Draft Animal Welfare (Amendment) (EU Exit) Regulations 2019

David Rutley Excerpts

Monday 18th March 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

I beg to move,

That the Committee has considered the draft Animal Welfare (Amendment) (EU Exit) Regulations 2019.

As always, it is a pleasure to serve with you in the Chair, Mr Gapes. This statutory instrument applies to the UK, and is made under the enabling power in the European Union (Withdrawal) Act 2018 to transfer powers currently held by the European Commission to the appropriate UK Ministers. The instrument is technical in nature, and is to ensure a smooth transfer of powers from the EU to the UK. I first make it clear that this instrument does not make any change to policy, except in relation to the recognition of EU-authorised slaughterers; I will set out those changes later.

Secondly, I also make it clear that this instrument in no way diminishes our controls in the critical area of animal welfare. The UK has some of the highest animal welfare standards in the world, which will continue to apply through existing UK legislation and, indeed, retained EU law. There is no intention to use any powers transferred through this instrument from the EU to appropriate Ministers in the UK to reduce animal welfare standards. In fact, that transfer of powers will enable animal welfare regulation in the UK to be further strengthened as new research and evidence emerges.

[Gareth Johnson (Dartford) (Con)]

Can the Minister give me some reassurance—he may have gone some way towards doing so in his opening comments—that post Brexit, his Department will carry out a review of animal welfare protections, giving consideration to how we can improve this country’s animal welfare standards where it is practical and correct to do so?

[David Rutley]

I thank my hon. Friend for his question. I know he has a keen interest in this issue, and I assure him that through the statutory instruments we have been debating over recent weeks, we will make sure that current EU law is brought into the UK. We are committed to going further: we will address the issue of animal sentience, increase sentences for animal cruelty and ban wild animals in circuses, all through primary legislation. We will also ban third-party puppy and kitten sales, which I know is an issue of real interest, not least to my hon. Friend the Member for Lewes. We have a very full agenda.

[Ian Murray (Edinburgh South) (Lab)]

Could the Minister tell us in his opening remarks how much his Department has spent on these statutory instruments in this week alone, let alone the past few months?

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[David Rutley]

I will seek some inspiration during the course of my opening speech. It will be difficult to give specific details, but obviously this SI is part of a broader package of preparing for all eventualities, whether a no-deal scenario or a deal. Of course, within the Department for Environment, Food and Rural Affairs, bringing environmental, agricultural and fisheries legislation into the UK represents a huge, transformational change.

I also assure members of the Committee that, in transferring powers over animal welfare from the EU, we have the expertise and capability within agencies such as the Animal and Plant Health Agency and the Food Standards Agency to robustly enforce animal welfare requirements and ensure that the regulations are strengthened sustainably over time. Animal welfare is a devolved policy area, and frameworks are in place to ensure close collaboration with devolved Administrations in this area, including a consensus that high standards should be retained as we leave the EU.

The instrument primarily makes minor operability changes to three pieces of legislation to ensure that retained direct EU legislation protecting the welfare of animals kept at control posts, while being transported, and at the time of their killing will continue to operate effectively once the UK has left the EU. The first piece of legislation, EC regulation 1255/97, relates to control posts—that is, approved areas for animals to be unloaded, fed, watered and rested for at least 12 hours during long journeys. There are currently 11 designated control posts in the UK, and the EC regulation sets out the health and hygiene requirements for control posts and details how they should be constructed, operated and approved. The SI makes a number of minor operability changes, including updating references and definitions. As is currently the case, the power to designate or suspend control posts will remain devolved to the relevant Ministers in the devolved Administrations. The SI will not alter the current requirements or standards for control posts; those will be maintained after exit.

The second piece of legislation, EC regulation 12005, relates to the welfare of animals during transport and sets out the standards to be applied when moving live vertebrate animals for commercial purposes, as well as the necessary documentation to accompany the journey and the checks to be carried out on consignments leaving or entering the EU. The regulation also sets out the requirement for transporters, drivers and vehicles to be authorised. The regulations before us will enable such authorisation, issued by an EU member state, to continue to be recognised in the UK, an approach that will help to minimise friction at the border and prevent potential animal welfare issues arising from delays in animals entering the UK from the EU.

Finally, the instrument makes technical changes to EC regulation 1099/2009 on the protection of animals at the time of killing, to ensure that it remains operable after the UK exits the EU. The regulation requires that animals shall be spared any avoidable pain, distress or suffering during both their killing and any related operations. It sets out detailed rules on the accepted methods of stunning and killing, as well as the layout, construction, equipment, handling and restraining operations at slaughterhouses. The draft instrument will not alter the current requirements or standards, maintaining them after exit.

I draw the attention of hon. Members to one policy change in the regulations. EC regulation 1099/2009 requires all slaughterers to be trained and competent in the task they undertake, with certificates of competence issued by a competent authority. Currently, a certificate of competence issued by an EU member state must be recognised in the UK. The regulations will end that requirement because the continued recognition of certificates issued by other member states would open up potential enforcement issues. We would be unable to suspend or revoke a certificate if a slaughterer breached the requirements of the retained EU, or domestic, legislation.

The impact on businesses in all parts of the UK will be minimal. By not continuing to recognise certificates of competence from EU member states, a limited number of slaughterhouse employees will need to apply for a certificate from a competent authority in the UK to continue to work here after exit. Applying will cost about £225, and we expect fewer than 200 individuals in the UK to be affected—about 3% of all slaughterers.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

The Minister will know from other Statutory Instrument Committees that I pay close attention to impact assessments, and on page 6 of the explanatory memorandum, it states:

“An Impact Assessment has not been prepared for this instrument as there are limited impacts on business”.

However, the Minister just told us that the measure will have an impact on 200 people. What confidence can we have that it will be only 200, if no impact assessment has been prepared? This sounds like a severe and important change, and I would expect an impact assessment to have been prepared. Does the Minister not agree?

[David Rutley]

I agree that it is an important issue, but on whether there should be a fully scaled-up impact assessment, clear criteria are set out under the Treasury’s better regulation guidance. Because the measure affects only a small number of slaughterers, and the amount of money is small—£225, which, as I was about to say, is often picked up by employers—it falls well below the requirement for a full impact assessment. What I have wanted to do with this statutory instrument, as I know the hon. Gentleman and other Opposition Members have been keen to see, is, where possible, to set out what the costs could be, even if they are small.

I want to reiterate that in many cases employers pick up the costs. In line with the better regulation framework and in accordance with the Treasury Green Book guidance on impact assessments, an assessment was not required for this statutory instrument. Although there was no formal duty to consult because the changes are so minimal, we have engaged directly with industry representative bodies, and more widely, and have received no expressions of concern. The devolved Administrations have been consulted on the instrument and they support this approach.

I thank hon. Members for their contributions so far. The functions are vital if UK Ministers are to carry on their functions relating to animal welfare. Without those powers in UK law, respective UK Ministers would be unable to introduce measures that the EU Commission currently has the authority to introduce on behalf of member states.

It is therefore necessary for the operability of our animal welfare regulations, and to ensure that we can further strengthen those regulations sustainably over time, that we pass the statutory instrument. For the reasons that I have set out, I commend the statutory instrument to the Committee.

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[David Rutley]

I thank the hon. Member for Stroud for—as always—his thoughtful contributions on a number of issues, and I will do all I can to address his points. There may be one or two issues on which I will need to get back to him in writing after this meeting; I hope he will understand, given everything we are trying to deal with today.

[Dr Drew]

I am still waiting for some written bits.

[David Rutley]

Again, I will pick that up afterwards, but I understand.

The hon. Gentleman’s first question, which has come up several times, is why we are not doing more within this SI. It is important for me to say at the beginning that under the withdrawal Act, we do not have the power to make changes to the current legal regime for live exports, welfare at slaughter, journey times, and the other things we have talked about. This SI is not the place to make those changes. However, the hon. Gentleman regularly holds my feet—and those of other Ministers—to the fire on those topics, and he is aware that we have made commitments to bring about changes and are absolutely committed to moving those things forward.

The Government’s manifesto made it clear that we will take early steps to control the export of live animals for slaughter once we leave the European Union. Last year, we sought evidence on how we could achieve that, including through a possible ban. We are currently awaiting advice on that issue from the Farm Animal Welfare Committee, as well as its advice on how we can improve welfare more generally for animals in transport. That advice will be available shortly, and will address both live exports and the transport issues that the hon. Gentleman mentioned.

The hon. Gentleman raised the question of which body will authorise the slaughter certificates: the Food Standards Agency will continue to do so post exit. He also understandably raised issues about slaughter, particularly religious slaughter. He and I were both at the BVA’s annual dinner recently—at which he was a welcome guest, given his contribution to that organisation—and he will remember that at that dinner, I was clear that the Government’s long-standing position is that we would prefer to see animals stunned before they are slaughtered. We accept the right of Jewish and Muslim communities to eat meat slaughtered in accordance with their religious beliefs; however, the Government believe that consumers should have available the information necessary to make an informed choice about their food. We will consider that issue more fully, and actively work on it, once we have left the EU.

[Dr Drew]

Given that so much halal meat, in particular, is exported—it is an important export trade—what additional requirements does that put on the Government to make sure that they effectively deal with this issue?

[David Rutley]

Clearly, we will need to assess the whole issue of food labelling more fully once we leave. The hon. Gentleman knows that we are already working on allergens, which are an important dimension. While we are in the EU, we are limited in what we can do, but when we have left, we can look at this issue in the round. This is not just about religious slaughter, although that is one key dimension, or the method of slaughter, which could include CO₂ concentrations; we need to think more broadly about sustainability and the welfare standards that are involved. All of those things will be reviewed fully once we have left the EU. The hon. Gentleman raised the issue of CO₂ concentrations as a method of slaughtering pigs. We are aware of that issue; we will focus on it, and trials are underway on potential alternatives, such as low atmospheric pressure stunning.

I will try to answer some of the hon. Gentleman’s more detailed questions. He asked about the geographic split of slaughterers who might be affected, prompted, I think, by the hon. Member for Plymouth, Sutton and Devonport—they were an amazing double act today. Unfortunately, at the moment, we do not have a breakdown of that concentration, but I will take a closer look at what information we might be able to provide to the hon. Member for Stroud.

[Luke Pollard]

I am interested in the parallel between the fees that the Minister has mentioned and the settled status application. On 21 January, the Prime Minister said:

“I can confirm today that, when we roll out the scheme in full on 30 March, the Government will waive the application fee so that there is no financial barrier for any EU nationals who wish to stay”—[Official Report, 21 January 2019; Vol. 653, c. 28.]—

unless, of course, they work in a slaughterhouse. I would be grateful if the Minister could look at whether now is the right time to waive that fee, so that there is no financial barrier to any EU citizen continuing their employment in the UK. The loss of that £225 times 200 would cost the Department about £45,000 but it would send out an important message. Will the Minister consider waiving the fee, or explain why he disagrees with the Prime Minister about financial impediments to EU nationals continuing to work here?

[David Rutley]

As always, the hon. Gentleman is a formidable Opposition spokesperson. He seeks to tempt me down paths. All I can say is that I completely agree with the Prime Minister. What the hon. Gentleman mentions is a broader issue about ensuring that EU nationals are welcome and that their contributions are recognised in this country. This is about a technical skill—

[Luke Pollard]

It is about cost.

[David Rutley]

If I can finish my answer, we also need to be aware of the fact that the EU has not recognised our certificates either. We have also to bear in mind that we do not have unlimited funds with which to address such issues and that, in most cases, it would be down to the businesses involved to take on the costs. I understand the hon. Gentleman’s point, but our assessment is that it will not be an impediment for the individuals, so he cannot take too far the argument that I am at odds with the Prime Minister—that is a step too far, even though he tempts me down that path.

I think I have addressed most of the other issues that have been raised. As for border inspection posts and the RSPCA’s concerns, they are commercial entities and we are working with commercial bodies to determine what the future requirements might be. The hon. Member for Stroud made an important point about adult dogs, which I will pick up separately as I do not have all the answers. I think he knows, because we share a commitment to doing all we can to tackle illegal puppy smuggling and its disease and welfare implications—not just for the dogs but for humans—that we will make that a priority.

I hope I have answered most of the questions to the satisfaction of members of the Committee. I reiterate that the regulations will not amend current welfare standards but will make operability changes to ensure that existing EU law works appropriately once we leave the EU. I also wish to make it clear that the Government have no intention of reducing animal welfare standards; in fact, we will look to strengthen them, over time, in light of evidence. For the reasons I have set out, I commend the statutory instrument to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Animal Welfare (Amendment) (EU Exit) Regulations 2019.