TB in Cattle and Badgers

Debate between George Eustice and Ruth George

Wednesday 23rd October 2019 Westminster Hall

[George Eustice]

I think that was dealt with by my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). In all my time in this role previously, I kept going and persevered with the research to try to identify an oral vaccine, because—in reality—if we want to deploy a vaccine on scale in the wildlife population, an oral bait vaccine would be the answer. I have had numerous submissions over the years inviting me to pull up stumps on that research, but I persevered.

However, I am afraid that in the end we could not get there, for the reason that my right hon. Friend pointed out, namely that a badger’s digestive system is too powerful and it breaks down the vaccine. All attempts to find other ways around that were unsuccessful. It is also the case that when such vaccines were deployed in the field, certain badgers would get a lot of the vaccine and others would get none at all, because there would be a propensity for some badgers to take up the bait but not others. So it is not something that we are continuing with at this stage.

I will pick up on a few points that hon. Members have made. The hon. Member for High Peak raised the issue of cows that were heavily pregnant with calves. She is right that it is an absolute tragedy to cull such cows and in fact a couple of years ago I changed the rules in this area, so that a cow that is in the final month of its pregnancy can now stay on the farm and be placed in isolation. We have even provided that a cow in the final two months of its pregnancy can be isolated, provided that the isolation facilities are sufficiently robust. So I have already changed the rules in that regard, because, as my right hon. Friend the Member for North Shropshire pointed out, it is horrendous when a cow that is about to give birth has to be shot on a farm.

The hon. Lady also raised the issue of the badger population in Derbyshire. The reality is that in in her area in the north of Derbyshire, where badger vaccination is taking place, incidence of the disease in badgers is quite low. However, that is not the case in south-west Derbyshire, particularly along the border with Staffordshire, where there is a high prevalence of the disease in the badger population.

[Ruth George]

What evidence is there for the incidence of the disease in badgers? Will the Minister look to test badgers in the cull areas post-culling, because it is so important that we are clear about whether there is or is not incidence of the disease?

[George Eustice]

We have a number of approaches. We do some roadkill surveillance in areas to identify where there is disease. Also, whenever we have a breakdown on a farm, an assessment is carried out by APHA vets to try to establish the most likely cause of that breakdown. So there are breakdown epidemiological reports.

The hon. Lady also raised an issue about herd size. In addition to the point made by my hon. Friend the Member for North Herefordshire (Bill Wiggin), the fact of the matter is that it is an epidemiological reality that the more cattle there are in a herd, the more interfaces there are with the environment and the more likely they are to pick up infection. I remember that some years ago our chief scientist in the Department for Environment, Food and Rural Affairs got very excited and thought that those with small herds must be doing something right. However, we concluded that it is simply a mathematical fact that a small herd has fewer interfaces with the badger population and therefore has a lower propensity to have a breakdown.

My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) raised an important issue about slurry. I can tell her that I have had meetings with Dick Sibley and that he has attended roundtable discussions we have had on this issue. However, as long ago as 2015 we launched a biosecurity plan that included slurry management best practice guidance, so this is an issue that we recognise and that we try to improve. The evidence is a little mixed, because the reality is that if we are testing and removing cattle, we would tend to remove them before the disease shows up in slurry, unless the test is ineffective and is missing those cattle. So this is an area that we are keen to look at further and, as I have said, we are in dialogue with Dick Sibley on some of these matters.

My hon. Friend the Member for North Herefordshire made a point about diagnostic tests. He is absolutely right—we are now allowing the use of unvalidated tests and, again, Dick Sibley is using one of those tests. We have also dramatically increased our deployment of the more sensitive interferon gamma test.

My right hon. Friend the Member for North Shropshire made an important point about epidemiology and, crucially, how we get daughter infection below one, so that we can put this disease into permanent retreat. The R₀—the reproductive number that he mentioned—is notoriously difficult to calculate, but we have a track record in our own history of taking this disease from a very high prevalence in the 1930s down to zero in the 1980s. So there is a point whereby, if we keep going, we can put this disease into permanent retreat.

Draft Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Debate between George Eustice and Ruth George

Tuesday 20th March 2018 General Committees

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I beg to move,

That the Committee has considered the draft Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

I am pleased to open this debate on an important set of regulations introducing an updated system of local authority licensing of activities involving animals in England. These regulations meet the Government’s manifesto commitment to continuing its review and reform of the pet licensing controls and, specifically, to updating the licensing system for dog breeding, pet sales, riding establishments and animal boarding establishments. They also modernise a system for animal exhibits.

The licensing and registration system that covers these five animal activities is outdated and complex. The activities are regulated under a number of different pieces of legislation: the Performing Animals (Regulation) Act 1925, the Pet Animals Act 1951, the Animal Boarding Establishments Act 1963, the Riding Establishments Act 1964, the Breeding of Dogs Acts 1973 and 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999. They will be repealed and replaced with new regulations that consolidate and update the requirements set out in each of the Acts in one consistent licensing scheme. This new licensing will have more streamlined processes of application, inspection and enforcement, reducing the burden on local authorities and businesses while improving consistency of application across the country.

One of the key issues with the licensing system is that the animal welfare standards with which businesses are required to comply have not been updated for many years. The schedules to the new regulations include detailed animal welfare standards for each activity. We have worked closely with stakeholders from the industry, animal welfare organisations, local authorities and veterinary bodies in drafting these standards and we are grateful for their support—in particular the Canine and Feline Sector Group and the Equine Sector Council for helping to co-ordinate this work. These new standards will ensure that anyone who receives a licence for dog breeding, selling pets, boarding dogs and cats, hiring out horses or keeping or training animals for exhibit will need to meet these new minimum welfare standards. This should help drive up animal welfare standards across all of these sectors.

Many people and organisations have been calling for more restrictions to be placed on the breeding and selling of dogs in particular, where it is felt there are unscrupulous businesses that breed dogs in poor conditions for maximum profit. The regulations address this in a number of ways. First, we are making changes to the definition of dog breeding, to ensure the regulations capture both large-scale dog breeders as well as smaller-scale dog breeding businesses. Under the new regulations, anyone who is in the business of breeding and selling dogs will need a licence. In addition, breeders who are not classed as a business will also need a licence if they breed three or more litters a year and sell any of them. Overall, this will ensure that more breeders are captured under the regulations and will need to comply with the high animal welfare requirements set out within them, while also ensuring that we crack down on unregulated backstreet breeding.

Secondly, it is important to acknowledge the sad fact that many unsuspecting potential buyers are providing a lucrative market for rogue dog breeders and animal dealers who work illegally, outside the licensing system. Therefore, the regulations include a number of measures that will help consumers identify these rogue traders and make more informed decisions when purchasing an animal.

[Ruth George (High Peak) (Lab)]

On that point, can the Minister confirm whether unlicensed breeders, specifically those falling below the threshold for licensing, will still be able to sell puppies to pet shops and dealers if they are under eight weeks of age?

[George Eustice]

The situation described by the hon. Lady, as I outlined, would be captured. Under HMRC’s badges of trade, which define what trade is, anyone breeding for the purpose of selling to pet shops would be covered by these regulations, even if they were breeding fewer than three litters a year.

The regulations include a number of measures that will help consumers identify these rogue traders and make more informed decisions when purchasing an animal. Licence holders are required to publish their licence number on all adverts, including online adverts, so that consumers can check with the relevant local authority that it is a legitimate business. All licensed businesses will also receive a risk rating—from one to five stars—based on their welfare standards and compliance record. That is a similar system to the one used in food hygiene rating schemes. For puppies, there is an additional requirement that any sale be completed at the premises where the puppy was bred to make sure that the purchaser sees the puppy and the conditions in which it has been kept before making the final purchase. All licensed pet sellers are also required to provide purchasers with information about how to care for the animal they are buying.

These measures will ensure that consumers can make more informed decisions when buying an animal, and are better able to care for it once they have taken it home. This is particularly important for some of the more exotic species, such as reptiles, which are becoming more common as pets these days.

Many people are concerned about the increase in the online sale of pets. Dating as it does from 1951, the current legislation is not clear on whether these businesses require a licence. The legal position is that they already do. However, as a result of the lack of clarity, enforcement is inconsistent across the country. Under the new regulations, the issue is put beyond doubt: all commercial sales require a licence, including those that take place online. All these businesses will have to comply with the minimum welfare standards set out in the regulations. These measures will ensure that the licensing system is consistent and fit for purpose in this modern age.

[Ruth George]

The Minister is outlining an excellent procedure for the star rating and the licensing of online, as well as other, sales, but that will require considerable enforcement and monitoring by local authorities. What resources are being given to local authorities to perform all these tasks?

[George Eustice]

Local authorities can recover the full cost of their licensing regime through the price of the licence that they issue. Resourcing is not a problem; they can go for full cost recovery and the regulations provide for that.

I should point out that the licensing system is run by local authorities and, as I said, funded by full cost recovery—the hon. Lady got there just before I reached that point— so there is no financial burden on local authorities. Licences can also be issued at any point in the calendar year, which will help to spread the workload across the year. The maximum licence length that can be issued is increased from the current one to three years, with longer licences going to businesses with earned recognition.

This earned recognition will be based on a combination of past history of compliance and the animal welfare standards adopted by the business. Businesses with high animal welfare standards and high historical levels of compliance, or those associated with a body accredited by the United Kingdom Accreditation Service—such as the Kennel Club’s assured breeder scheme—will be able to achieve the maximum three-year licence, leading to less frequent inspections and a lower fee. They will also achieve a five-star rating to demonstrate their high quality to consumers.

The risk-based system should reduce the workload for local authorities, allowing them to spend more time on enforcement of unlicensed and less compliant businesses. That will also reduce the burden on good businesses and therefore provide an incentive for businesses to improve welfare standards.

We recognise that the implementation of these regulations will be crucial to their success and so local authority inspectors will be required to undertake specific training on licensing and inspection. That will ensure that they are suitably qualified to undertake inspections for all the animal activities covered by the regulations. The regulations have been drafted in consultation with stakeholders from industry, animal welfare organisations, local authorities and veterinary bodies, and we are grateful for all the assistance they have offered. The regulations are proportionate and targeted and will help improve animal welfare across a number of sectors. I therefore commend them to the Committee.

--- Later in debate ---

[Ruth George]

Local authorities are already under enormous pressure enforcing the existing regulations. In my area of High Peak, we have not seen a single prosecution for raptor death in the last year and raptors have been reduced from 15 pairs down to one. This is going on, but the law is not being enforced, because enforcement and prosecution in particular take up a vast amount of time and resources that local authorities simply do not have.

[George Eustice]

The hon. Lady is taking us into a slightly different area, which is wildlife crime and persecution of raptors, but she will be aware that we have the national wildlife crime unit, which also addresses this particular issue. It is a challenge. However, as I have said a number of times, local authorities can recover the costs of running this licensing regime and the regulations have provided for that.

The shadow Minister raised an important point, particularly given that there could be a longer licence, what are the remedies if there is a breach of the licence? That is an important point because, somewhat astonishingly, the existing regulations—with the exception of the Performing Animals (Regulation) Act 1925—have no provision at all to revoke the licence. It is an annual licence and the remedy effectively was that it would not be renewed if there was a breach. We do not think that is sufficient or acceptable. In a new addition we have brought in, these regulations enable local authorities to revoke and suspend licences where a breach has occurred. The establishments affected will have the ability to appeal, if they wish, to a first-tier tribunal, so we would make provision for an appeals process. This is the first time that local authorities will have the power to revoke or suspend licences. That is new. It gives us the confidence to grant those longer-term licences where operators have demonstrated a high degree of compliance and a commitment to high-level animal welfare.