Leaving the EU: Live Farm Animal Exports

David Linden Excerpts

Monday 26th February 2018 Westminster Hall

[Theresa Villiers (Chipping Barnet) (Con)]

I am delighted to serve under your chairmanship, Mr Wilson, and to take part in a debate on such an important issue.

The export of live farm animals can cause great suffering in many cases, as was outlined by a number of right hon. and hon. Members, particularly my hon. Friends the Members for St Austell and Newquay (Steve Double) and for Southend West (Sir David Amess), and the hon. Member for Bristol East (Kerry McCarthy). Last year I proposed a ten-minute rule Bill to implement a ban on the export of live animals for slaughter or for fattening, because I believe it to be unethical to export animals to countries where they can be subjected to treatment that would be unlawful in the United Kingdom.

I am concerned, as are many others who have spoken this afternoon, that the rules regulating the transport and slaughter of animals that are supposed to apply across every EU member state are not always effectively enforced in every part of the European Union once animals leave this country. Many of the sheep exported from the UK are sent to France, but there is clear evidence of inhumane and illegal slaughter practices in a number of places there—a problem acknowledged in a 2016 report by a committee of inquiry in the French Parliament. In my view, that of the people who signed the petition, and that of many of my constituents, it is not acceptable for the UK to send animals to die in such horrendous conditions.

We have had extensive discussion about calves that are exported from Scotland to Spain, and are subjected to a 20-hour sea journey to northern France, and then a drive all the way to Spain. The total journey time can be as much as 135 hours. Morbidity and mortality following transport can be high, and those that survive to reach their destination in Spain can, under the law prevailing there, be kept in barren pens, without bedding, which would be illegal in this country.

Over the years, there have been repeated calls for this harsh trade to be brought to an end. Public concern on the issue dates back nearly 100 years. The 1990s saw mass protests by thousands of dedicated campaigners seeking an end to live exports, but attempts to implement a ban have been blocked by the European Court of Justice as being in contravention of EU law and single market rules on the free movement of goods.

Now that the UK has voted to leave the European Union, we have the opportunity to reopen the question and to decide in this House whether to implement a ban. Although export bans are constrained by World Trade Organisation rules, the WTO appellate body has ruled that animal welfare matters are capable of falling within the “public morals” exception. There are reasonable grounds to believe that the UK would be able to defend a WTO challenge by showing an export ban to be a proportionate response to long-standing, deeply held concerns of the public in the United Kingdom, as illustrated by those many thousands of people who took the time to sign the petition we are debating.

The WTO is not the only potential barrier to delivering an end to live exports, as called for by those who signed the petition. We will only be able to end them if we leave the single market; if we do not, a ban will continue to be beyond this country’s reach, as it has been for so many years. That is another important reason to respect the result of the referendum and leave the single market, replacing it with a new partnership with our European neighbours.

I understand from my discussions with the Secretary of State for Environment, Food and Rural Affairs, for which I am very grateful, that the Government intend to consult soon on how implement the Conservative manifesto promise that we will

“take early steps to control the export of live farm animals for slaughter”.

I appeal to the Minister to publish that consultation, and to ensure that the options considered include a ban on export for slaughter or for fattening. Like the hon. Member for Bristol East and my hon. Friend the Member for Southend West, I think that if we are to tackle the welfare concerns highlighted by hon. Members, the ban needs to include exports for fattening as well.

I believe, as others do, that there is a case for allowing exports to continue from north to south, from Northern Ireland. That is essentially local traffic, and I do not think that it raises the same animal welfare concerns. As I said to my hon. Friend the Member for North Herefordshire (Bill Wiggin), if we genuinely want an end to live exports, we are justified in stating that the exemption for north-south exports should not allow onward transportation to destinations outside the Republic of Ireland.

[Mr Philip Hollobone in the Chair]

I would be very interested to hear from the Minister about the status of an export ban in the United Kingdom as a whole. There have been reports in recent days that the devolved institutions in different parts of the United Kingdom would make their own decisions on this matter, but one would have thought that as a trade matter it would be reserved to the UK Government. It would be useful to have the Minister’s view on that. I am also concerned that there are reports that the Minister for rural affairs in the Scottish Government, Minister Ewing, has indicated that he would not support a ban of this sort. I hope that that view may change.

[David Linden (Glasgow East) (SNP)]

Does the right hon. Lady accept that that is a matter for the devolved Scottish Government, and not for Members in this House?

[Theresa Villiers]

Actually, the question I am posing to the Minister is about whether it is a reserved matter. Whether it is a matter for the Scottish Government or the UK Government, I want to see an end to live exports, because of the suffering that they cause.

It would be very helpful to hear from the Minister when he expects the consultation to be published. I very much hope that it will come out in time for the outcome potentially to be included in the forthcoming Bill on farming, to which the Government are committed. I accept that it is probably too late for a provision on live exports to be in the Bill when it is first presented to Parliament, but I hope it is not too late for the outcome of the consultation on restricting live exports possibly to be added to the Bill through amendment at a later stage. I appeal to the Minister to move forward with the consultation, with a view to ensuring that it is published and completed in time to enable the Government, if they so choose, to add provisions banning live exports to the agriculture Bill before it finishes its passage through Parliament.

--- Later in debate ---

[David Linden (Glasgow East) (SNP)]

It is a pleasure, as always, to see you in the Chair, Mr Hollobone. I commend the hon. Member for St Austell and Newquay (Steve Double) for opening the debate on behalf of the Petitions Committee. Before I move to the substance of my speech and the Scottish National party’s position, I will sum up the comments made by the right hon. and hon. Members who took part in the debate.

The hon. Member for Bristol East (Kerry McCarthy), who is a passionate campaigner in this area, mentioned the Foreign Secretary’s visit to Ramsgate and the promise he made during the EU referendum campaign. I dare say that if it was not put on the side of a bus, it probably did not mean much.

During my time in this place the hon. Member for Southend West (Sir David Amess) has spent an awful lot of time talking about Southend West. Last week I had the fortune—I was going to say misfortune—of having my flight to London diverted to Southend, and as we flew across I saw one or two of its farms. I am conscious that, as the Member for Glasgow East, I am probably the most urban MP taking part in the debate—I have a total of one farm in my constituency—but I was grateful for his contribution to the debate.

The hon. Member for North Herefordshire (Bill Wiggin) is of course an experienced cattle farmer. There was little in the course of his speech that I could disagree with. As I listened to the hon. Member for Gordon (Colin Clark), I was further concerned: as a Scottish nationalist Member, it is unusual to find myself in agreement with Conservatives, but he made an excellent speech, nothing of which I could disagree with. I absolutely agree on the importance of teaching our children where food comes from. Like him, I have a son who is two and a half years old, and at the weekend I explained to him the benefits of us having both pig and cow in our pie. As children grow up, it is important that they understand where the food on our plate comes from. Alongside the right hon. Member for Orkney and Shetland (Mr Carmichael), he made a passionate defence of island communities. I was slightly disappointed that, over the course of the debate, island communities were not recognised elsewhere.

The hon. Member for South Thanet (Craig Mackinlay), who is a passionate campaigner in this area, spoke of the experience in Ramsgate in 2012. I am afraid that we will probably disagree today. The right hon. Member for Chipping Barnet (Theresa Villiers) has introduced a ten-minute rule Bill. She discussed some of the challenges that could flow from World Trade Organisation rules and spoke about reasonable grounds. That does not give me the certainty I would need to give that support.

We also heard speeches from the hon. Member for North Thanet (Sir Roger Gale) and the right hon. Member for Orkney and Shetland, who made a powerful point about farmers and crofters. I am well aware that my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), who is in his place, is a crofter. During the foot and mouth crisis in 2001, it was the farmers and crofters who had the biggest investment here.

I thank the 36 constituents in Glasgow East who signed the petition. In future, it would be helpful if MPs who take part in petitions debates had the opportunity to interact with those constituents. It is deeply disappointing that although Parliament will send us a heat map showing who signed the petition, we do not have the opportunity to follow up with those people who have lobbied us as parliamentarians to come and take part in a debate. That is a point for the Petitions Committee.

It is indeed a pleasure to speak from the Front Bench on behalf of the Scottish National party. I want to outline our position on live animal exports. We are committed to the welfare of all animals during transport within and outwith the UK. I am afraid we cannot support any moves that create further challenges or disadvantages for our livestock sector, or indeed for Scottish agriculture. We feel that current EU legislation is sufficient. Many good measures that protect animals are already in place, including journey logs and, if appropriate, resting at control posts.

In addition, the current regulations make provision for feeding and watering frequencies for livestock in transit. It is important to note, particularly from the Scottish perspective, that very few animals, if any, are exported from Scotland directly for slaughter. Export is largely done for other reasons, namely breeding and production. Long-distance transport of livestock is an important and traditional part of commercial Scottish agriculture. Indeed, the value of exporting is estimated by Her Majesty’s Revenue and Customs at £50 million in 2015 alone.

I want to make sure that the voice of stakeholders is heard during the debate. Quality Meat Scotland states that the Scottish industry

“benefits from being able to import live animals with quality genetics to improve blood lines”.

The National Farmers Union of Scotland has been quoted several times tonight, between the speeches of the hon. Member for Gordon and the right hon. Member for Orkney and Shetland. I too am grateful for the briefing. NFU Scotland is fairly clear about there being no scientific evidence to suggest that animals being transported in current conditions are caused any unnecessary suffering. I acknowledge the previous horror stories, which were outlined by the hon. Member for South Thanet. Those controversies highlight the need for better and more consistent enforcement, rather than a major change in the law. The Government need to appreciate that live exports provide much needed competition within the marketplace, especially at times of peak production or when cheaper imports are placing pressure on domestic prices and demand.

As I have said, livestock production is key to Scotland’s island communities. Without processing facilities on an island, the only option is to transport animals across to the mainland by ferry. In some cases there is a need for animals to leave the island for better forage or winter accommodation, or for finishing purposes. Any attempt to restrict those crossings would be catastrophic to island communities and farmers, and where there is a major supply chain. NFU Scotland’s views on moves to ban live exports for slaughter are quite right and justifiable.

[Angus Brendan MacNeil]

My hon. Friend makes a very good point, and I also want to echo the point made by the right hon. Member for Orkney and Shetland: there is a welfare issue. Animals cannot be kept all year round on some of the islands and so have to move; it is for the good of the animals. Crofters and farmers are often worried about that, and spend a lot of time almost varnishing their nails—that is the level of work people put in when they have livestock. That must be considered. Any ban would endanger animals’ health.

[David Linden]

It may benefit the House to know that my wife is from Na h-Eileanan an Iar—perhaps the second best constituency in Scotland. I visit the Western Isles fairly regularly and am aware that, in the context of the deer cull, forage is an issue. My hon. Friend makes the point well.

A proposed UK framework cannot be another power grab from devolved Governments during the Brexit process. That is the point I was trying to make to the right hon. Member for Chipping Barnet. The Scottish Government reserve the right to follow Scotland’s interests. That should not mean surrendering control of a devolved competence to Her Majesty’s Government.

I have already touched on the subject of the WTO. Ministers have not ruled out a ban on live animal exports, and I shall be interested to see what kind of language the Minister uses when he closes the debate. Before deciding what path to take, they should be clear about the economic consequences of implementing the policy. That means not the devolved consequences, but the economic consequences for the farming industry. Conservative Members talk an awful lot about the opportunities to come from Brexit, for animal welfare and farming. I hope that policy development will extend to all strands of agriculture, including the staff who work in abattoirs.

[Angus Brendan MacNeil]

One of the potential consequences of a ban, if Her Majesty’s Scottish Government do not invoke such a ban, has just occurred to me. Scottish farmers might be in an advantageous position. I am sure that it is not the perverse aim of English Members to disadvantage farmers in England. I should be happy with higher ram prices, I have to say.

[David Linden]

Without straying into the territory of ram prices, which is not something we routinely discuss in Glasgow East, I think my hon. Friend makes a good point. I do not know whether the Minister has considered that issue—perhaps it is why he is reaching for pen and paper.

I was saying that I want policy development to extend to abattoir staff. The Scottish National party, like most parties, takes the view that most animals should be slaughtered as close to the farm as possible. That is why it is important that abattoirs can continue to function properly post Brexit. A staggering 95% of the official veterinarians who work in our abattoirs are EU nationals, so the greatest practical matter that we should consider is ensuring that those EU nationals, many of whom are from Spain, can continue living and working here, staffing the abattoirs.

On today of all days, and given that this is essentially another Brexit debate, it would be remiss of me not to make reference to the importance of staying in the single market and in “the” customs union—not “a” customs union. Failure to do so will result in queues of lorries, backed up with prime Scotch lamb and beef. The Scottish red meat sector already faces enough challenges down the tracks as we are dragged off the hard Brexit cliff edge. It is for that reason that the SNP cannot and will not support any move that creates further challenges or difficulty for our livestock sector, or for Scottish agriculture.