Animal Welfare (Exports)

Chris Williamson Excerpts

Thursday 13th December 2012 Commons Chamber

[Mr Heath]

That is precisely the case, and now is the time to level that playing field for our producers. We have commitments—I have personally been given commitments—from the main retailers in this country that they will not import meat derived from non-compliant states. I want to hold them to that, because it is only fair to our producers that if they are expected to comply with high welfare standards, as they should be, others have to do the same.

[Chris Williamson (Derby North) (Lab)]

On that wider theme, what would the Minister say about the importation of foie gras? Would he be sympathetic to trying to take measures to prevent the cruel practice that takes place on the continent, with that product then being imported into the UK?

[Mr Heath]

My personal view is that people should not buy foie gras, because of the method of production. It is up to people to make their own decision about what they buy, but unless there is a humane way of producing foie gras, and I am far from convinced that there is, they should make that decision when they decide what to put into their shopping trolley—I suspect that foie gras is rarely put into a shopping trolley—and what they ask people to provide for them. We have taken a view in this country; foie gras is a legal import and therefore there is no constraint that we can place on its importation, but we can ask people to think carefully about what they buy. I hope that that answers the hon. Gentleman’s question.

Let me continue setting out our recent measures: we have set a maximum stocking density for meat chickens that is lower than that required by European regulation; we have made sure that farm inspections are better targeted on the farms more likely to have welfare problems; for the first time, we have welfare standards for game birds; we have delivered a licensing regime to safeguard the welfare of circus animals, and we are working on delivering a ban, as hon. Members know; we are working on proposals to tackle—

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[Chris Williamson]

rose—

[Mr Heath]

I have just given way to the hon. Gentleman and he cannot really have two bites in the same sentence. We are working on proposals to tackle irresponsible dog ownership and to protect the welfare of animals in slaughterhouses; and we have demanded in Europe better protection for animals being transported for long distances, especially horses and unweaned calves—that comes back to a point to which we will return.

Having set out that broad framework, let me move on to the topic that most of this debate is about: live animal exports. I am going to use phrases that are uncannily similar to those used by the hon. Member for Ogmore in expressing the Government’s position and my personal position. I want to see animals slaughtered as near as possible to their point of production, and I would prefer to see a trade in meat or germ plasm to a trade based on live animals, particularly where journeys may result in livestock travelling very long distances across Europe. There are a number of reasons for that. Quite apart from animal welfare, it helps to support our domestic slaughter industry and is simply more sustainable. We should bear that in mind, too.

Local abattoirs, which are a very important issue, were mentioned, as was the fact that we have lost so many. In opposition under the last Government, I was critical of the fact that we lost so many abattoirs under them. The hon. Member for Ogmore is nodding; he probably remembers me saying that. If he does not, the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) probably does.

The lack of abattoirs is becoming a major issue in many areas. I was on the Isle of Wight the other week and the island does not have an abattoir, so any animals that go to slaughter have to cross the Solent. People on the Isle of Wight would like to have an abattoir on the island. They are right to want one and we need to find ways in which we can support a viable alternative to ensure that they have. If we are talking about never moving animals across any waterways, the Isle of Wight will have a problem. Let us bear that in mind when we talk about what constitutes the export of live animals.

Again, I do not want merely to echo the hon. Member for Ogmore—that is a very bad practice—but I must say, in similar terms to those that he used, that the trade in live animals is lawful and we must remember that. There were a number of legal challenges by local and port authorities in the early to mid-1990s, but none was successful. In fact, some of those authorities have had to pay significant damages to exporters as a direct result of their failed attempt to block the trade by direct or indirect means. That is why, although I understand the sentiment expressed, I have a little difficulty dealing with writing campaigns that use postcards, e-mails and the rest of it to tell me that I must ban the live trade when I have no power to do so. It would fundamentally change the basis of free trade within the European Union area if we were to do so. We might want to do that and consensus might form in the EU at some stage, but it is not there at the moment and it is therefore not within my power to make that change.

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[Mr Heath]

The hon. Gentleman is right. We must be careful what we wish for because there are sometimes unforeseen consequences. Coming from an area where we have lots of excellent stables producing first-class racehorses, I have to say that the way racehorses are transported is very different from the way the average sheep is transported. Let us understand that as a basic rule of thumb. However, it is not unreasonable to expect every animal that is transported to be transported in proper and appropriate transport. That is what I am determined to ensure.

[Chris Williamson]

Will the Minister give way?

[Mr Heath]

I will now give way to the hon. Gentleman as he is persistent.

[Chris Williamson]

I thank the hon. Gentleman for giving way to me for the second time. My hon. Friend the Member for Ogmore (Huw Irranca-Davies), who spoke from the Dispatch Box, called for a review to be undertaken to give an MOT, so to speak, to animal exportation. May I refer the Minister to article 3 of EU Regulation 1/2005, which states:

“No person shall transport animals or cause animals to be transported in a way that is likely to cause injury or undue suffering to them.”

Until we undertake the MOT review that my hon. Friend mentioned, we cannot know whether that regulation is being complied with. I suspect that on almost every occasion undue stress or injury is likely to be caused to the animals concerned. We cannot refute that until a review has been undertaken.

[Mr Heath]

No, I do not agree with the hon. Gentleman. Yes, he is right to read out that article. The legal requirements that the EU sets down for transport have to be in compliance with it. I believe—I will always look to see whether we are right in this belief—that if the legal requirements laid down in the EU welfare and transport legislation are observed, there is a satisfactory level of protection for the animals being transported. It is a highly regulated trade, subject to multiple levels of official controls. There are significant and specific, but I think justified, requirements on the farming and haulage industries. The EU Commission estimates that on average it costs nearly €12,000 to upgrade a vehicle for long journeys, and there are other significant costs.

There is already a regulatory framework. My task is to make sure that movements within this country comply with those regulations, and that we have the framework to make sure that that is the case each and every time. Where it is not the case, as it would appear may have happened recently—I have to couch what I say in careful terms—we take the appropriate actions.

Those controls include the need for all commercial transporters of animals to be authorised. For long journeys, vehicles must be inspected and approved. Drivers must pass a competency test. For long journeys of more than eight hours between member states, transporters must apply for a journey log providing details of the proposed route from point of departure to point of destination. The timings of the journey must be realistic and in line with the maximum journey times and with the compulsory rest periods laid down in the legislation. Once the journey has been completed, the journey log has to be returned and the Animal Health and Veterinary Laboratories Agency, which has been mentioned many times in the debate, checks to make sure that there have been no infringements of the legislation during the course of the completed journey. If there have been infringements, AHVLA will take the appropriate enforcement action.

Somebody—I am afraid I do not remember who—suggested that that was a passive arrangement. It is not. I do not have the power to order my inspectors to inspect French vehicles on French roads or Spanish vehicles on Spanish roads. What I can do is make sure that the UK legislation, which is consistent with European legislation, is enforced rigorously. It must be observed.

One of the first situations I faced after taking up this post was the regrettable events of 12 September at the port of Ramsgate. There were serious consequences, as has been well reported, with 40 animals having to be humanely killed. That led me to look very closely at what could be done to ensure the most rigorous and robust enforcement of the existing legislation in this country, and I am absolutely committed to doing that.

The first thing I did was ask AHVLA to undertake a review of its existing procedures with a view to making the necessary improvements to ensure that, as far as possible—I was asked earlier to give this commitment—the events of 12 September would not be repeated. I have been given the review and accepted its conclusions, the vast majority of which, I am pleased to say, have already been implemented. As I have made plain publicly, and as other Members have said today, essentially I am asking for zero tolerance of lapses in animal welfare standards and rigorous checks on all journeys where there is a risk that we can identify.

The hon. Member for Bristol East (Kerry McCarthy) asked about a fit and proper person test—[Interruption.] She is looking dubious, so obviously I have misrepresented her. I apologise and will let her have the credit anyway, even though it was my hon. Friend the Member for South Thanet who raised the matter. I think that it is crucial to our understanding of what is and is not within the powers. There is no test in those precise terms, but article 10 of the regulation sets out the circumstances in which the competent authority can refuse to grant authorisation. Basically, that is when the applicant has a recent record of serious infringements of laws relating to the protection of animals, and that includes proving that the applicant has appropriate facilities.

If, after authorisation, a transporter authorised in the UK commits offences, we can withdraw their authorisation. With regard to transporters authorised in other member states, we can report them to the equivalent competent authority and it should take action. Independently of that, we can prevent a transporter authorised by another competent authority operating here, but we obviously cannot stop them operating elsewhere. Those are important provisions that will come into effect, and I will use them when someone has been convicted of animal welfare infringements, but I make the point that they have to be convicted in a court of law; I cannot do it on the basis of suspicion or anecdotal evidence.