Welfare of Laying Hens Directive

Eilidh Whiteford Excerpts

Tuesday 13th December 2011 Westminster Hall

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I congratulate the Chair of the Select Committee on Environment, Food and Rural Affairs, the hon. Member for Thirsk and Malton (Miss McIntosh), and the other members of the Committee on securing today’s debate and on raising an important issue.

I came to the issue because there are a number of small and sizeable egg producers in my constituency, which support the local rural economy and provide jobs. Over the past few years, they have invested heavily in upgrading their facilities. I am aware that, of the £400 million that has been invested across the UK, at least £7 million was invested in my constituency by small and medium-sized firms.

The comments made by the British Egg Industry Council are important to the debate. The critical issue for the producers who have contacted me is that, although they have invested heavily, they are being put at a competitive disadvantage. They are concerned about their businesses in what are already difficult economic times for all rural businesses, and they are concerned that the reward for their investments and for improving what they do is to find their profits reduced and their businesses becoming ever less viable.

[Jim Shannon]

Clearly, in the hon. Lady’s constituency, similar to my own, many people have borrowed from banks at a time when they can least afford to do so. They feel that they are comparatively disadvantaged as a result. Does she feel that banks should give some leniency at this time?

[Dr Whiteford]

The hon. Gentleman makes a valid point. Certainly, banks in the rural economy have recently tightened up their lending processes, which is regrettable when agriculture globally is ripe for investment and is a good investment. Such businesses are often asset rich, but they need credit, as farmers all over the world do. Banks can do a lot more at present to support the rural economy.

I confess that I was incredulous when the BEIC raised the issues with me. It struck me as bizarre that some EU members are still not complying with the legislation 12 years after it was passed. One of the most pertinent points today is that not just new accession EU countries are failing to comply with the legislation, but long-standing and established EU members seem to be shrugging their shoulders and letting the issue go by.

One of the most significant issues is that there has been a complete lack of foresight regarding compliance measures. I still find it quite incredible that the enforcement measures are so weak. Enforcement measures by member states may be dismissed as a business expense by the companies that are failing to comply with the law. There are big lessons to be learned about how seriously we take legislation. At the heart of the matter, it is a legal issue. It became clear back in July just how weak the legislation and compliance measures were; that is important.

I welcome the fact that the Government have looked at contingency plans. I wrote to the major supermarkets in July this year, asking them to confirm that they would ensure that their own-brand products would comply with the law and that they would not import products. To be fair to Asda, Morrisons and Tesco, they all wrote back to me to say that they could do so with their own-brand products and the eggs on their shelves, but there was no commitment on the other products that they import from suppliers. That is where the challenges lie.

In a context where the law is absolutely ineffective, I welcome the contingency measures taken by the Animal Health and Veterinary Laboratories Agency, but they are not a substitute for proper legal enforcement. We still face the issue that liquid eggs from Holland and Germany might originate from non-compliant countries. Until we deal with the legal issue, I do not think that we can move much further forward—it makes a mockery of the law.

The hon. Member for Thirsk and Malton absolutely hit the nail on the head when she posed the key question about the loophole in regulation. Does that originate from our own laws and regulations, or is it an EU-wide issue? I hope that the Minister will address that and share the legal advice that has been given. The loopholes need to be closed with some urgency.

As we consider how we move forward, I hope that we will ask how on earth we will instil any confidence in new legislation if it cannot be enforced. Farmers are already talking about the problems of complying with regulation. If there is one issue that farmers in my constituency—not just poultry farmers, but livestock and arable farmers—are concerned about, it is compliance. They feel that our compliance, regulation and inspection regimes are much more rigid than those in other parts of the EU. In some cases, they are absolutely right, and that makes it more difficult for them to earn a living and operate internationally. If we cannot even enforce the laws that we make with a 12-year lead-in period, it makes a mockery of the law. I hope that the Minister will take that on board.

--- Later in debate ---

[Huw Irranca-Davies (Ogmore) (Lab)]

I will do my best to fill the available time, Mr Chairman, and will happily take interventions. This is a good chance to have a detailed debate.

I welcome the debate, and I genuinely congratulate the hon. Member for Thirsk and Malton (Miss McIntosh) on securing it, in her role both as a constituency MP and as Chair of the Environment, Food and Rural Affairs Committee. I also congratulate the members of the Committee on making this very much a live issue. It should be attracting the attention of parliamentarians and the wider public, and I will consider in a moment how we should deal with the consumer and market issues. I also welcome the expert, knowledgeable and detailed way in which the hon. Lady introduced the debate, and I note—as the Minister will have done—the significant differences that have emerged between her, as Chair of the Committee, and the Government, even though their positions support each other in many ways.

I very much welcome the comments from other contributors, including the hon. Member for Banff and Buchan (Dr Whiteford). Am I pronouncing the constituency name correctly?

[Dr Whiteford]

It is Buchan.

[Huw Irranca-Davies]

Ah, it is a Welsh pronunciation, with the “ch” sound. I am dying to see how Hansard transcribes that. The hon. Lady mentioned the importance of recognising and rewarding good producers and the investment they have made, and that has been a common theme of the debate.

The hon. Member for Tiverton and Honiton (Neil Parish) made a very good contribution about how UK producers’ investment should bear fruit, or at least produce good eggs. He was certainly supportive of the idea, and I saw nodding heads on both sides of the House, of clearly identifying which producers, processors, retailers, supermarkets and restaurants use not only good shell eggs but good liquefied and other processed eggs, and which do not. There is some scope for the Minister. We might have a way forward, together with the UK egg producers and the various representative organisations.

The hon. Member for Sherwood (Mr Spencer) spoke very well about his experience with free-range hens. My household has always had a few, just for our own consumption. It has been a long-standing tradition on our smallholding, but I cannot compete with the hon. Gentleman’s much more extensive expertise. He rightly pointed out that we could do a lot with the power of consumers and the markets, but we have a heck of a long way to go.

I draw parliamentarians’ attention to research by YouGov and the Royal Society for the Prevention of Cruelty to Animals. The RSPCA would like to go even further towards free range and away from any sort of caging, but it has done an interesting analysis, which the Minister might not be aware of because it has, I think, come out only in the past few days. It looked at people’s awareness of the legislation, and at their buying power as consumers; 69% of them wrongly assumed what the law would mean for hens and animal welfare. A further 19% had not heard about the legislation at all. A fifth wrongly assumed that all battery cages would now be banned; 8% thought that all hens would now be free range and 1% thought it was something to do with farmers having to play music to their hens. We have a long way to go, not only in working with the retail sector, including supermarkets, but in highlighting the issue to consumers so that they can genuinely drive change in the market, but that is not all that I shall talk about today.