to the UK standards, but who have two or more years of professional experience as a farrier, will need to undertake a professional assessment. If they have less than two years of professional experience, they will need to undertake full professional training in the UK, followed by the professional assessment, before being registered to practise in the UK. This will help to ensure consistency across the profession and will help to protect the health and welfare of horses.

We have of course discussed these proposals with the Farriers Registration Council, which is content with them. I emphasise again that these amendments do not affect the rights of those already registered to practise farriery in the United Kingdom.

I come to the powers of entry under the Animal Health Act. Part 3 of this statutory instrument makes technical changes to the Animal Health Act 1981 to ensure its operability. The amendment to Section 64A ensures that, where local authority inspectors in Great Britain currently have a power of entry and check compliance with certain legislation, that power will remain available to them after exit day. The relevant legislation includes orders regarding cattle and equine identification, vaccination in the event of avian influenza or foot and mouth disease, and the monitoring of zoonotic disease.

A further operability amendment, to Schedule 3, removes an EU obligation which will no longer apply after the UK leaves the EU, as the relevant authority will already need to be satisfied that adequate measures are in place to prevent any risk of the spread of foot and mouth disease before it can decide not to slaughter susceptible animals. This is a technical change and I emphasise that we will of course continue to co-operate with our friends and colleagues in the EU on disease control in the future. Disease does not respect borders and boundaries, and we must continue to collaborate and work together.

Three exemption orders under the Veterinary Surgeons Act 1966 all currently permit specific minor veterinary surgery procedures to be carried out in the UK by persons other than veterinary surgeons, provided that they have successfully undertaken an “approved course”. In the UK, before a UK course can be approved, the Secretary of State, rightly, must consult with the Royal College of Veterinary Surgeons. As a member of the EU we were required to recognise any training undertaken in an EEA country which would allow a person to carry out that procedure there. There is no EU minimum standard for such training, no requirement that the member state in question must consult their equivalent to the RCVS and, importantly, no guarantee that the course is of the same standard as those undertaken in the UK. In the future, it will be for the Secretary of State and in some circumstances DAERA—as the responsible authority in Northern Ireland—to decide whether any non-UK course meets the appropriate standard, to ensure that there is more rigour. This will help maintain high standards of animal health and welfare in the UK.

These statutory instruments aim to ensure that there will be a functioning regulatory and legislative regime for the professional regulation of veterinary surgeons and farriers, and enforcement of legislation that protects animal health and welfare when the UK leaves the EU.

[Lord Trees (CB)]

My Lords, I am delighted to speak on the veterinary surgeons and animal welfare regulations and I strongly support them. We are all well aware that there is some division on whether Brexit is a good or bad thing, but I respectfully suggest that this consequence of Brexit, this SI, is a good thing. It will help to ensure high standards of animal health and welfare and, most importantly, protect the public, which is the purpose of professional regulation.

Up to now, the Royal College of Veterinary Surgeons has had the power to ensure that all those whom it admits to its register to become members of the Royal College, which is the legal requirement to practise in the UK, meet certain quality assurance standards. In particular, they have to have been trained in a professionally accredited institution. This applies to all graduates of every vet school in the world, including the UK, except those from EU member states. By virtue of EU law, all graduates of any institution recognised by the member state Government have to be automatically granted admission to the register of the Royal College of Veterinary Surgeons, whether or not that institution has been subject to a professional accreditation process. This SI will eliminate that anomaly.

There is an accreditation process in Europe, run by the European Association of Establishments for Veterinary Education, or EAEVE. Under the SI, the RCVS will be able to acknowledge graduates of EAEVE-accredited schools as meeting the RCVS quality assurance standards, thus admitting them to membership of the Royal College—and it has committed to this. However, a minority of vet schools in Europe have not been EAEVE accredited; they have either submitted and failed, or have not submitted to the accreditation process. For the first time, graduates of such schools will not be automatically admitted to the Royal College of Veterinary Surgeons register. They will have an alternative route, which is currently used by graduates of many vet schools throughout the world: namely, sitting the statutory examinations of the Royal College of Veterinary Surgeons. I would submit that all this is eminently consistent and fair.

There is a small downside. Currently, about 13% of EU vets admitted to the MRCVS register are from EU schools which are not professionally accredited in any way. Therefore, this SI may slightly reduce the number of vets able to work here. I submit that that is a small but worthwhile price to pay to assure the public that any MRCVS vet meets proper professional quality assurance standards. We face a shortage of vets in the UK and that is likely to be exacerbated by Brexit. However, lowering standards is not the way to respond to this. A new graduate stream of vets from the University of Surrey will enter our labour market this summer and a new vet school in the Midlands is planned at the Universities of Keele and Harper Adams. In the immediate future, the solution to our workforce shortage is to facilitate the employment of vets from EU or global institutions which are accredited to the satisfaction of the RCVS. Those vets are available and keen to come to work here. The Home Office needs to enable and facilitate that, and a first major step would be to restore vets to the shortage occupation list.

In summary, I strongly support this regulation. It will remove an anomaly, strengthen animal health and welfare and strengthen the assurance of the public.

Abattoirs: Non-stun Slaughter

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 7th February 2018 Lords Chamber

[Lord Trees]

To ask Her Majesty’s Government what measures they are taking to minimise the number of animals slaughtered without stunning in abattoirs in the United Kingdom.

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

My Lords, EU and domestic legislation require all animals to be stunned before slaughter, with a long-standing exception for Jewish and Muslim communities to eat meat prepared in accordance with their religious beliefs. We recently asked the Food Standards Agency to conduct a survey of slaughterhouses that included looking at different slaughter methods. The survey’s results should help to ascertain the volumes of meat arising from different slaughter methods.

[Lord Trees (CB)]

I thank the Minister for his reply and congratulate the Government on the number of measures they have announced recently to improve animal welfare in this country. They are progressive and very welcome. However, on non-stunned slaughter, I am afraid we have not made much progress. The latest Food Standards Agency figures to which the noble Lord alluded show that the number of sheep slaughtered without stunning in Britain in 2017 doubled in the six years from 2011 to over 3 million sheep. That is 3 million sheep that had their throats cut without being rendered unconscious first. Does the Minister agree that, in that aspect of animal welfare, we are going backwards?

[Lord Gardiner of Kimble]

My Lords, that is why it is important that we first look at the results of the 2018 survey. The last full survey was in 2013, so it is important that we hear about the issue again. The Government would prefer all animals to be stunned before slaughter, but we have been very clear over a long period—since the 1933 Act—that we respect the rights of the Jewish and Muslim communities to consume meat in accordance with their religious practices. However, we expect our announcement on CCTV, affecting all slaughterhouses, to be an advance in animal welfare.

Food Safety Standards: Brexit

Debate between Lord Gardiner of Kimble and Lord Trees

Thursday 11th January 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I shall take the opportunity to take that question away and look at it so that I give a proper and detailed reply, of which I shall put a copy in the Library, because it is important. This Government are absolutely clear that we want trade deals. They will be reputable for all sorts of reasons that I have outlined, and we certainly want transparency.

[Lord Trees (CB)]

My Lords, for some time after Brexit and with many countries, we will inevitably trade under WTO standards. There seems to be some uncertainty as to what extent animal welfare standards such as stocking rates of broiler chickens and so on can be used as conditions of trade under WTO rules. Have the Government sought legal advice on this? If so, can the UK legally demand that certain standards be met under WTO rules?

[Lord Gardiner of Kimble]

My Lords, as I have said, on our statute book will be all the current EU welfare standards, but there are some recent WTO cases which we think will be helpful and we are giving them active consideration.

Animal Welfare Offences

Debate between Lord Gardiner of Kimble and Lord Trees

Tuesday 24th October 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, it is very important that we are understanding of the importance of not importing animals and birds that we should not. Indeed, we want not only to maintain what is going to come back from European law but in many cases to advance it.

[Lord Trees (CB)]

My Lords, I welcome the strengthening of the sanctions for animal welfare offences. More than that, though, there is an increasing realisation that people who abuse animals frequently abuse, or go on to abuse, human beings. I pay tribute to the Links Group for drawing attention to that relationship. Given that, does the Minister agree that not only will strengthening the sanctions reduce the abuse of animals but it may also help to protect vulnerable people from abuse?

[Lord Gardiner of Kimble]

My Lords, whether it is abuse against animals or against human beings, we must do all that we can to reduce the scope for it. With this proposal, we are sending the very strong message that for heinous crimes there will be, among other things, the sanction of a custodial sentence of five years.

Breeding: Dogs and Cats

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 13th September 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, undoubtedly I acknowledge the exceptional work of the charities and volunteers, and indeed it is my privilege often to work with them. I share my noble friend’s concern. Only yesterday, I met representatives of the British Veterinary Association and the Kennel Club to consider how best we can resolve this issue of genetic defects. We will be working with interested parties on how the issue can be effectively tackled and how best we can frame this in regulations.

[Lord Trees (CB)]

My Lords, I support the noble Lord, Lord Black, in what he said. Many people—well-meaning people—keep certain breeds, which, because of their conformation, are so deformed that they will suffer ill health and stress throughout their lives. The popularity of breeds such as the French bulldog and the Scottish fold cat is increasing, partly endorsed by advertising, celebrity endorsement and social media. While it may be difficult to introduce legislation, does the Minister agree that we should do all that we can to persuade people that the keeping of such breeds is not cool?

[Lord Gardiner of Kimble]

My Lords, it is important that we respect our animals as they are in their native state. It is important that we address this point; it is not reasonable, and in fact it is self-indulgent, to breed animals with these genetic defects. So we want to deal with it, and it is important that we do so. This crosses a number of breeds whose conditions we need to improve. This is why we are working in particular on things such as pet advertising—we want to raise standards on the online side of these things. We are working on this because we recognise how important it is for the welfare and health of these animals.

Circuses: Wild Animals

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 1st March 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, there is of course legislation, and under the requirements of the Dangerous Wild Animals Act the primary focus is public safety, but clearly, the Animal Welfare Act 2006 absolutely applies. We are absolutely clear that it is not appropriate at all for primates to be kept as pets.

[Lord Trees (CB)]

My Lords, I was going to ask about primates myself. Both the BVA and well-respected animal welfare organisations such as the RSPCA all agree that primates are totally unsuitable to be kept as pets; they are highly social, highly intelligent animals and many welfare problems arise when they are kept in captivity as pets. Will the Government consider taking stronger action to remedy this serious welfare issue?

[Lord Gardiner of Kimble]

My Lords, I will certainly take back what your Lordships have said, but it is absolutely clear that the Animal Welfare Act 2006 makes it an offence to cause unnecessary suffering to an animal. This is backed up by a code of practice, and no one should keep a primate in solitary conditions, as the noble Lord has said, keep it in a small cage or feed it with an inappropriate diet. In other words, I repeat: primates should not be kept as pets.

Animal Welfare: Penalties

Debate between Lord Gardiner of Kimble and Lord Trees

Monday 16th January 2017 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, obviously I have considerable sympathy with the noble Baroness. Some of the examples of animal cruelty cases are, frankly, beyond belief, and that is why I am very pleased that the independent Sentencing Council aims to ensure that the most serious cases of animal cruelty could receive longer sentences within the maximum six months’ imprisonment. The council is currently considering the consultation responses, and will draft the definitive guideline with publication due later this year.

[Lord Trees (CB)]

My Lords, while it is important that we increase sanctions for animal welfare offences, sanctions are but nothing without enforcement. At the minute, there is no statutory requirement for local authorities or the police to enforce animal welfare legislation. Have the Government any plans to introduce such a statutory requirement?

[Lord Gardiner of Kimble]

My Lords, there are no current plans, but imprisonment is not the only penalty, and I think that is important. The increase to an unlimited fine, community service orders and orders disqualifying people from ownership of dogs and animals for life are among the range of penalties, which I think are also very important if we are to address this matter.

Dog Breeding

Debate between Lord Gardiner of Kimble and Lord Trees

Monday 9th November 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this is clearly a very important issue. It is already an offence for licensed breeders to sell puppies aged under eight weeks, except to pet shops. Clearly, the current arrangements are that if you are in the business of breeding and selling dogs, you must be licensed. Anyone producing five or more litters at the moment should be licensed, but we are consulting on this. We think that a lowering of the threshold to three litters per annum would be a sensible way forward. But we are consulting on these matters and I would very much welcome an opportunity to discuss them with the noble Baroness.

[Lord Trees (CB)]

My Lords, in recent years we have seen the emergence of major new threats to our pet animal health. We have seen the growth of the internet trade, which can be easily exploited by unscrupulous sellers, to the detriment of the health of the animals; we have seen the growth in the fashion for exotic animals as pets, which for the most part are totally unsuitable; and we have seen the emergence of puppy-smuggling, mainly from eastern Europe, under the guise of the pet travel scheme, which is detrimental to the health of the puppies, and a threat to our biosecurity and, indeed, to public health. Many feel that our current legislation is inadequate to control these threats. What are the Government planning to do to counteract these threats?

[Lord Gardiner of Kimble]

My Lords, one of the reasons we wish to update the Pet Animals Act 1951, which sets controls on pet animals, is that pets are of course now traded online. We would make it clear that anyone trading pets online as part of a business is indeed operating a pet shop and should be licensed accordingly. On the question of pet imports, there is both the pet travel scheme for dogs, cats and ferrets and the Balai directive, which is about the rules governing the commercial trade and import of animals. We are working on this: the Chief Veterinary Officer has been in dialogue with Lithuania, Romania and Hungary, and we are seeking improvements.

Animal Welfare: Cats and Dogs

Debate between Lord Gardiner of Kimble and Lord Trees

Wednesday 20th November 2013 Lords Chamber

[Lord Trees (CB)]

My Lords, first, I thank the noble Lord, Lord Black, for initiating this debate, which, as he pointed out, is the first that we have had on this subject for some time, and it is very timely.

In recent years, a number of cultural, social and economic developments have dramatically affected the well-being and welfare of our pet dogs in the UK. Many of these changes are associated with the breeding of dogs and their subsequent fate, and it is this aspect of canine welfare on which I want to concentrate.

Some issues have been evolving over many years—notably the breeding of dogs with exaggerated physical conformations, which are detrimental to health. Indeed, this was an issue that worried me greatly when I was in practice some 40 years ago. The matter was thoroughly reviewed by Sir Patrick Bateson’s independent inquiry into dog breeding in 2010, and remedial action is being taken by, among others, the Kennel Club and the Advisory Council on the Welfare Issues of Dog Breeding, which was set up as a consequence of the Bateson report.

Such action is very welcome, but I have to say that it is at the very least an embarrassment that this matter was brought to a head by a TV programme and not by those working closely with pedigree dogs, including the Kennel Club, the dog charities and, regrettably, the veterinary profession. We have all been complicit in creating animals that have been so deformed that they have suffered unnecessarily because of physical conformation. I am not talking here about the more complex genetic diseases which affect a proportion of some breeds and which require genetic and epidemiological investigation to predict; I am talking about anatomical deformations, plain for anyone to see. Sadly, there is still a culture which regards dogs as fashion accessories. We must ensure that in future the whims of human fashion do not dictate animal structure to the detriment of the health of those animals.

A more recent development has been the emergence of puppy farming, which is now taking place on an alarming scale. For example, the counties of Carmarthenshire, Ceredigion and Pembrokeshire alone, according to Puppy Alert, have a total of 162 licensed premises, which are thought to produce some 28,000 puppies a year destined for the pet trade in England. The RSPCA estimates that some 50,000 dogs are imported from Ireland alone, and then there are imports of unknown quantity from mainland Europe. The conditions under which these animals are bred are often totally inappropriate, with overcrowding, lack of hygiene and lack of attention to the social needs of the animals. This supply chain leads to a complete separation of the dog breeder and the parent bitch from the puppy offspring and the ultimate dog owner. This is bad for the ultimate owner and certainly detrimental to the well-being of the pup. This dissociation is further exacerbated by the now widespread practice of selling puppies over the internet, to which several noble Lords have referred. One has to ask whether the internet is an appropriate way of selling a dog, but I fear that there is little that we can do about that.

Paradoxically, this commercial exploitation and proliferation of dog breeding, often by criminal gangs, has been accompanied by a huge increase in the number of stray dogs. The Dogs Trust estimates that around 126,000 stray dogs were seized by local authorities in the year to March 2011, and the financial burden on charities and local authorities of dealing with the stray dog problem has been estimated at nearly £60 million. Finally, the growth in cross-border trade—especially illegal trade—exposes the British dog population and, indeed, humans to the increased risk of imported diseases, some of which are unique to dogs but others, such as rabies, are fatal to humans.

What can be done? First, there is much that can be, and is being, done by bodies interested in the welfare of dogs voluntarily to improve the situation by education, information and co-ordination. Defra has published on its website excellent guidelines to follow when buying a cat or dog. The BVA Animal Welfare Foundation and the RSPCA have collaborated to launch the Puppy Contract and the Puppy Information Pack, which provide advice and, on a voluntary basis, have the buyer and seller agree on their responsibilities with regard to the animal’s health and well-being. Furthermore, the Pet Advertising Advisory Group has provided guidelines for websites that advertise puppies for sale, and those guidelines have been adopted by at least two of the websites involved.

However, there is a need for some strengthening of statutory controls, and I submit that it would not need new primary legislation. The potentially excellent Animal Welfare Act 2006, to which many noble Lords have referred, has laid down clear responsibilities for all animal keepers. In addition to the provision of adequate food, water and living conditions, it requires owners to cater for the social needs of animals, to allow animals to express their normal behaviour and to provide,

“protection from, and treatment of, illness and injury”.

Only modest subsidiary measures under the Animal Welfare Act 2006—for example, expansion of the guidelines and welfare code for dogs—would be required to render it unambiguously applicable to some of the above problems around dog breeding, and that would allow the repeal of the Breeding of Dogs Acts of 1973 and 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999.

[Lord Gardiner of Kimble (Con)]

I apologise to the noble Lord but he is going into the time that will be available for the Minister’s reply.

[Lord Trees]

Other issues require more rigorous enforcement of existing legislation.

In conclusion, with the refinement of existing regulation and proper enforcement, the Animal Welfare Act could be used better to safeguard the health and welfare of dogs and to ensure that dogs are bred with due regard to the health of their offspring. I urge the Government to consider such action.