Animal Welfare (Exports)

David Heath Excerpts

Thursday 13th December 2012 Commons Chamber

[Huw Irranca-Davies]

My hon. Friend makes a perfectly formed point.

I shall proceed at a rate of knots now, because I want to touch on the points that have been raised. The hon. Member for Montgomeryshire talked about the Spanish diet given to exported sheep. I am intrigued to know what it consists of; I suspect that it is not tapas. My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) spoke with the benefit of his experience as a well loved and well respected food and farming Minister, although he was not quite so well respected by publications such as Horse & Hound. He made a considered and well balanced contribution, in which he rightly praised the higher standards generally to be found in the UK. He also echoed other Members’ call for a wider review, in the interests of animal welfare and of the industry. He made detailed points about the Ramsgate incident, as did others, and I hope that the Minister will be able to respond to them.

The hon. Member for Brecon and Radnorshire also has huge experience in this area. I do not think that my father-in-law’s sheep ever mingled with his; there was a little obstacle in the way, known as the Brecon Beacons. He focused on animal welfare considerations and raised the issue of zero tolerance. I am looking forward to hearing the Minister define that concept. What does it mean, particularly in the context of repeat offending by individuals, companies or organisations? Are we going to step in and take action much more rapidly in those circumstances? I hope that the answer will be yes.

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr David Heath)]

indicated assent.

[Huw Irranca-Davies]

I am glad the Minister confirms that.

My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty), a member of the Environment, Food and Rural Affairs Committee, made a very good contribution. He talked about getting a fair price for meat exports, which could help to continue the downward trend in live exports. If farmers are able to get a good price for meat on the hook, rather than on the hoof, they will certainly go for that market. I am glad that he also mentioned the importance of listening to the views of the devolved nations and Administrations.

The hon. Member for Tiverton and Honiton (Neil Parish) rightly spoke about end-to-end protection for animals throughout their whole journey. He also mentioned the importance of the right provision of animal welfare being in the right place at the right time. The Ramsgate incident illustrates that need. Having lairage facilities in the right places along the route, for example, is critical. I hope that the Minister’s internal review of the Ramsgate incident will throw up some of those issues for wider discussion. The hon. Member for Tiverton and Honiton also said that live animal exports represent only a tiny proportion of the export market. He is right to say that live exports are declining as a part of the overall meat sector, but they are nevertheless vital for certain farmers, especially those who are not big, wealthy barley barons.

The hon. Member for Brighton, Pavilion (Caroline Lucas) made a good contribution. We have to respect those whose ethical reasoning leads them to form different conclusions from those of other Members who are also exercising their own ethical reasoning. She went into quite some detail about the importance of maintaining animal welfare standards from end to end. She also referred to the very good initiative between Compassion in World Farming and the NFU on the treatment of young calves in the pink veal trade. That initiative has enormous potential, but we need to take consumers with us as well and to brand that. We have done that successfully in other meat areas over the years, but it has usually taken a few years to get there. It is great to see animal welfare organisations working hand in hand with farming organisations to try to create that market.

My hon. Friend the Member for Hayes and Harlington (John McDonnell) talked about patterns of behaviour leading to regular problems. That links back to the question of zero tolerance. I welcome his support for an inquiry, whoever might carry it out. I hope that the Minister will change his mind and express an interest in such an inquiry, but if not, I look forward to hearing the response of the hon. Member for Thirsk and Malton (Miss McIntosh), to whom I have recently written on this issue. My hon. Friend also raised the vital issue of the capacity of the animal inspectors at the Animal Health and Veterinary Laboratories Agency to carry out inspections in the light of the cutbacks and of the rise in concern about confidence in the trade. How will such inspections be sourced, given that DEFRA has already had cutbacks, along with every Department, and is now facing more?

The hon. Member for Southend West (Mr Amess) spoke eloquently about the RSPCA campaign, and I thank the RSPCA, the NFU and many other organisations for contributing to the debate and providing briefings for it. Interestingly, he raised the issue—nobody else did—of the labelling and provenance of meat that is transported to various destinations and rebranded as indigenous to an area different from where it was raised and produced.

I think we all agree that animal welfare considerations in the movement of live animals for trade, for slaughter, for breeding or for other reasons should be absolutely paramount. Logically, the volume and duration of the movements of live animals should therefore be kept to a minimum. That is why in opposition now, as when in government, we want a growth in the trade and export of meat or germ plasm rather than of live animals. That is why in opposition, as when in government, we believe it best that animals are slaughtered as close to the point of production as possible so that the transportation of live animals is minimised and the welfare considerations are lessened. In short, more exports on the hook, not on the hoof, is the right aim.

The trade is legal, and any attempt to ban it, which has wider European and UK-Ireland implications than the focus on any one transit route such as the one through Ramsgate might suggest, would break on the rocks of article 34 of the treaty of Rome. That was the consistent legal advice we received in government—my hon. Friend the Member for Poplar and Limehouse would have received it—so I invite the Minister to intervene to say whether that advice has changed in any way.

[Mr Heath]

indicated dissent.

[Huw Irranca-Davies]

The Minister shakes his head, so the advice is still the same. In that case, our focus must be on the paramount issue of animal welfare considerations for a trade that will continue, to and from the UK and across other parts of the Europe, for the foreseeable future.

--- Later in debate ---

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr David Heath)]

I agree with the hon. Member for Ogmore (Huw Irranca-Davies) that this has been an extremely good debate. The speeches have been well informed, non-sensationalist and have expressed various points of view. I have hugely enjoyed listening to all the contributions from both sides of the Chamber. Members have deeply held beliefs, but recognise the facts. I thank the hon. Member for South Thanet (Laura Sandys) for securing the debate and for her contribution to it. I also recognise that she and her constituents have been put under considerable pressure on an almost daily basis for some time, as has Thanet district council. I commend her on the way she has addressed the issue in question and tried to secure the best possible outcome.

I am particularly pleased that the hon. Lady began by talking about our country’s proud history in respect of animal welfare. We should not shy away from the fact that we have a very good record at promoting animal welfare and ensuring that rules and laws are enforced. The title of today’s debate does not confine itself to live animal exports, although inevitably that is what most hon. Members have wanted to focus on, as it also deals with wider animal welfare issues. Even in the very recent past, we have been making steady progress on improving the welfare of all kept animals. That is not surprising because that is one of the top priorities in my Department and within government. So we have ensured that no hens are kept in battery cages. We have also ensured that our farmers do not use sow stalls, and of course the European ban is coming up. The hon. Member for South Thanet asked me whether there was an instance recently when we had been pressing for European compliance, and I can tell her that that is a clear area where we have been pushing very hard to ensure that other member states comply with the regulation coming into effect on 1 January. I fear that some states will not be ready to have 100% compliance, and that is not acceptable. We have been having discussions with the European Commissioner, who I believe shares that view, to say that that is not acceptable and member states will be expected to comply.

[Miss McIntosh]

We have the opportunity to recognise and celebrate this high standard of animal welfare in this country, which we introduced as early as the 1990s, disadvantaging our own farmers, who have faced what one might call unfair competition from other EU member states.

[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—

[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.

[Sir Peter Bottomley (Worthing West) (Con)]

I am sorry that I have not been in the Chamber for the whole debate, but I have been here for quite some time and speak as someone who was a Minister for agriculture for a time 22 years ago. My hon. Friend is absolutely right that we cannot say that something is illegal when it is not, but I think the test is the degree of reasonableness or unreasonableness that should bring the law in. I think we can agree that unnecessary journeys in bad conditions are undesirable, but we need to draw a line so that we can say when they should become illegal. Clearly, we cannot make them illegal just because they cross a national boundary. Sometimes, journeys are necessary, such as in the cases we have heard about from the Isle of Wight, the western isles, and highland farmers. We need to understand that the public’s understanding and acceptance matter. When circumstances are unacceptable because we care for the welfare of food and farm animals, if the law is not good enough we need to be prepared to change the law.

[Mr Heath]

I think we need to do two things. I agree with the hon. Gentleman and I shall discuss the circumstances over recent months that were, let us be clear, totally unacceptable. We certainly need regulation and law that are fit for purpose and satisfy the requirements, but we need to enforce them rigorously. My view is that in areas of animal welfare, there should not be ifs and buts—we simply need rigorous enforcement. People need to understand that.

People need to understand that if they are looking after animals, they have a duty that is set out in law and we will hold them to it. If they fail in that duty, there will be consequences. That is the message I want to express and I think it would be supported by every good stockman, male or female, in the country who understands that the care of the animals in their protection is of paramount importance.

[Thomas Docherty]

We all seem to be on the same side of the argument. Does the Minister agree that if we went for a blanket ban on exports, it would affect not just slaughter and circuses, but the racehorse industry and its involvement with the great French races? Our colleagues in Ireland would also suffer immensely.

[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.

[Thomas Docherty]

I would like to take the Minister back to the report he has received. He will be aware that the NFU, the RSPCA and indeed this House are keen to see the contents of the report, so can he confirm when he will place a copy in the Library and whether he will sent one to the Environment, Food and Rural Affairs Committee?

[Mr Heath]

I was just about to come to that. The hon. Gentleman raises an important matter. Nothing would have pleased me more than to have immediately published the report, which I was keen should be made public. However, on advice from lawyers in the Department, and having received a specific request from Kent trading standards department, which is pursuing criminal investigations, I reluctantly had to agree to withhold publication until those investigations and possible prosecution actions have been completed. There is a view that release of the document might prejudice those proceedings, which I am simply not prepared to do.

Following Thanet district council’s decision on 29 November unilaterally to lift its temporary ban on the movement of live animal exports out of the port of Ramsgate, and the High Court hearing on Tuesday this week, I can explain the changes made to existing procedures by the AHVLA to help to prevent a recurrence of the events of 12 September. That is why I made a statement yesterday, at the earliest opportunity, so that the House was at least aware of the changes that we have made.

Let me focus on the most important of those changes. The AHVLA has always undertaken a proportion of its inspections at the point of loading based on an assessment of risk. On the basis of the risk that I perceive following the Ramsgate incident, I have asked it to inspect 100% of loadings at the point of loading in order to make sure that the risk at that point is properly assessed. Those inspections are much better, in some ways, than inspections undertaken at the roadside or at points of rest or transfer such as ports. They enable the AHVLA inspectors to undertake over 30 different checks—there is a list—on the welfare of the animals and the facilities on board the vehicle. I want to make it plain that I will maintain that 100% inspection regime for transporters using Ramsgate for as long as I believe that the risk is high. I hope that it is helpful for the House to understand the approach taken.

Earlier we heard reference to inspecting at the port itself. There is a good reason not to offload animals at the port if it can be avoided—doing so distresses the animals. It is better to have a visual inspection on-vehicle following the loading inspection, with veterinary controls at the point of loading. In everything we do, we are trying to make sure that we reduce the stress and improve the welfare of the animals as far as possible.

There is a particular issue at the port of Ramsgate, which, it is fair to say, is not the ideal port for this purpose. I understand exactly why Thanet district council has concerns, as there are other ports that might be better equipped. Having said that, there are problems associated with trying to undertake this very difficult work with live animals when a substantial protest is going on. The hon. Member for Poplar and Limehouse touched on this when he referred to perverse consequences. The protesters are people who care passionately about the welfare of animals, and I ask them to think about whether they are enhancing their welfare by exacerbating the job of the inspectors employed by the Department, who are already doing a very difficult job in very difficult circumstances; I thank them for the care that they take in protecting these animals. People will have to search their consciences in this regard, but I make that plea to them.

I will not go into the other changes to the existing procedures because all those details are in the DEFRA press release and Members can look at them for themselves.

Let me move on to the enforcement of the legislation by the AHVLA. The number of statutory notices served by the AHVLA on transporters using Ramsgate is clearly unacceptably high. Approximately 95% of transporters using Ramsgate are not authorised in Great Britain. All 30 statutory notices served by the AHVLA have been served on transporters who are authorised in other member states and whose vehicles are inspected and approved there or elsewhere. This is a significant issue. It is not about British livestock transporters using vehicles that have been licensed in this country; it is about overseas operators. When we make complaints about conduct, they go back to the authorising authority. In the case of one major operator registered in the Netherlands, we can send reports to the Dutch authorities, and I have been in touch with them. In fact, however, he does not operate in the Netherlands but is merely authorised by the Dutch Government, and that poses problems in terms of enforcement.

[Miss McIntosh]

We had similar protests at Brightlingsea when I was an MEP. At that time the port of Dover had closed for live animal transports, so everything came through Brightlingsea. Could the Minister repeat that 90% of live animal exports now go through Ramsgate? What has happened to Dover and Brightlingsea, because live trade used to go through those ports?

[Mr Heath]

As we have heard, Dover is no longer used. There may be more than one reason for that. I am not sure whether it was because of the damage to its docking facilities or because of the effect of the public protests on a port that has a high throughput of other traffic, but the perverse effect is that vehicles and shipping are being used at Ramsgate that might not be ideal for the purposes of the trade.

[Laura Sandys]

I thank the Minister for all the work he is doing, but what he outlined before the intervention by my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) was the lack of clear accountability and the Department’s lack of ability, as the competent authority, to unravel the different layers of licensing and the different regimes under which licences and competencies are managed. To be frank, we as a Parliament should collectively be pushing this on Brussels, to ensure that there is absolute clarity that the Department can take action and enforce its responsibilities effectively, without having to go through a Byzantine licensing and competency regime.

[Mr Heath]

The hon. Lady makes a very important point. The EU Commission itself notes that the level of enforcement varies significantly between member states. Taking regulatory or enforcement action against transporters based abroad presents legal and technical challenges that do not exist in relation to British-based transporters.

I do not like picking fights with those who argue strongly for animal welfare, but it is wrong for some welfare activists to claim that my Department and the AHVLA have been reluctant to take action against transporters when necessary. Since exports of livestock commenced from the port of Ramsgate, the AHVLA has inspected 113 vehicles at the port and supervised the loading of a further 68 vehicles at its premises of departure and three vehicles at control posts—that is 60% of the total number of vehicles presented for export via the ship, Joline—carrying more than 41,000 farm animals out of a total of 120,471 animals exported from Ramsgate.

As a result of those inspections, the AHVLA has taken regulatory action on 41 occasions, serving 30 statutory notices and issuing 11 verbal warnings. Regulatory action by the AHVLA has resulted in four vehicles being prohibited from continuing their journeys. In addition, 10 vehicles approved and certified in another member state have been temporarily suspended from operating in Great Britain until the necessary modifications have been made to them. Three incidents have been referred to a local authority for investigation with a view to possible prosecution.

I repeat and make clear that I will not tolerate the use of sub-standard or faulty vehicles that, in the view of the AHVLA, are not fit for purpose. I am confident that the AHVLA will continue to take robust action against any transporter using poorly equipped or designed vehicles in the future.

I, the hon. Member for Ogmore and others have mentioned the EU Commission’s recent report on the impact of transport legislation. The EU has competence in the area of animal welfare during transport, so we cannot take any unilateral action. That would be contrary to the requirements of Council regulation 1/2005, which has been mentioned many times. This is an important legal point and it is essential that people understand it. Although article 1 of the legislation permits member states to take stricter national measures, they can only apply to transport taking place entirely in their own territory or during sea transport involving trade outside the EU. Stricter national measures do not apply to intra-Community trade, so we are not in a position take unilateral action.

A point that has not been raised much today, but that has been raised outside the Chamber, is lairage at Ramsgate port. It has been claimed that Ramsgate port requires lairage facilities at or close to the port so that the requirements of the EU welfare in transport legislation can be properly enforced. That is not correct on two counts. First, there is no legal requirement for such facilities at a port that operates a roll-on/roll-off ferry service, such as the MV Joline. Those who claim that such facilities are needed at the port appear to have confused the legal requirements for livestock vessels, which animals are physically loaded on and off, with those for roll-on/roll-off vessels that do not require the loading or unloading of animals at a port.

It must be remembered that the EU legislation places a legal responsibility on transporters to minimise the length of the journey. There is also a requirement that the competent authority must not detain animals in transport, unless it is strictly necessary for the welfare of the animals or for reasons of public safety. I have touched on the point that the routine unloading of animals is also wrong from the animal welfare perspective. The EU legislation acknowledges that the unloading of livestock during transport is stressful for the animals, can lead to injury and increases the risk of animal diseases.

As a result, the AHVLA will unload animals only when it is absolutely necessary. Should it need to do so, because other options are not practical in the circumstances or because it is in the best interests of the welfare of the consignment as a whole, two farm-based facilities are available within one hour’s drive of the port. Those facilities have been used by the AHVLA on four occasions in the recent past. We believe that their existence continues to fulfil the legal obligations on DEFRA as the competent authority under the EU welfare and transport legislation.

Some Members have pointed to the fact that the last audit inspection by the food and veterinary office, which is part of the European Commission, engendered exchanges concerning emergency unloading facilities close to the port of Dover. The facilities that we now have were not available when that report was written, so it is not directly relevant.

The issues that the Commission has identified in the enforcement of the EU welfare and transport legislation are crucial to our understanding of this subject. This is where we all share common ground, even those who feel that we should not be exporting animals beyond our shores. The welfare of animals in transit is what we all want to achieve.

Sadly, there are still cases in which severe animal welfare issues persist. The Commission has identified key areas of concern, not within the UK, but across the EU. Those are the transport of unfit animals, the overstocking of vehicles, the transport of animals in vehicles in which the internal height of the compartments is inappropriate, animals not receiving enough water during the journey, and animals being transported for longer than the maximum permitted journey time. Having identified those issues, I am disappointed that the Commission is not taking decisive action to address them. We will push hard for it to do so.

This matter has not been raised when I have attended the Agriculture Council, but it was raised at the Council in June. My predecessor, the right hon. Member for South East Cambridgeshire (Sir James Paice), while supporting the Commission’s desire for better enforcement, recorded his desire to see improvements to the legislation, particularly through a review of the journey time rules in the light of more recent scientific evidence. That point has been raised by several Members in this debate. The right hon. Gentleman also said that the Government could not support the demand for a maximum limit of eight hours on all journeys involving livestock because the scientific evidence does not support such a limit for all major species of livestock.

The committee on agriculture and rural development of the European Parliament appears to support that view in its recent report on the protection of animals during transport. The report recognises, among other things, that such a demand alone has no scientific basis, and considers that animal welfare during transport in some instances depends more on proper vehicle facilities and on the proper handling of animals, as documented in the opinion of the European Food Safety Authority of December 2010, than on the overall length of the journey.

Although we will continue to press the EU Commission to update EU legislation on welfare in transport in line with available scientific evidence, it has decided to take a more strategic approach by tying the rules on transport more closely to requirements in the official food and feed controls legislation—regulation 882/2004—which is currently being re-written. Although it is possible that such a move could help to solve some of the problems with enforcement mentioned by the EU Commission in its report, it is too early to form a judgment on whether that is the most appropriate method of doing so.

[Thomas Docherty]

The Minister is doing an excellent job of setting out a complex set of arguments. He will recall that my hon. Friend the Member for Ogmore (Huw Irranca-Davies) suggested that the Environment, Food and Rural Affairs Committee look at this issue, given its complexity. I know that the Minister has covered a lot of topics, but before he concludes his remarks will he tell the House his observations on the merits of that suggestion, and say what issues could be looked at? Would he welcome an opportunity to give evidence to that Committee?

--- Later in debate ---

[Mr Heath]

I am grateful to the hon. Gentleman for raising that and this is probably an appropriate place to begin drawing my comments to a close. Some of what I have said has been a little complex and dry, but it is important to set out the legal background to some of the issues and I hope that I have answered in main the points raised by hon. Members.

I want to thank all hon. Members who took part in the debate, including the hon. Members for South Thanet, for Bristol East, for Montgomeryshire (Glyn Davies), for Tiverton and Honiton (Neil Parish) and my hon. Friend the Member for Brecon and Radnorshire (Roger Williams). Although the speech by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) was brief, it was beautifully formed in a pre-Christmas spirit that somehow seemed so appropriate. All those Members have practical experience in this area.

I also thank those Members with a genuine interest, concern and expertise in this area such as the hon. Member for Poplar and Limehouse, for whom I have a great deal of respect, as well as the hon. Members for Dunfermline and West Fife (Thomas Docherty), for Brighton, Pavilion (Caroline Lucas), for Hayes and Harlington (John McDonnell) and for Southend West (Mr Amess).

[Thomas Docherty]

What about the hon. Member for Ogmore (Huw Irranca-Davies)?

[Mr Heath]

I have mentioned the hon. Member for Ogmore many times and covered what he said almost word for word. It is unnecessary for me to say again that he and I agree on this issue to a large extent, and that is as it should be because this matter ought to transcend party labels.

I said that I do not want a formal review on this issue, and I do not see any great attraction for one in the Department at the moment. I will, however, continue to consider whether I should change my view on that. However, I want to review all our animal welfare issues, and live exports is just one among many. Whatever we do, I want to ensure that this country has the highest levels of animal welfare and protection—I hope I have given a flavour of that to the House—and that regulations and laws are enforced rigorously. I want an environment in which people understand that they must carry out that duty if they look after animals, whether a domestic pet, flock of sheep, herd of cows or killer whale. Whatever animal people look after, they must do so properly as it is their responsibility and we will enforce that.

If the Committee wants to undertake a review—it is not for me to tell it whether it should or not—I would be delighted for it to do so and happy to provide any evidence and support it needs to do its work properly. That is a matter for the Committee to decide. The Government welcome this debate and the opportunity to put on the record some of the things we have done and will do to ensure that what happened at Ramsgate on 12 September does not happen again. Wherever possible we must maintain the highest possible levels of animal protection in this country, which is what the House wants us to do.