Animal Welfare (Livestock Exports) Bill

Baroness Fookes Excerpts

2nd reading
Wednesday 21st February 2024 Lords Chamber

[Baroness Fookes (Con)]

My Lords, I first declare an interest as president of a branch of the RSPCA and as having had in the past various other close connections with that organisation.

I am most grateful to my noble friend the Minister for his kind birthday congratulations. I have to say that I could not have a better birthday present than this Bill—but it is a bit late coming. I was trying to get this done 50-odd years ago as a young MP—yes, I was young once—in the House of Commons.

My noble friend Lord Norton of Louth has done some research on those Conservative MPs in the early 1970s who had voted against the Government, and he dug up for me a particular occasion where I wanted to see the withdrawal of licences so that animals could not be exported. The Government of the day put in a wrecking amendment, so I voted against it, and on that occasion, we won; animal exports stopped. But of course, as we all know, there has been a history since and I, along with others who share my view, have been spectacularly unsuccessful in getting the ban.

In 1974—50 years ago almost to the day—I asked the Minister for a permanent ban on the export of live animals. He did a bit of waffling about the need to consult, which is the usual thing when they do not want to take action, and I said:

“I recognise the Minister’s need to consult, but will he bear in mind that any attempt to resume these exports will be met with my implacable hostility”.—[Official Report, Commons, 11/4/74; col. 12.]


I have maintained implacable hostility for the 50 years since; but why was I so opposed? Because I heard first-hand accounts at that time from RSPCA inspectors who had gone undercover—the proper government inspectorate did not seem to be working, so they did it themselves—and followed particular consignments right the way through from where they started to where they ended at abattoirs: and it was heartbreaking.

Over the years, millions of animals have suffered in this way. Very often, the vehicles used to transport were quite unsuitable. Sound animals and injured animals were allowed to go together, and some sound animals became injured anyway through the conditions in which they were travelling. Sometimes food and water were missing. The hours, as the noble Baroness, Lady Young, pointed out, were extremely long; and, more often than not, the conditions in which the animals were slaughtered, eventually, were horrifying in themselves. This is why I felt so deeply and strongly and, although conditions may have improved slightly, it is not enough for my concerns. I share the mantra of the British Veterinary Association from years ago that slaughter should take place as near the point of production as possible.

I turn now to the Bill itself, which I warmly welcome. I do see one small weakness: I know my noble friend has indicated that we are covering all the main animals and I accept that entirely, but there could come a time when other animals that are not now exported could be, and they would not be covered. I share the wish to have an amendment put in so that we could have a regulation that permits this to happen. I have looked carefully at all the regulations that we have already, but it does not seem that any of them would cover it. It is actually unusual for me to want regulations; when I was chairman of the committee that looked at these things, I was forever railing against the unsuitable extensive use of regulations. But here I make an exception. I hope that my noble friend might consider this—without, of course, allowing the Bill to fall by the wayside, which is always a concern and a worry at this time.

Others have also mentioned—and I will do so briefly—a concern that animals within the country have better regulations. I would like an assurance from my noble friend that the regulations in place are being enforced. It does not matter how good they are; if they are not enforced, it is as though they are not there at all.

I would also like to see those regulations improved. Unless I am much mistaken, we are still operating on the 2005 regulations from the European Union, which have been transferred into British law and now have some other fancy title that I forget. Anyway, I would like to see them improved because quite a lot of hours are allowed; I think it is 19 hours for calves and more for others. That is far too long. I support the arrangement for small abattoirs to be encouraged so that we can get animals off transport at great length and into abattoirs where we can ensure that the conditions are humane.

I hope my noble friend can give some reassurances on these matters. That said, I have waited a long time for this—and it could not have come at a better time than on my birthday.

Animal Welfare (Livestock Exports) Bill

Baroness Fookes Excerpts

Committee stage
Thursday 14th March 2024 Grand Committee

[Lord de Clifford (CB)]

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

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

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

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

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

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

[Baroness Fookes (Con)]

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

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Lord, Lord de Clifford, set out clearly his reasons for this amendment. At Second Reading, many noble Lords taking part in the debate raised the issue of increasing the number of species covered by this short Bill. Many also made the case for ensuring that the Bill got on the statute as quickly as possible, and certainly before the end of this Parliament.

Increasing the number of species covered by the Bill should be done through affirmative secondary legislation, rather than specified species being added to the Bill. Many issues could come along which might make it wise to add a different species to the Bill. I support the view that, in future, the Secretary of State should be able to make adjustments to match the circumstances at the time, and I believe that this amendment would allow that to happen.

At Second Reading, it was suggested that deer were added, among other animals. I would be reluctant to see deer added to the list unless there were exceptional circumstances to support this. Our country is currently overrun with deer, which are doing immense damage to our trees and woodlands, and in some cases domestic gardens. If we have a surfeit of deer here, we should deal with the problem ourselves, internally. Exporting the problem for others to deal with does not seem sensible or humane. I look forward to the Minister’s comments, but I generally support the aim of these two amendments.

--- Later in debate ---

[Baroness Fookes (Con)]

My Lords, I am pleased to support the various reviews set out in these amendments. I shall concentrate particularly on the first of these, on the import of livestock. It goes some way to deal with worries about lower welfare standards, but it asks only for a review. In other words, the Government could have the review and ignore it completely. One would hope that that would not happen, but I am a cynic, and unless something is written into the law I am not happy that anything will happen.

I would be interested to know from my noble friend the Minister what regulations there are, or what advice is given regarding the welfare of livestock imported from the continent. I have the impression that nothing happens at all. Perhaps he can confirm or deny that point.

My noble friend Lady McIntosh referred to the import of eggs raised under conditions that would be illegal here, but I am not sure whether they are regarded as livestock. I hope that they are, but I would like to hear from the Minister himself whether this is the case.

I support these amendments and the reviews, but I would like to see more teeth.

[Baroness Hayman of Ullock (Lab)]

My Lords, these amendments ask pretty important wider questions about the Bill’s impact on imports, trade and farming. Some extremely good questions have been asked about how we can ensure, when we trade with other countries, that we receive imports that meet the high standards we set for our own farmers.

I turn first to the two amendments in the name of the noble Baroness, Lady McIntosh of Pickering. I was very pleased to add my name to Amendment 2. We need to look at reciprocal arrangements with the EU around imports. The noble Baroness gave a really good example of how farming standards are undermined by imports; she talked about eggs and pigmeat in particular, as well as the fact that, although battery cages are banned here, we can import from countries that still use them.

Poultry is not within the scope of the Bill. As for the livestock trade, I am not sure whether eggs would be included—meat is certainly not included, only livestock—so I am not sure that these amendments fall within the scope of the Bill. However, this is an incredibly important issue that needs to be addressed by both the department and government. As the noble Baroness, Lady Fookes, said, a review is not a big ask. In thinking about when the noble Baroness, Lady McIntosh of Pickering, talked about imported livestock and the fact that the Minister did not have the numbers at Second Reading, I wonder whether the numbers are known at all—or, indeed, whether there is a guesstimate as to how many. It would be interesting to know whether those figures actually exist.

In speaking to her Amendment 3, the noble Baroness, Lady McIntosh of Pickering, mentioned breeding stock. I tried to put down an amendment on that but was told that it was not within the scope of the Bill, so I imagine that the noble Baroness’s amendment is not either. However, again, the points that she made about sanitary and phytosanitary checks on imports are incredibly important, whether we are looking at animal diseases that may reach our shores or that have already reached our shores. It is incredibly important that we are very aware of those border checks.

The noble Baroness, Lady Hoey, tabled Amendment 4. As she did at Second Reading, she raised concerns about the movement of animals in Northern Ireland and their potential onward movement through Ireland to, as she said, wherever; we do not know where animals could end up and what conditions they could be held in. Again, in her amendment, she is asking for a review, in this case a review of the Bill’s impact on trade between Great Britain, Northern Ireland and the EU. To me, that seems a reasonable request.

In speaking to Amendment 5 in her name, the noble Baroness, Lady Bakewell of Hardington Mandeville, clearly laid out farmers’ concerns regarding trade agreements. We are all very aware, I think, of the concerns that have been raised over the last few years while different trade agreements have been agreed or, sometimes, not agreed. The issues of animal welfare and standards have always been at the forefront of those discussions.

I conclude by saying to the Minister that, although some of the debate we have just had on this group is not within the scope of the Bill, these are issues that need addressing.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

I will intervene briefly to support the contents of Amendment 6, as moved so eloquently by the noble Baroness, Lady Hayman of Ullock.

I had to give a wry smile, because I spent hours in the European Parliament passing legislation on the movement of animals, including on the length of journey and the feeding and watering intervals. Can my noble friend say—I cannot remember but I am sure his department will—whether we transposed all the existing regulations on animal welfare at the time that we left the European Union? Is it part of our retained EU law? I do not think we need to start from scratch—that is extremely important. That is true particularly in view of what the noble Baroness, Lady Hoey, was saying about long journeys from Scotland. I am not saying that there should not be journeys from Scotland—it is very proud of its livestock production —but we need to be sure that we have transposed those regulations and that we will not start absolutely from scratch.

That also begs the question that I referred to earlier about the shortage of vets. I was grateful for the briefing we had, over a very enjoyable evening, from the British Veterinary Association. I am sorry that my noble friend was not there, but the Secretary of State was, and he acquitted himself extremely well. The point was made that there is a shortage of vets, and a plea was made to whichever party is in government after the next election—I am sure it will be a Conservative Government, so I am addressing my noble friend very vigorously here—that we should address the issue that the BVA raised about veterinary qualifications and the status of veterinary. This was a big issue in some of the Brexit legislation that went through. We had a number of Spanish and other European vets who left, so there is a shortage of vets.

This is my noble friend’s opportunity to wax lyrical about abattoirs. My husband and I have a voucher—it is rather an odd thing to bid for—to go and visit an abattoir followed by a lunch. We thought we might do it the other way round—we will see how it goes. With the closure of abattoirs, not only are there longer journeys but there is a requirement that a vet is at the abattoir for the duration of the slaughter process. Is that putting undue pressure on vets, as well as all the export certificates that are required in this regard? I am also deeply disappointed that eggs and poultry meat are not included in the remit of the Bill.

[Baroness Fookes (Con)]

My Lords, I am always in favour of anything that might improve the welfare of animals. Of course, one must include this review of the impact. However, on a technical point, I wonder whether this does not go slightly beyond the remit of the Bill itself. We are dealing in the Bill only with the export of animals for slaughter or further fattening, and this refers to export alone, not to animals that are going to be slaughtered. It would be aimed rather at the sort of animals that would be going over for racing, showjumping and the breeding of specialist animals.

Animal Welfare (Livestock Exports) Bill

Baroness Fookes Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am conscious that we are on Report and should not, therefore, repeat speeches we have previously made. We are all aware that the whole thrust of the Bill is to prevent live animals experiencing long and distressing journeys to Europe to be fattened or slaughtered. The Bill is short and specific as to the types of animals within its remit.

The noble Lord, Lord de Clifford, has raised again the issue of extending the list of relevant livestock. As the Bill stands, there can be no extension of species: only those listed in Clause 1(4) are covered by the Bill. I believe this is short-sighted. Those of us involved in the passage of the Bill, both in this Chamber and the other place, are not able to anticipate what other species might become attractive for export for fattening or slaughter in future. During the debates at the various stages, other species have been mentioned by noble Lords. It seems sensible and humane for additional species to be added in future without the need for separate legislation to ensure this happens.

The two amendments from the noble Lord, Lord de Clifford, give the Secretary of State, Scottish Ministers and Welsh Ministers the power to amend the list of “relevant livestock”. This is not an outlandish request but a very sensible and pragmatic way forward.

I am aware of the shortage of legislative time for the Bill to pass. I am also mindful that making amendments means that it must return to the Commons, which would delay it getting on to the statute book. However, I also have the words of the noble Baroness, Lady Fookes, from earlier stages of the debate, ringing in my ears. She said that if it is not in the Bill, it will not happen. I subscribe to that view.

I strongly support these two amendments and am looking for reassurance from the Minister that there will be some flexibility in future to ensure that, if necessary, other species can be included in the Bill.

[Baroness Fookes (Con)]

My Lords, my name has already been mentioned in this regard and, like others who have spoken, I am fully in sympathy with and support of the thrust of the amendments before us. I worry, however, about what happens if we pass such an amendment and it has to go back to the Commons. I do not know how close we are to a general election, but it is all too easy for things to get lost, particularly when there are other major Bills—perhaps of more interest to others than to us—which might get much further ahead in the queue. Having waited 50 years for a Bill such as this to be passed, I am desperately anxious that it does not fall at the last hurdle. So, reluctantly, I would not wish to vote for this amendment, but my heart is there for it. It is simply a pragmatic reaction.

[Lord Trees (CB)]

My Lords, in line with the noble Baroness’s comments, I have a lot of empathy with this amendment and indeed the later amendment from the noble Baroness, Lady Bakewell. If they had been incorporated originally, that would have been perfectly reasonable, but alas, they are not in the Bill. This is a very important Bill and to send it back to the Commons would, as has been mentioned, seriously risk losing it. As it stands, it is an important Bill for the improvement of animal welfare. We have had a lot of animal welfare legislation in the last 10 years, but this is one of the more important examples. The noble Baroness, Lady Fookes, has waited 50 years for it, as she told us on her birthday at Second Reading. Regrettably, I say to my noble friend that I cannot support the amendment.