Animal Experiments

Henry Smith Excerpts

Tuesday 5th February 2013 Westminster Hall

[Henry Smith (Crawley) (Con)]

Thank you very much indeed, Mr Sheridan, for calling me to speak. It is a pleasure to serve under your chairmanship.

There are four main issues that I will raise in this debate on animal experimentation and Government policy: first, reducing the number of animals used in experiments; secondly, the testing of household products on animals; thirdly, section 24 of the Animals (Scientific Procedures) Act 1986; and fourthly, the implementation of the new EU directive—2010/63—which, of course, took place on 1 January.

The coalition Government’s programme for government was very welcome as it included two specific pledges on the use of animals in experiments, stating:

“We will end the testing of household products on animals and work to reduce the use of animals in scientific research.”

The European Commission has recently confirmed that the ban on importing and selling animal-tested cosmetics throughout the EU will come into force, as planned, on 11 March. The UK was rightly one of the first countries to adopt this position, and the ban comes into force after more than 40 years of campaigning—principally led, I must say, by the British Union Against Vivisection, and others—and it is, of course, most welcome.

As we pass the mid-point of this Parliament, I hope through this debate to examine the Government’s progress and see how the very worthy commitments that they made in 2010 can be realised in a timely manner.

I turn to the first of the four main points that I will raise: reduction. In their recent mid-term review, the Government said:

“We worked to reduce the use of animals in scientific research through a science-led programme headed by the National Centre for the Replacement, Refinement and Reduction of Animals in Research. However, the Government continues to recognise that there remains a strong scientific case for the carefully regulated use of animals in scientific research where no practicable alternatives exist.”

As the number of such experiments has risen further, to its highest level since records began, my concern is that the use of the past tense in that sentence could be interpreted to imply that the Government have given up their attempt to reduce numbers. If not—and I sincerely hope that the Government have not given up that attempt—what new steps will be taken and when do the Government expect a visible impact?

The number of animals currently being used in experiments in Great Britain—of course, Northern Ireland has a separate system—is the highest since 1986, when statistics were comprehensively collected for the first time following the introduction of the Animals (Scientific Procedures) Act. According to Home Office statistics published in July 2012, in 2011 there were 3,710,621 animals used in 3,792,857 procedures in Great Britain. That represents an increase of 1.9% on the 2010 figures. Procedures were performed on particular species, including 1,459 primates, 11,844 rabbits, 11,514 guinea pigs, 2,865 dogs, and 161,733 birds. Of those experiments, only 13% were directly related to human health. Some of the non-medical experiments included: the use of 3,524 animals to test food additives; the use of 541 animals to test the effects of alcohol; the use of 13,676 animals in experiments examining the effects of pollution; and the use of 22,785 animals in experiments relating to agriculture. More than half the animal experiments in 2011 were carried out on animals that had been genetically altered, and many such animals are killed before they are even used because they do not show the correct characteristics.

The second issue that I will raise is the testing of household products on animals. The Government have recently announced their guide for licence holders on the operation of the Animals (Scientific Procedures) Act 1986, which takes account of the changes introduced by the new European directive, under which no project licence will be granted for

“work using any animals for testing household products”.

However, the definition of “household products” is unclear. In response to a recent parliamentary question, the Minister for Policing and Criminal Justice said:

“There is no authoritative definition of ‘household product’ in UK or European legislation. For the purposes of the current annual statistical collection, project licence holders are required to report the use of animals to test ‘substances used in the household’. Where there is uncertainty, decisions on whether procedures should be recorded under this heading are taken on a case by case basis. No procedures were reported for this purpose in 2011, the latest year for which figures are available.”—[Official Report, 22 January 2013; Vol. 557, c. 151W.]

The statement that there were no tests of this nature in 2011 leads me to believe that the ban would cover only finished products, rather than also covering ingredients. I believe that would seriously undermine the ban, as the vast majority of testing for household products involves testing ingredients. Indeed, as much was admitted in response to another parliamentary question, which was answered on 28 March 2011 by the then Home Office Minister, who is now the Under-Secretary of State for International Development. She said:

“We plan to apply the definition of ‘substances used in the household’ used for reporting purposes in the Statistics of Scientific Procedures on Living Animals published annually. This includes all products that are primarily intended for use in the home, including detergents and other laundry products, household cleaners, air-fresheners, toilet blocks, polishes, paper products such as infant nappies, paints, glues (and removers), other furnishing and DIY products and household pesticides. The prohibition will apply to both finished household products and their ingredients, although in practice mainly the latter are tested.”—[Official Report, 28 March 2011; Vol. 526, c. 80W.]

However, recent Home Office reports have indicated that the actual definition may well be much narrower than that.

I move on to section 24 of the Animals (Scientific Procedures) Act 1986, under which it is a criminal offence to divulge any information that a researcher would have liked to be kept secret, regardless of whether there is any personal information involved. In May 2012, in response to the public consultation on transposing European directive 2010/63, the Government said that

“the new Directive focuses on greater transparency in relation to the use of animals in scientific research”.

It was the Government’s view that the requirement is incompatible with section 24 of the 1986 Act as it currently stands. The Government said that they would

“consider the options for reforming Section 24 and publish conclusions separately in due course.”

Indeed, in Grand Committee in the House of Lords, Lord Taylor of Holbeach said:

“Our consultation revealed no clear consensus on whether the provisions of Section 24 should be repealed and replaced, and we need to give that further thought.”—[Official Report, House of Lords, 13 December 2012; Vol. 741, c. GC399.]

I understand that currently there is no date set for any further conclusions or consultations to be published by the Government.

The fourth point that I will raise is the Government’s implementation of the requirements of European directive 2010/63 on 1 January. Most of the UK controls, which are of a higher standard than those in many other EU countries, will remain in place. However, as some features may be slightly different, it will be some time before it is clear how the changes will affect animals. Nevertheless, there are some ongoing concerns.

In transposing the new European directive into UK law, while existing UK standards are retained where they are higher than those set out in the directive, a key concern is how the legislation will be interpreted in practice. The draft guidance, which has now been released for consultation, needs to be unequivocal, to ensure that UK standards are retained.

The revised legislation includes a move to transfer more responsibility for its implementation from central to local control at individual establishment level. The Royal Society for the Prevention of Cruelty to Animals believes that the Home Office must have a robust programme in place to ensure good practice, to identify shortcomings within establishments and, where needed, to have proper sanctions. It will also be important for establishments to maintain a strong and effective local animal welfare and ethical review body, so that each establishment can ensure compliance with the law and with good practice. The new body replaces the local ethical review process, which progressed well over its 12 years and had widespread support. Indeed, the RSPCA has developed guidelines on best practice for the ethical review process, which should form the basis of the new body’s roles.

The Home Office has chosen to retain the personal licence system, but the content of the proposed new licence has been considerably reduced and now, I fear, contains inadequate detail. The proposed new licence removes much of the detail from the previous licence, and places greater emphasis on an individual’s training and competency record. Potential licensees will have to specify only the broad categories of animals and experimental techniques they want to use, whereas the previous licence required a detailed list of techniques, along with details of the species and the stage of development of the animals to be used. The information will now be held in a training and competency record within the establishment, which could lead to inconsistencies.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Is it not also important to ensure that staff are not asked to undertake duties that they are not competent in or trained to perform, because of the risk of unnecessary cruelty to animals?

--- Later in debate ---

[Henry Smith]

The hon. Lady anticipates something I was going to come on to. It would be particularly pertinent to ensure that that was the case when someone had to step in to undertake a procedure, perhaps because the individual who usually did it was off sick, or for another reason. I am concerned that the watering down of the licensing regime could lead to staff being asked to undertake procedures in such a way.

I contend that the personal licence should set formal, legal boundaries with respect to what people are, and are not, allowed to do. The fear is that the new licence will erode the previous protection. The processes that establishments put in place for ensuring that all persons are both trained and competent will need to be robustly enforced by the Home Office.

[Mr Adrian Sanders (Torbay) (LD)]

I congratulate my hon. Friend on securing the debate. Does he think that there ought to be some provision that would protect staff from having to carry out procedures they did not wish to carry out, within the licensing system?

[Henry Smith]

My hon. Friend makes an important point. Just as the new licensing system should ensure that people carrying out procedures are properly qualified, people who have an objection to certain types of procedure should have such protection afforded to them. I am grateful for that helpful intervention.

The project licence has already been rewritten several times over previous years, with animal users being fully engaged and account taken of their views. There may be pressure from establishments for the amount of paperwork to be further reduced, but that could seriously affect the ability of the local ethical body and the Home Office to carry out a proper assessment of whether the three R’s of replacement, reduction and refinement had effectively been applied, and so consider the justification for using animals.

Despite the number of animal procedures increasing, recent years have seen reductions in the number of Home Office inspectors and the number of visits they make to research establishments. As the animals in science regulation unit is fully funded through fees paid by those holding licences to use animals, the inspectorate must be re-strengthened and given adequate resourcing to perform all its functions, including providing advice on welfare and promoting good and best practice.

The new Animals in Science Committee—ASC—has a wider remit than the Animal Procedures Committee—APC—had under previous legislation. Completely new tasks include advising ethical bodies on animal care and use, ensuring the sharing of best practice, and exchanging information with the national committees in other EU member nations. Despite the new functions, no extra funding or resource has been made available, and the remuneration for the chair has been withdrawn. The Home Office should demonstrate that it takes the role of the ASC seriously, by releasing the protocol for its operation and resourcing it properly.

There are several steps that would enable the number of experiments to be reduced significantly. One would be to ban the importing of primates for use in experiments. In 2011, 47% of primates used in the UK were sourced from outside the EU. A recent British Union Against Vivisection investigation found that a breeding centre in Mauritius was killing monkeys that were not of the correct size. Another important step would be rigorous implementation of the new regulations, especially those relating to ethical consideration of whether and how animals are used. A third important step would be better implementation of the three R’s—the replacement of animals with humane alternatives, a reduction in animal use, and refinement to reduce suffering and improve welfare. Fourthly, it is important to have an effective system that ensures that all persons involved are well trained in the legal, ethical, animal welfare and three R’s issues, and are fully competent with respect to practical skills.

A fifth step would be to introduce more transparency into the system by repealing section 24 of the 1986 Act, which enables information about animal experiments to remain secret. Other steps would be to set a detailed timetable for the ending of all research not for medical purposes, which could reduce the number of experiments by an estimated 87%, and to ban the most severe experiments allowed by the new European directive. In transposing the new directive, the Government have, unfortunately, yet to rule out those aspects, which means that animals could, for example, be subjected to repeated electric shock treatment to induce a state of learned helplessness or be forced to do exercise until they suffered from exhaustion. Although the transposition is now complete, the Government still have time to issue a policy statement making it clear that no project licences will be granted for such experiments. In particular, more must be done to end suffering that is graded as severe.

Only absolutely necessary animal experimentation should be allowed. To do otherwise is bad science, inefficient and ultimately cruel.