Leaving the EU: Live Farm Animal Exports

Debate between David Linden and Theresa Villiers

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.