Animals (Low-Welfare Activities Abroad) Bill

Baroness Hayman of Ullock Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Black of Brentwood, for his excellent and thorough introduction of the Bill to your Lordships’ House, as well as Angela Richardson MP for steering it through the other place. I would also like to thank a number of charities that have been campaigning on this issue: the RSPCA, World Animal Protection, Animal Welfare and Four Paws. In particular, I want to thank Save the Asian Elephants and Duncan McNair, who is with us today. I genuinely believe we would not be here debating this Bill were it not for the work that he has done, and I congratulate him.

As has been mentioned, the Bill has strong cross-party support. The legislation will represent a significant step forward in protecting wild animals from the cruelty and exploitation that we have been hearing about in this debate. It will also demonstrate the UK’s role in establishing world-leading standards on animal welfare in this area. However, to realise this ambition the Bill must deliver effectively its objective of banning the promotion and sale of animal activities abroad that would be illegal under domestic legislation.

We have heard that the intent of this Bill has overwhelming public support, and we have heard the poll evidence to support that. Every year, hundreds of thousands of wild animals are exploited for entertainment in the global tourism industry. As research has shown, one of the problems is that many of these wildlife tourist attractions have impacts of which the tourists who take advantage of them have absolutely no idea. Common examples that we have heard include elephant rides and swimming with dolphins experiences. For these actions to take place, there are cruel training techniques, coercive control, conditioned unnatural behaviours, stressful interactions and so on. Many of these animals are highly intelligent and this is appallingly cruel treatment.

By discouraging the sale and promotion of such activities, the proposed Bill aims to help steer the market towards promoting more ethical and welfare-friendly tourism. Some travel companies have taken steps to restrict the sale of low-welfare activities to their customers but, unfortunately, many well-known companies continue to sell these cruel and exploitative wildlife experiences.

I thank the noble Lord, Lord Black, for mentioning Helen Costigan and her sister. They had the most appalling experience and terrible tragedy, and it is important that we put into the context of this the human tragedy that can come out of the treatment of animals in this way.

We support the Bill because it aims to improve animal welfare overseas by prohibiting the sale and advertising of such activities. To ensure the smooth passage of the Bill, we are not going to table any amendments. However, as the noble Baroness, Lady Bakewell of Hardington Mandeville, said, there are some areas where we would like clarification from the Minister to ensure that it meets its objectives effectively.

Activity regulations must reflect the changing market for low-welfare activities abroad. Regulations must be kept in alignment with changes in domestic animal welfare legislation as well as evolving scientific understanding of animal sentience and its impact on animal welfare. In the absence of a duty to review regulations, is the Minister able to confirm how activity regulations are going to remain comprehensive and up to date?

The noble Baroness, Lady Bakewell, mentioned some of our other concerns so I will not go into great detail, but one is the use of the phrase “principal market” in Clause 2(5)(b). Our concern, as she laid out, is that this could open up a loophole. We agree with her that removing “principal” from the clause would mean that the legislation covered any advertisement intended for England or Northern Ireland and remove any confusion. I wonder if the Minister would consider taking that back to his department to have a further look at it.

The other concern is about widening the parameters of committing an offence, as raised by the noble Baroness. She talked about “relevant”, which is extremely important. We are concerned that it risks excluding from prosecution people based in Scotland or Wales who sell or promote regulated activities in England or Northern Ireland, as she laid out. We agree with her that omitting “relevant” would close that potential loophole. If the Minister were able to clarify that the department would look at that how that loophole could be addressed, we would be grateful.

We very much support this legislation and want it on the statute book but it is important that it is fit for purpose, so we look forward to the Minister’s reassurances regarding the questions that we have asked.

Domestic Animals: Welfare

Baroness Hayman of Ullock Excerpts

Thursday 13th July 2023 Lords Chamber

[Lord Benyon (Con)]

We work with local authorities to make sure that that is happening. There is a standard required and I am pleased that it has been brought in. I am open to any suggestions of where there has been a failure in regulation, inspection or the physical circumstances of a dog. It is important that this standard is universally applied.

[Baroness Hayman of Ullock (Lab)]

My Lords, while much online animal torture content originates from abroad, some appalling photos and videos shared on social media platforms involve the abuse of domestic animals in the UK. In opposing my noble friend Lady Merron’s amendment to the Online Safety Bill yesterday, the Government insisted not only that online instances of animal mistreatment are covered by the 2006 Act, and are therefore in Defra’s remit, but that prosecutions against abusers are regularly brought. Can the Minister confirm the number of successful prosecutions in each of the last three years?

[Lord Benyon (Con)]

I do not have that information to hand. However, I hope that all in the House agree that posting grotesque acts of animal barbarity online should be controlled. We have to make sure that we have control over legislation that affects people in this country. If this is being done around the world, it is not impossible to legislate against it but it is more complicated. We want to make sure that, through this and other legislation, we are doing this in the right way and legislating where we can be effective.

Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023

Baroness Hayman of Ullock Excerpts

Monday 10th July 2023 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I will be brief, given the steer that was given that there was only half an hour for the dinner break, and there are other speakers to come after me. I thank the noble Baroness, Lady Willis of Summertown, for bringing forward this debate. Not only is she right to highlight the inadequacies in the statutory guidance; it also provides a vital opportunity to raise the issue which has been referred to by the noble Baroness, Lady Jones of Whitchurch, and my noble friend Lord Teverson. It is that unless local nature recovery strategies have a sufficiently strong statutory underpinning, when the rubber hits the road and they actually come into contact with local planning authorities, they are not going to be able to do the job that we all want them to do.

I was at the same reception as my noble friend Lord Teverson. The Secretary of State there made it clear that she thought that LNRSs were a critical means of delivering on the ambition to halt the decline in species abundance by 2030. She is absolutely right. As the noble Baroness, Lady Jones, said, we all agree on this. We really congratulate the Government on bringing forward local nature recovery strategies, but we need to do all we can now, at this critical juncture, to make sure they work.

I am not an expert on whether we need one single data format or not. I will take advice from the expert, the noble Baroness, Lady Willis. All I would say is that our committee has been looking at the issue of protected areas. I do not think it would be breaking confidence to say that the paucity of monitoring information out there and the lack of standardisation is already a problem; so let us not add to that but instead create mechanisms so that local planning authorities, farm managers and local developers can see what is important.

I want to ram home this point. I know it is a point that the Minister understands, and I am grateful, like the noble Baroness, Lady Jones, that he did agree to meet us to talk about why the wording in the Environment Act in the moment, “have regard to”, is not sufficient. The noble Baroness, Lady Willis, also referred to it. It does not matter if the Government transpose it into the LUR Bill; it has got to be much stronger than that. There has to be a significant strengthening to ensure that local planning authorities, as opposed to just the upper tiers, really take this forward. We need a stronger steer on them and we need reporting back.

I urge the Minister to carry on having discussions with noble Lords around the Chamber who are with him in his intentions. We need to make sure that the opportunities in the LUR Bill are taken.

[Baroness Hayman of Ullock (Lab)]

My Lords, I start by thanking the noble Baroness, Lady Willis of Summertown, for her expert introduction to her concerns about the statutory instrument before us today. We know the local nature recovery strategies have a really important role to play in delivering on the Environment Act targets and of course the commitment to protect 30% of land, as noble Lords have said.

If you have these regulations, it is also important that they are then actually able to meet their policy objectives. I agree with the noble Baroness, Lady Willis, that this is a missed opportunity if we do not do that. Clearly a number of noble Lords have talked about the Environment Act, and the fact that it makes it clear that the local nature recovery strategies should give equal consideration to both habitats and species. I think that is a really important part of it.

I would also like to reiterate what my noble friend Lady Jones of Whitchurch and the noble Baroness, Lady Parminter, have said. We have all been incredibly supportive of what the Government are trying to achieve. Having said that, the Wildlife and Countryside Link has expressed concerns to the Secondary Legislation Scrutiny Committee about exactly how this is going to be delivered. I think that is what a lot of the concerns expressed today are actually about.

One thing it drew attention to was the recommendation from environmental groups that a species expert hub should be set up as part of the preparation process. It would be designed to identify a national priority list for species groups and—thinking about what the noble Lord, Lord Lucas, said about the need for a local focus—would provide advice for individual local nature recovery strategies about what their local species priorities should be. So, there is a recognition that we need more support for those local strategies.

However, the regulations and guidance do not include such a hub. While direction to take reasonable steps to identify local nature sites is given to authorities through regulation 6, there is no corresponding regulation requiring efforts to identify local key species considerations. The Government responded to the concerns raised by the Wildlife and Countryside Link, but this particular question was not addressed. So, can I ask the Minister why Defra has decided not to progress these plans for a species expert hub?

We also know that the amount of weight given to LNRSs in the planning system has been raised, both in this debate and by others, as a concern. The regulations impose several duties on local authorities to help the successful preparation of LNRSs, including engaging with other authorities on consultation and strategy, for example. The concern is that, although the regulations do this, they omit the most consequential duty: the requirement to deliver the objectives of the local nature recovery strategy through the relevant local authority’s development plan—which, of course, is why this issue has also come up in the levelling-up Bill.

As the noble Baroness, Lady Willis, and my noble friend Lady Jones said, what is really concerning is that authorities are required to have only a general regard to LNRSs in making planning decisions. That is a pretty weak duty. We tabled amendments to require a stronger duty, but the Government did not want to take them on board. Again, that is why we have returned to this issue in the Levelling-up and Regeneration Bill.

In Committee, the Minister pledged to reflect on the case for greater planning weight for LNRSs. As we move into Report, we will continue to seek progress on this, particularly through the amendment in the names of my noble friend Lady Jones and the noble Baroness, Lady Parminter. Will the reflections the Minister has been carrying out lead to the Government accepting my noble friend’s amendment—or would they consider tabling an amendment of their own—in order to strengthen the position of LNRSs within our planning legislation? As the noble Lord, Lord Teverson, said, these decisions need to be embedded in the planning system if we are to make genuine progress.

Concerns have recently been raised about the Government’s ongoing commitment to the environment. I do not doubt the Minister’s commitment at all, but the recently published Climate Change Committee report has some worrying comments in the foreword written by the noble Lord, Lord Deben, including the paragraph where he says:

“I urge Government to find the courage to place climate change once again at the heart of its leadership. It would be a terrible error if we in Britain hesitate just as the rest of the world wakes up to the opportunity of Net Zero”.


The report also notes:

“Land use and agriculture in England remains one of the few sectors where the Government has not set out a coherent, strategic approach to coordinated policy to meet the multiple needs for land”.


Both the noble Baroness, Lady Willis, and the noble Lord, Lord Teverson, mentioned ELMS as a way to drive the strategy forward. The report also notes that the land use strategy will be important for biodiversity, but warns that it

“must clearly outline the relationships and interactions with other relevant strategies and action plans across the UK”.

Can the Minister give an assurance that the strategy will work alongside local nature recovery strategies rather than building in more layers of complexity?

The report also mentions the spatial planning system, noting that it

“continues to cause issues, with inconsistent and misaligned decisions undermining local efforts to deliver Net Zero actions. The Government has committed to undertake a full review of the National Planning Policy Framework … to ensure it contributes to mitigation and adaptation as fully as possible”.

As local nature recovery strategies will interact with the NPPF and form part of the biodiversity net gain requirements, how will these different schemes interact?

Finally, in his resignation letter, former Minister the noble Lord, Lord Goldsmith, wrote:

“Our efforts on a wide range of domestic environmental issues have simply ground to a standstill”.


The noble Baroness, Lady Willis, demonstrated her expertise in her excellent introduction. I am sure we will all listen carefully to the Minister’s response to see whether he is able both to reassure her on these issues and to restore some confidence in his Government’s commitment and approach to the environment.

Live Animals: Export Ban

Baroness Hayman of Ullock Excerpts

Monday 10th July 2023 Lords Chamber

[Lord Benyon (Con)]

It is certainly not the latter. You have a manifesto commitment, which you deliver over the course of a Parliament—that is what we are going to do. But the noble Baroness can sleep easy, because not one single animal is being exported. There is one vessel, the “Jolene”, which operates out of Ramsgate, which has not exported a single animal for fattening or slaughter. The concern that people have is that animals are going to be exported to other parts of Europe that have lower welfare standards in their slaughterhouses than we do in ours. That is a legitimate concern—and something that the Government want to make sure will not recur.

[Baroness Hayman of Ullock (Lab)]

My Lords, the Minister said he hopes this is going to be a government Bill, so why does he not just bring back the kept animals Bill?

[Lord Benyon (Con)]

One of the items in the kept animals Bill, on the keeping of primates as pets, is a good example of something we can deliver more quickly than we could in an all-encompassing Bill, and we are going to do that through secondary legislation. We are in consultation with a number of people who will bring forward items through Private Members’ Bills, with the Government’s support. We want to get all of them on the statute book, but I hope that the noble Baroness, like me, is proud of what this Government are doing for animal welfare.

Water Industry: Financial Resilience

Baroness Hayman of Ullock Excerpts

Tuesday 4th July 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, back in December last year, Ofwat outlined concerns about the financial resilience of several water companies, and now we see that the ratings agency S&P has negative outlooks for two-thirds of the UK water companies that it rates because they are overleveraged and beholden to too much debt that was taken on in an era of low interest. How does the Government’s assessment of the overall resilience of water companies compare with that analysis? Have the Government looked at the impact on customers of these financial deficits, and how will they encourage investment into much-needed infrastructure in order to secure reliable and sustainable water supplies for the future?

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank the noble Baroness for her questions. First, this will not impact on customers. Their bills are regulated by agreement with the regulator, Ofwat, and we do not expect any reduction in service—that is also strictly monitored. We think that investment by water companies into our water sector infrastructure is important, which is why we have agreed that there will be the largest-ever investment—£56 billion—to see our infrastructure further improve.

Since privatisation, £190 billion of capital investment has been made. In real terms, that is twice what was happening at the same rate prior to privatisation. We have also seen improvements in the provision of water for customers, and we want to see that continue. We look very carefully at, and work with, Ofwat and the water sector on concerns about leverage—I share the noble Baroness’s concern about some of the companies’ degree of leverage. It is interesting that the level dropped last year from 72%, where it was in 2021, to 68%, which was roughly the same as it was in 2005, having risen from 37% when the previous Government were in position. However, Thames Water in particular has a much higher leverage rate, which has rightly caused concern for the Government and the regulator. That is why we are working with it to make sure that it is viable. We believe that with £4.4 billion of liquidity in its business, it can trade through this.

Disposable and Reusable Nappies

Baroness Hayman of Ullock Excerpts

Wednesday 28th June 2023 Lords Chamber

[Lord Benyon (Con)]

In the Plan for Water published in April we said that we were going to do this, and 96% of respondents to our call for evidence supported a ban on wet wipes. More information on the proposed timing of any ban will follow the announcement of the details of that consultation.

[Baroness Hayman of Ullock (Lab)]

My Lords, the life cycle assessment study showed that the environmental impact of reusable nappies varied greatly depending on how they were laundered—for example, not tumble-drying and using lower temperatures. Are the Government prepared to look at incentives to encourage the use of reusable nappies and at the same time provide information, working with manufacturers, as to how best to wash and look after them to have the least impact on the environment? We really need to get to the bottom of this issue.

[Lord Benyon (Con)]

Congratulations to the noble Baroness on the joke of the day. We want to assist consumers in making the right choices. The Competition and Markets Authority has produced guidance on green claims and is investigating both how products and services could be more eco-friendly and how they are marketed—that is one part of it. The noble Baroness is right. We calculate the figures on potential nappy use in future on children being potty-trained by the age of two and a half. I am sure that most noble Lords were probably nappy-trained within two and a half months. If we can encourage the better use of green tariffs and other uses of electricity, as the noble Baroness, Lady Bennett, mentioned, I am sure that the differential between disposables and non-disposables can be improved.

Hunting Trophies (Import Prohibition) Bill

Baroness Hayman of Ullock Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Baroness, Lady Fookes, for bringing this forward today and Henry Smith MP for steering it through the other place. This is clearly an issue on which there are strong feelings. It is clear from this debate that there are strong views on each side and, frankly, I do not think there is much room to come together in the middle. When the noble Earl, Lord Erroll, was talking about old cantankerous males, I wondered whether he was actually referring to some Members of the House of Lords—let us hope not. I thank the noble Baroness for her very powerful introduction to this Bill; her passion for animal welfare brings her huge respect across the House.

I remind noble Lords, as others have done, that the proposed ban has widespread support from the public and, as we have heard, clear cross-party support in Parliament. As noble Lords have said, it was in the manifestos of major parties. Action against this terrible sport—if you can call it a sport—has already taken place across the globe. France and Australia banned the import and export of lion hunting trophies in 2015 and the Netherlands banned trophy imports of more than 200 species in 2016. The noble Lord, Lord St John of Bletso, talked about canned hunting in South Africa. A few years ago, as I am sure he is aware, South Africa unveiled plans to terminate its multimillion-dollar lion-breeding industry, which supplies lions for trophy hunts as well as for tourism and traditional medicine. If there is one point of agreement in this debate, it is how appalling canned hunting is.

I will pick up some of the main points that have been discussed. We have discussed that hunting supports conservation and local communities. We believe that trophy hunting can have detrimental effects on wildlife populations, especially when conducted irresponsibly or without proper regulation. Some endangered or threatened species may be targeted by trophy hunters, exacerbating their decline and hindering conservation efforts. Trophy hunting has a history of mismanagement, with quotas based on inadequate data, unsustainable hunting quotas and a lack of transparency. The economic benefits generated from trophy hunting have also often been overstated, with only a small proportion of the revenue actually reaching local communities or conservation programmes. Such assertions are data-deficient and have been shown to be false whenever even the most basic interviews with communities and independent analysis are conducted. If such funds reach local communities, they are entirely negligible for conservation efforts compared to the damage inflicted by the industry through the irreversible loss of key natural resources.

There has been much talk about evidence and experts, on both sides of the argument. From my reading and research, the argument that trophy hunting is necessary for conservation funding does not seem to stand up to scrutiny. Surely, it is simply counterproductive to the overall idea of conservation. Why do you need to shoot something you are trying to protect?

Trophy hunting can also disrupt the delicate balance of ecosystems, as noble Lords have mentioned during the debate. We have heard that removing key individuals such as dominant males can lead to social instability in animal populations, affecting their reproductive success and overall health, and that this imbalance can have a cascading effect on the ecosystem as a whole.

There is a wide variety of targets a trophy hunter may focus on. However, the most common targets are the African big five: the African elephant, the Cape buffalo, the African leopard, the African lion and the black rhino. Four of these majestic animals are currently considered to be endangered. In the sport of trophy hunting, it is also common for hunters to find the largest and strongest male. A number of noble Lords have talked about the impact this can have on the gene pool for such species, leaving each generation weaker and making it more difficult for them to survive in the long term.

Although hunting groups will claim that controlled trophy hunting does not harm populations, that evidence seems to show that the opposite is true. Approximately 600 African lions are killed every year on trophy hunts, including those in populations that are already declining from other threats. The adult male lion is the most sought-after trophy by wealthy foreign hunters; shooting an adult male, such as Cecil, can generate a one-off trophy fee of around $15,000.

Let us have a further look at the economics. In its report Big Game Hunting in West Africa, the International Union for Conservation of Nature says:

“Returns for local populations, even when managed by community projects … are insignificant, and cannot prompt them to change their behaviour regarding poaching and agricultural encroachment. The number of salaried jobs generated (15,000 all over Africa) is low considering that 150 million people live in the eight main big game hunting countries, and that hunting takes up 16.5% of their territory.”


Hunting also directly competes with and undermines truly sustainable and economically important revenue generation from alternative means such as ecotourism and photographic. The noble Baroness, Lady Sanderson of Welton, gave some examples of this. Just because the alternatives for economic development may not necessarily work to begin with does not mean that more work should not be done and they should not be invested in and developed for the future. There is no reason why they cannot generate revenues to cover the real cost of conservation and effective anti-poaching work, as well as providing well-paid permanent jobs for local people without causing harm to animals.

Poaching has been mentioned at length in this debate. We need to recognise that trophy hunting, as well as being cruel and unjustifiable, in my mind, can act as a cover for illegal poaching. While a certain amount of regulation does take place, it is not enough to prevent trophy hunts being used as a cover for poaching. According to a report entitled The Myth of Trophy Hunting as Conservation, by Save African Animals,

“Opening up even a limited legal trade creates a smokescreen for poachers which is almost impossible to police.”


Let me draw a comparison with whaling. Before the whaling moratorium was introduced in 1986, legal quotas were widely used as covers for poaching, driving some species near to extinction. The same is now happening with the trophy hunting of endangered species.

We have also heard about the idea of a licensing exemption—that has been talked about quite considerably. The noble Lord, Lord Bellingham, introduced that element in his speech. I may be wrong, but this appears to propose a model that resembles licences for trophy imports awarded under the United States’s Endangered Species Act. I think it would be disproportionate to include this in the legislation, as it would introduce considerable cost and administrative burdens, as well as creating the risk of judicial review. Indeed, a director for the US Fish and Wildlife Service explained that it faced challenges during a recent lawsuit. He said:

“The International Affairs Program currently has a backlog of applications and insufficient staffing and resources to keep up with the very high workload and backlog. Staff time also must be spent defending against multiple lawsuits filed in federal court concerning the Service’s administration of permits to import sport-hunted elephant trophies and other permitting responsibilities”.


Surely this is not a situation we should seek to emulate.

Moreover, a system to assess whether import permits should be issued for hunting trophies from threatened species according to certain criteria would be heavily, if not exclusively, reliant on data and reports from exporting countries, which have proven time and again to be unreliable. It is of particular note that a letter we discussed mentioned by the noble Baroness, Lady Fookes, signed by African experts, said:

“Trophy hunting has a history of mismanagement with quotas based on inadequate data”—


as I have said.

There seems to have been an element in this debate of picking and choosing which experts you want to believe. It is not reasonable for the people who signed that letter to be completely dismissed, just as we need to listen to other arguments being put forward. I do not believe that trophy hunting is helping to save our planet; it is driven by the trophy hunters’ desire to kill and then boast about it. As inhabitants of our planet, it is our responsibility to address this, as losing animals of such great importance would be a terrible loss. In my personal opinion, trophy hunting is cruel, inhumane and unjustifiable. It is also morally objectionable. Killing animals for so-called sport or as a form of entertainment is unnecessary and cruel. It also raises questions about our responsibility towards other living beings and challenges the notion of conservation based on killing. I have never been able to understand why anybody would want to kill a beautiful creature then pose for a photograph with a dead animal, let alone bring its head home.

We have heard that society is changing, and it is. Societal attitudes towards animals and conservation are evolving, and there is growing pressure on Governments to re-evaluate their position on practices such as trophy hunting. The noble Lord, Lord Selkirk of Douglas, talked about it as a moral wrong, and I agree with him, so I am proud to support the Government today and hope that the Minister will be able to address many of the concerns, because it is time the UK joined others around the globe and banned the importation of hunting trophies for good.

Shark Fins Bill

Baroness Hayman of Ullock Excerpts

3rd reading
Friday 16th June 2023 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank noble Lords from across the House for their support for this simple but important piece of legislation. It will ban the import and export of shark fins in the UK and take a stand against the barbaric practice of sharks being caught, having their fins sliced off and being thrown back into the sea to have a slow, lingering death. Thankfully, the UK is now making it clear that this practice must stop, setting an example to our global trading partners, which we hope will follow suit.

I pay tribute to my honourable friend Christina Rees for passionately and expertly steering the Bill through the Commons. I thank the Minister and the wonderfully supportive staff in Defra, who did much of the heavy lifting on this Bill, particularly Lara Turtle and Cat Bell. Most of all, I place on record my thanks to the many marine and shark conservation groups that have campaigned so effectively on this issue, in particular, the Shark Trust, Bite-Back and Shark Guardian.

This Bill sends an important message about the importance of marine conservation. As we discussed at Second Reading, it is not a substitute for a more comprehensive animal welfare Bill, but for now we take pleasure in the passing of this Bill. I beg to move.

[Baroness Hayman of Ullock (Lab)]

My Lords, I want briefly to thank my noble friend Lady Jones and Christina Rees MP in the other place for bringing forward this Bill. It is an important piece of animal welfare legislation. I am delighted that the Government chose to support it and that we will see it pass. I thank everybody who worked on it and supported it.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I will make a statement on the legislative consent in relation to the Bill. The Bill was amended in the other place to make provision across the United Kingdom. As noble Lords will know, child maintenance—

Agricultural Tenancies

Baroness Hayman of Ullock Excerpts

Monday 12th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I begin by welcoming this Statement and the fact that the Government are agreeing to implement many of the recommendations from the Rock review. I also thank the noble Baroness, Lady Rock, and everybody who has been involved in the Tenancy Working Group for their work in producing such an excellent report.

Why does this report matter? Tenant farmers remain an important part of British agriculture. Tenants farm 30% of farmed land in the UK, and this is a traditional means of entry for young farmers who do not happen to inherit a farm.

Tenant farmers are vital if the Government are to meet their ambitious commitments across food security, the environment and climate change, as well as levelling up rural communities. A clear government commitment to the agricultural tenanted sector is important to the future of farming in this country, so it is very good to see that, as the Statement says, three-year agreements are now being offered for tenants to participate in the sustainable farming initiative. Yet, according to the Tenant Farmers Association, a lack of security over the future and not knowing if they will still have their farms in five years’ time is the biggest worry for most tenant farmers, who are under a farm business tenancy. This therefore provides very little incentive for them to invest in the medium to long term in their farms.

In commenting on the Government’s response to the review, the noble Baroness, Lady Rock, said that she was disappointed that they had not recognised its findings regarding the increase in new clauses being inserted into farm business tenancies that reserve the right to enter public and private schemes solely for the landlord. Can the Minister tell us why the Government made that decision?

The Statement also says that the Government must

“remove any remaining barriers to accessing our farming schemes”.

This, of course, includes much more than just the sustainable farming initiative. Why did the Government not accept the proposals from the Rock review to make it easier for tenants to enter the tier 2 and tier 3 versions? This is where a lot of the schemes will sit. I am thinking particularly, for example, of Countryside Stewardship and landscape recovery. Can the Minister also tell the House how the Government intend to deliver the review’s recommendations on securing tenant access to the new environmental land management schemes on tenanted land when there is no landlord consent?

The noble Baroness, Lady Rock, also said that she was

“disheartened that the Government has avoided the recommendation to allow tenant farmers to have a fair basis on which to engage in diversified activities and that the proposal to involve the independent Law Commission has been downgraded”.

Again, can the Minister provide an explanation as to why these decisions were taken?

I move on to the next announcement in the Statement: the establishment of the farm tenancy forum. We very much welcome this, but is the Minister able to further clarify its role? It will be important that it does more than just monitor and ask for further evidence. It will need to fulfil its task of implementing the Government’s response to the Rock review—all the good things that are in that—and should not be just a rolled-over version of its predecessor.

We are pleased to see that the Government are going to progress the development of the new code of practice and very much welcome the leading role to be taken by the Royal Institution of Chartered Surveyors.

Regarding the further consideration of the recommendation of a tenant farming commissioner, the review clearly laid out exactly why this is needed. Can the Minister assure your Lordships’ House that the call for evidence will be carried out with a real sense of urgency?

Finally, we know that there is continued anxiety around the future of farming and a need for more training and business support, so we very much welcome the commitment in the Statement regarding the new entrant support scheme pilots. Can the Minister provide any information as to when we are likely to have more detail about that? It would be interesting to know how long the pilot scheme will last, when they are likely to implemented and so on. Encouraging more people to enter farming is vital if we are to have a thriving agricultural tenanted sector in the future.

I look forward to the Minister’s response, but we warmly welcome the fact that the Government are committed to implementing the bulk of what is in the Rock review.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful for this opportunity to comment on the tremendous work that the noble Baroness, Lady Rock, and her team have done on the tenant farming sector, which plays such an important part in the agricultural provision of the country.

The Statement, given in the other place on 24 May, draws on the government response to the Rock review, which was published in October last year. The review itself was extensive and covered every area of the way that agriculture is conducted by tenant farmers, from relationships with landlords to tax systems. Tenant farmers are now firmly at the centre of the agriculture industry. I am delighted that Defra has proposed setting up a tenant farmers’ forum; that is excellent news. Tenant farmer voices need to be not only heard but listened to.

I read the Rock review, the government response and the Statement, and thought that the Statement was very thin on the detail of the government response and the review itself. The review splits its recommendations into two parts: those requiring immediate action and those taking place over a longer timeframe.

There are aspects of the government response that were good. First, the Government are ensuring that the various ELMS are easily accessible and open to tenant farmers; that is essential. Recommendation 1 gives details of how this could be achieved, including by ensuring that landlords are not able to block tenant applications. However, in terms of the SFI, it is true that tenant farmers have not rushed to take part. Can the Minister say what the Government are doing to rectify that situation?

Secondly, the Government are ensuring that Defra communicates with the tenant sector and that funding schemes are easily accessible to tenant farmers; that is important. Doing this through the farm tenancy forum is also important. Thirdly, they are continuing to invest in farm infrastructure through the farming investment fund by means of grants to farmers, foresters and growers, which will include tenants. Science and technology are moving at a pace; it is vital that tenant farmers have access to resources to invest in innovation. Is the Minister able to say how much of the £168 million in the FIF has been allocated to the tenant farming sector, and is this likely to be sufficient to make a real difference to the tenant farmer?

Other aspects of the response were not so encouraging. Requiring a longer period for implementation is the proposal in recommendation 6 for the appointment of a tenant farmer commissioner. This role would ensure that government policy is tenant-proofed. The commissioner would be able to examine and strengthen any dispute resolution processes. That was met by Defra with a call for evidence over the summer months. This seems to have been in response to industry lobbying with differing views, possibly from the landlord sector. That was disappointing, so I would welcome the Minister’s view on the appointment of a tenant farmer commissioner.

There were also a large number of recommendations, where the government response was to

“work with the … Farm Tenancy Forum”.

While that is exactly what they and the forum should be doing, it seems to me that the Government were pushing a disproportionate amount down to the forum. It would be better if they made a much more positive response to the individual recommendations in the Rock review in the first place.

The chapter on tax contained a number of recommendations, including recommendation 62:

“Reform Stamp Duty Land Tax to end discrimination against”


farmers. The government response to this and to recommendations 56 to 58 was to explore the potential for relief on tenancies of eight years or more and to work with the forum on solutions. Again, that was not as encouraging as it might have been.

In the other place, the previous Secretary of State raised the issue of the Law of Property Act 1925 and the Agricultural Holdings Act 1948, whereby landowners had a right to rent out their land. However, following lobbying by the banking industry, that was taken away through Section 31 of the Agricultural Tenancies Act 1995, which requires that they now need permission from a bank. The question was asked whether the Government had considered repealing Section 31. The Minister’s response was to look into the matter and get back to the right honourable Member. Given the length of time that has elapsed since the Statement was first debated, can the Minister update the House on whether this is likely to be considered?

Tenants, and farmers in general, are bogged down in measuring and monitoring what they do. Recommendation 68 calls for Defra to

“systematise the measurement, monitoring and collection of data on tenants and their involvement in schemes”.

This is not rocket science and it will make a tremendous difference to tenants and other farmers. The Government’s response was quite long and ended with:

“We will keep this question under review as part of our monitoring, evaluation and learning work, to ensure we have all the necessary evidence to inform ongoing policy review and development”.


So that was a no. The Government are obsessed with monitoring and evaluation; as the saying goes, you do not fatten a pig by continually weighing it. The noble Baroness, Lady Rock, has taken an enormous amount of time on this review and produced some workable recommendations which would enhance the lives and viability of tenant farmers. I am disappointed by the government response.

Animal Welfare

Baroness Hayman of Ullock Excerpts

Wednesday 7th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, the Statement we are debating today starts with a list of government achievements on animal welfare. Of course, we always welcome any positive progress on animal welfare measures, but the problem is that that is not really the point of this Statement or why it has been made. What it is actually doing is scrapping the kept animals Bill—legislation designed to protect pets, livestock and wild animals. I point out that we have had to wait until today to debate this, as the announcement was made on the afternoon of 25 May, the last day before recess.

The Bill was first introduced two years ago and was announced again in the Queen’s Speech last year. It would have delivered on a number of Conservative 2019 manifesto animal welfare commitments, including ending the export of live animals for fattening and slaughter, tackling puppy smuggling and banning the keeping of primates as pets. One animal charity has accused Ministers of “an astonishing betrayal”, yet the Statement has the gall to say that this Conservative Government

“have done more than any other party on animal welfare, delivering on”

the manifesto. So, let us remind ourselves about the issue of delivering, because aside from this Bill, the animals abroad Bill was also scrapped. Although I am sure the Minister will say that we have Private Members’ Bills coming to this House, some containing what was in that ill-fated Bill, can he explain why the promises to ban fur and foie gras imports have bitten the dust?

If animal welfare promises are included in a manifesto, they should be delivered. There should not be a pick-and-mix approach by the Secretary of State or Prime Minister of the day as to which proposals are the least likely to upset Tory Back-Benchers. Saying that taking forward the measures in the kept animals Bill individually is the surest and quickest way is an extraordinary statement, when we consider just how long they have been languishing in the Commons. If the Government had been serious about passing this legislation quickly, they could have done so more than a year ago. I have lost count of the number of times that I have asked the Minister and other Ministers about the Government’s commitment to the Bill and when we would see it make progress. I was always strongly reassured, and I genuinely do not blame the Minister for that, but again it is deeply disappointing.

So, what reassurance can the Minister provide that every part of the Bill—I repeat: every part—will make it through this process, with government support, by the end of this Parliament? Can he provide a proposed timetable? Can he guarantee that no part of it will meet the same fate as the promised bans on fur and foie gras imports? Does he agree with Conservative Members in the other place? Conservative MP Tracey Crouch said it was “better than having nothing”, but added that there had been

“an unforgivable delay on the whole bill, which is completely unacceptable”.

Conservative MP Theresa Villiers said she felt

“a sense of frustration and disappointment”.

The Minister will know that I feel strongly that the Government have once again let down those who believe in progress on animal welfare. More than this, the reasons given for dropping the legislation are simply outrageous. To attempt to blame the Labour Party for a Conservative Government’s decision to drop legislation that had strong cross-party support, with no evidence whatever that

“Labour is clearly determined to play political games”,—[Official Report, Commons, 25/5/23; cols. 495-98.]

is an utterly feeble excuse.

I know that the Minister is personally committed to improving animal welfare standards, so I end by saying that it is a shame that he is not in charge, as I believe he would have more backbone on this issue than some of his colleagues in the other place. I look to him to ensure that progress is made.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome the chance to comment on this Statement. The Government have been active on the animal welfare front and I commend their Action Plan for Animal Welfare. I have some questions for the Minister on progress on several fronts on this plan.

I was delighted when the Ivory Act was passed and disappointed that it took so long to implement. I am pleased that the measures in the Act are now extended to cover hippo, narwhal, killer and sperm whales and the walrus, all endangered species.

The animal health and welfare pathway covers farm animal welfare through welfare reviews with a vet of choice. We debated earlier this week the shortage of vets to conduct all the necessary government work. At that time, the Minister detailed the steps being taken to address the vet shortage. Is the Minister able to say whether there are particular geographical hotspots of vet shortage, or is the shortage spread across the country as a whole?

The Statement mentions the new Animal Sentience Committee, the creation of which was not universally welcomed in the other place or in this House. As the committee begins its work next month, is the Minister able to say whether it will be looking at forthcoming legislation across all departments of government, as originally intended, or will it be confined solely to Defra?

I understand the Government’s reasons for not pursuing the kept animals Bill, but I am, nevertheless, disappointed and concerned about certain aspects which the Bill would have covered. The Government appear to be relying quite heavily on Private Members’ Bills to implement strands of their manifesto. As we know, Private Members’ Bills often take a while to complete their passage and are some of the first to fall if there is pressure on official government business.

While I fully support the ban on trading in detached shark fins and banning the sale of glue traps, I am less enthusiastic about the ban on importing hunting trophies. While I think the hunting of large exotic animals for trophies is a revolting practice, there is another side to this. The hamlets and villages which live alongside these wild animals find it hard to make a living out of farming the land, which is often destroyed by marauding game. The expansion of their farming practices into the areas previously inhabited by wild game brings them into conflict with the animals. Villagers are dependent, in some areas, on the exploits of big game hunters for their income. Would not a better system, to prevent the destruction of certain species, be to introduce a quota system, such as used to exist in the USA? There, a hunter could have a licence once every five years to kill a single bear. When his turn came up, he had the year in which to be successful. If he was not, then his licence lapsed, and he had to wait another five years. I readily admit that I do not know if this system still exists in the US, but it did some years ago. I also accept that my comments will not be welcome to those taking part in the debate next Friday on this important issue, and I am not able to be present on Friday but feel both sides of the argument should be heard.

The Government have done much to prevent the export of live animals for fattening and slaughter since 2020, but this is a temporary measure. Can the Minister say when the UK legislation will become permanent and what, if any, barriers there are to this happening soon? There have been several statutory instruments concerning puppy smuggling and banning the importation of mutilated dogs. The Statement indicates that, instead of this being covered by the kept animals Bill and statutory instruments, this will be in a single-issue Bill. Can the Minister say when this might be brought forward—if not in this Session, then presumably in the next?

During the Covid lockdown, we saw a rise in pet ownership, which was coupled with a rise in pet abduction, possibly driven by the rise in the cost of acquiring a puppy or kitten. The Government are seeking, as they put it, to progress

“delivery of the new offence of pet abduction and new measures to tackle livestock worrying”.

I fully support this, but I wonder whether this will be through government legislation or another Private Member’s Bill—can the Minister comment?

Lastly, I want to turn to the issue of keeping primates as pets. This was to have been, for me anyway, a key element of the kept animals Bill. The Government are due to consult over the Summer Recess on the issue of standards for keeping these highly intelligent animals as pets. This gives the impression that it will be acceptable to keep primates as pets. The Statement also refers to secondary legislation as the vehicle for introducing this. If this is the case, which Act will the relevant SI sit under? I am opposed to the keeping of primates as pets and hope the Government will ban this instead of regulating it.

I congratulate the Government on the action they have taken, and intend to take in the future, on animal welfare, and fully support their actions. However, I feel a sense of disappointment that the kept animals Bill will not be the vehicle for achieving further improvement.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I am grateful for the contributions made by both Front-Bench spokesmen. We are a nation of animal lovers and that unites us across this House. Animal welfare has been a priority for this Government, and I say to the noble Baroness that she would be hard pushed to find any Government that have done more for animal welfare than we have. On farms, we have introduced new regulations for minimum standards for meat chickens. We have banned the use of conventional battery cages for laying hens. We made CCTV mandatory in slaughterhouses in England. For pets, microchipping became mandatory for dogs in 2015 and, as she is aware, we have just passed this measure for cats. We modernised our licensing system for activities such as dog breeding and pet sales. We have protected service animals via Finn’s law. We banned the commercial third-party sales of puppies and kittens. In 2019, our Wild Animals in Circuses Act became law, and we have led the world to implement humane trapping standards by banning glue traps. Some of these measures were Private Members’ Bills, but we worked with people in both Houses to make sure that these happened.

As the noble Baroness, Lady Bakewell, mentioned, the animal health and welfare pathway is seeing a real step up in the relationship between vets and farms, and the support we can give to farmers in this important priority for improving animal welfare standards. We had the Animal Welfare (Sentience) Act and the Animal Welfare (Sentencing) Act. Last month, we made cat-microchipping compulsory and, as the noble Baroness pointed out, we brought the Ivory Act into force last year, but we have extended it to cover five other species also.

The noble Baroness is being a bit harsh when she looks at the issue in the round because we have had a lot of success with single-issue animal welfare matters, and we are still committed to the measures in the Bill. With regards to the example raised by the noble Baroness, Lady Bakewell, about the ban on keeping primates as pets, this will be on the statute book before it would have been if we had taken this through as a multi-issue Bill, because we are able to do this through a statutory instrument. I cannot remember the piece of legislation that this will amend or add to, but it will be on the statute book.

We remain committed to banning the export of animals for slaughter and fattening. Noble Lords may be interested to know the number of animals that have been exported since we left the European Union is zero. It is an activity that, through economic circumstances and the availability of the necessary infrastructure, is just not happening, but that never stops the Government being determined to do this.

We have the trophy hunting Bill coming forward; I suggest that is when we will tease out some of the legitimate issues raised by the noble Baroness. On shark fins, we will support the ban. The low welfare issues abroad are certainly matters we can take forward.

On the issues raised by the noble Baroness, Lady Hayman, around foie gras, we are keeping to our manifesto commitment. We are looking at the measures that would be required to legislate. We have committed to building a clear evidence base to inform decisions on banning the import and sale of foie gras; we have been collecting evidence on the sector and will continue options in due course. We are committed to taking an evidence-based approach towards exploring potential action on fur. We have already held a call for evidence and are continuing to explore possible outcomes.

When the noble Baroness looks at every part of the Bill, she will see that nearly all of it will have the necessary parliamentary time. We may be able to find an alternative place to bring in other areas such as zoo standards, but there is more evidence to collect on that. I am working very closely with the Zoos Expert Committee to make sure that we are doing that.

In reply to the noble Baroness’s point about vets— I am sure this will be raised by others in this House quite shortly—there is a shortage of vets, certainly in government and the APHA. We are treating this situation very seriously and seeking to address it, and we are working with people such as the noble Lord, Lord Trees, to make sure that the new vet schools which have opened in recent years, which are extremely welcome, are training more vets who will remain in the United Kingdom and service us. There is a particular shortage of large animal vets, and we are working with the royal colleges to make sure that we are finding new ways to encourage people to go into that sector and looking at why there is a disinclination for certain people to go into that area.

I have already covered the point about primates as pets. As for the six measures in the manifesto, we will ban live exports, as I have said, and there will be measures on puppy smuggling and primates as pets. Livestock worrying and pet abduction were not in the manifesto, but we are doing work on those issues. I hope also to be able to do something on zoo licensing. In addition to the manifesto, we have supported the glue traps Act, which passed through your Lordships’ House. We brought in extra penalty notices and extra measures for animal cruelty, and increasing the penalties for hare-coursing has been extremely popular with people—as well as with hares. The people carrying out that activity— I speak with some experience on this matter—are not pleasant when they are confronted.

I hope I am able to convince both Front Benches that the kept animals Bill was designed to implement several of our ambitions, including manifesto commitments on banning the live export of animals, cracking down on puppy smuggling and banning the keeping of primates as pets. Its multi-issue nature means that there has been considerable scope-creep. The Bill risks being extended far beyond the original commitments in the manifesto and the action plan. The Bills and regulations that we have passed already demonstrate the enormous progress that can be made with single-issue legislation. Therefore, we have announced that we will take forward measures in the kept animals Bill individually during the remainder of this Parliament. We remain fully committed to delivering our manifesto commitments, and this approach is now the surest and quickest way of doing so.

[Baroness Hayman of Ullock (Lab)]

Before the noble Lord sits down, if he is concerned about the widening of scope, perhaps he should suggest that the levelling up Bill is scrapped.

[Lord Benyon (Con)]

I will definitely feed that very important piece of information through to my colleagues in other departments.