Animals: Experimentation

Lord Henley Excerpts

Monday 24th October 2011 Lords Chamber

[The Minister of State, Home Office (Lord Henley)]

My Lords, I thank the noble Lord, Lord Rosser, for reminding us that this is not an easy issue. That is almost the most important point he made in the course of his address. I also thank the noble Lord, Lord Wills, for introducing this debate and attracting such a wide range of expertise to speak in it. I thank my noble friend Lord Willis, who is the chairman of the Association of Medical Research Charities, and the noble Lord, Lord Winston, who has held the licence from the Home Office for some 40 years—I apologise to him on behalf of Home Office Ministers some 40 years ago who had a typewriter that did not have any “t”s in it. I will make sure that is corrected in due course and the appropriate licence is issued, but no doubt the noble Lord has the appropriate licence. I will say a little more about what the noble Lord had to say later on; he made some very important points.

We also heard my noble friend Lord Taverne, who again has a great record in this area. I was very encouraged that he reminded the House that we have a very good record in this country and it is something that we should be proud of. However, it is obviously something that we must get right. Again, I was very pleased to hear the noble Baroness, Lady Warwick, with her experience as a former chief executive of Universities UK, talk about the importance of research in this field. The noble Lord, Lord Wills, spoke about the need for the Government to hold the ring to provide balance. I am not sure that “holding the ring” is necessarily the right analogy—I cannot remember quite where it comes from—but let us just talk about providing balance, because I think that balance is important.

I start by saying—here I echo the expert remarks of the noble Lord, Lord Winston—that animal experimentation continues to be absolutely vital both in developing the improvements in healthcare that we have seen over the past hundred or however many years it is and in ensuring that all our health services continue to function effectively with the gains that have been provided to us over the years. I was very grateful for everything that the noble Lord, Lord Winston, said about IVF and the number of Nobel prize winners whose research had been involved and so on. I was also grateful for what he and the noble Baroness, Lady Warwick, said about the need to ensure that there is appropriate public engagement in these matters. Again, it is very important that the right message about what we are doing is put across to everyone.

Having said all that—this is where I add my “but”—we have a moral obligation to ensure that effective arrangements are made for the protection of animals used in that work. That is why the noble Lord, Lord Wills, was right to talk about a balance. I have used the word “balance” virtually every day that I have spoken for the Home Office in this House, but this is one area where balance is absolutely vital—a balance between the need for research and the need for effective protection.

The regulation of animal experiments and testing is of significant public interest—a point emphasised by all noble Lords. The Government are strongly committed to ensuring the best possible standards of animal welfare and protection for animals used for scientific purposes.

That brings me to the transposition of the new European directive, mentioned particularly by the noble Lord, Lord Wills, but also by my noble friend Lord Taverne. We believe that getting the transposition of the directive is absolutely vital. It provides a valuable and timely opportunity for the United Kingdom to review all its legislation governing experiments on animals. It also provides an opportunity to confirm the best aspects of current regulation and to make improvements where we can do better. We believe that the new directive will help us to promote the further development of alternatives to the use of animals. It will also allow us further to reduce unnecessary bureaucracy—referred to by the noble Lord, Lord Winston, and the noble Baroness, Lady Warwick—where it exists and to streamline our existing processes where this will not adversely affect animal welfare, building on the significant improvements that we have already made in the day-to-day implementation of current regulations.

Concerns have been expressed that the transposition of the new directive will lead to a weakening of United Kingdom standards. I emphasise that my understanding was that the Commission looked to this country more than any other to check the standards because we are the model. However, I give an assurance that we will certainly not be looking to reduce our standards in any way whatever. Further to that, Article 2 of the directive provides a mechanism that we can use to retain current higher UK standards, and we intend to use that mechanism wherever necessary.

The noble Lord, Lord Wills, asked a number of questions. I hope to address them more or less in the order that he put them and, in the process, to deal with some of the other points raised by other noble Lords. I start with the inspectorate. I assure the noble Lords, Lord Wills and Lord Rosser, that we will maintain a strong and properly resourced inspectorate. The relationship among inspectors, establishments and licence holders is crucial to the effective implementation of the regulatory framework and we will not jeopardise that. The inspectorate will continue to carry out a comprehensive programme of inspections.

In their present form, local ethical review processes in licensed establishments—which have made a very significant contribution to animal welfare and the reduction, replacement and refinement of animal welfare procedures—will continue. Again, I was grateful that noble Lords stressed those three Rs. The new European directive requires each breeder, supplier and user to set up an animal welfare body with similar functions but less extensive membership. The recent public consultation has shown that there is widespread support from all sectors in the United Kingdom for animal welfare bodies to have a broader membership and a more extensive role than that set out in the directive. I assure the House that we will take full account of those views when we conclude our transposition of that aspect of the new directive.

Turning to the question of transparency raised by the noble Lord, Lord Willis, we will also continue to encourage the full publication of a range of information about animal research to assist public understanding of its purpose and value. That was something that the noble Lord, Lord Winston, was concerned about. To this end we will aim to publish non-technical summaries for all licensed projects. We will also consider how we might adapt Section 24 of the 1986 Act—the statutory bar to disclosure—to enable more information to be disclosed, again ensuring that proper safeguards are included.

I turn now to the use of non-human primates. First, I can assure my noble friend Lord Willis that we do intend to continue the current ban on the use of great apes and likewise we will continue the ban on the use of stray animals that he asked about. There are particular concerns about the use of non-human primates. Research using non-human primates is a small but currently vital part of work to protect and improve human lives. I assure the House that the Government will continue to be supportive of all work directed at developing alternatives to non-human primates in scientific research.

The Weatherall report provided a valuable contribution to this issue. I would like to correct the noble Lord, Lord Wills, on one aspect. It did not actually call for a national strategic plan, but made 16 valuable recommendations, which are being taken forward by their respective constituencies. In terms of public support for the use of animals in scientific research, the most relevant recommendation was for scientific journals to incorporate details of animal welfare and the steps taken to ameliorate suffering, when publishing papers that involved non-human primate research.

The National Centre for the Replacement, Refinement and Reduction of Animals in Research—the national centre for the 3Rs—has developed guidelines for the publication of research using animals, which specifically include the requirement to describe husbandry and welfare associated measures. These guidelines have since been taken up by a large number of journals, including Nature and associated publications. Although we know from the most recent RSPCA survey of journal policies that there is more the sector could do, we are pleased with the direction of travel.

Following the Weatherall report, as the noble Lord, Lord Wills, will be aware, we had the report of Professor Bateson, which reviewed medical research projects conducted over the last 10 years using non-human primates. His report noted that the research under review was generally of good quality and was highly cited, while some was of outstanding quality. The review panel was, however, concerned about the small proportion—about 9 per cent of research programmes—from which no clear scientific, medical or social benefit emerged. The Medical Research Council has responded that all research involves testing new ideas and that it is inevitable that some of it does not work out. The MRC will continue to work to ensure that all grant recipients using non-human primates are clear about the expected scientific, medical or social benefits and, if these are not realised, that the reasons why are explored to ensure that lessons are learnt for the future.

I am beginning to run low on time. I will move on to the points raised about a cosmetics marketing ban, which is a much more complex matter than it first appears. The marketing ban is being phased in and took effect in 2009 for all cosmetics and ingredients except for those used in tests for the most complex human health effects. The full marketing ban was always conditional on there being full and validated replacement tests in place. We know that such tests will not be available by the 2013 deadline referred to by the noble Lord, Lord Rosser. The Commission has undertaken an assessment of the impact were the ban to go ahead in 2013. We take the issue very seriously and will work with the Commission and others ahead of an expected decision at the end of the year. We will take into account all available evidence before reaching a United Kingdom position.

I have two minutes to touch on the comments that the noble Lord made about the coalition commitments. The coalition agreed to include a commitment to work to reduce the use of animals in scientific research. We will look closely at all suggestions to deliver on that commitment, including those from the British Union for the Abolition of Vivisection and others, and will respond in due course. The commitment will be delivered through a science-led programme led by the national centre for the three Rs. The national centre was selected because it has provided exceptional leadership and is internationally recognised as a world leader in this area. It will closely involve all government departments and agencies, including the Home Office inspectorate, research communities in both academia and industry and others with relevant animal welfare interests.

This has been a very useful and thought-provoking debate. The transposition of the new directive and the revision of current UK legislation is a complex task, and in the course of the debate it has been possible to cover only a small fraction of the issues involved. However, it has been useful and I hope that it will help us to prepare for the task ahead. I thank all noble Lords who spoke.