Animal Welfare

Debate between Jim Fitzpatrick and Simon Hart

Thursday 30th March 2017 Commons Chamber

[Simon Hart]

My hon. Friend makes an interesting point. I need to listen to “The Archers” a bit more often. From what I gather, the programme is covering quite a lot of contemporary issues at the moment, but he makes a good point.

In conclusion, let me bring to the attention of the House the letter written by the Attorney General’s Office in the name of the Solicitor General to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) who raised the question about whether the Crown Prosecution Service ever refuses to proceed with prosecutions on the basis of resource. The answer stated:

“Resources are never the only bar to prosecution because as you know, the Code of Crown Prosecutors sets out the two stages of the Full Code Test”.

In answer to the question, “Does the Crown Prosecution Service ever refuse to proceed on the basis of a lack of expert knowledge in the subject area in question?” the Solicitor General said:

“No, but a distinction should be drawn between expert knowledge provided by expert witnesses and specialist legal knowledge.”

[Jim Fitzpatrick]

I made reference to the wording of a recommendation, which I have reflected on significantly. It says that the RSPCA

“should, however, withdraw from acting”.

I understand the hon. Gentleman’s point, and I agree that the CPS should be acting, but does he really think that the CPS will do it if the RSPCA takes a step back?

[Simon Hart]

The hon. Gentleman makes a good point. The Wooler report, which has been much talked about and which has helped us to reach our conclusions, raises exactly the point that he makes. There is a transitional period, but it is fair to say that concerns have been expressed—not by people such as me who might be accused of having a partisan view, but by more arm’s-length organisations—about potential conflicts of interest between organisations such as investigators, prosecutors, campaigners and fundraisers. The Royal Commission inquiry in 1983 recommended that the CPS was created so that the police would not be accused of that kind of conflict. My view was that if it was good enough for the police to have an arm’s-length prosecuting process, it is probably good enough for the country’s second biggest prosecutor to be subject to the same criteria.

Mr Deputy Speaker, I see you hastening me to a conclusion. Thank you.

Animal Welfare (Exports)

Debate between Jim Fitzpatrick and Simon Hart

Thursday 13th December 2012 Commons Chamber

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

It is a pleasure to follow the hon. Member for Montgomeryshire (Glyn Davies), who demonstrated his long experience and expertise in these matters. We are grateful for that contribution, as it helps us to get a better understanding of this subject. I am pleased to be a co-sponsor of this debate, along with the hon. Members for South Thanet (Laura Sandys) and for Brighton, Pavilion (Caroline Lucas). I am looking forward to the Minister’s response to the many questions raised. I was one of his predecessors as Minister of State in the Department for Environment, Food and Rural Affairs, and I recall that when I was appointed I was identified in the Daily Mail and The Daily Telegraph as a “townie veggie” and a “lacto-pescatarian”. I also had some fun poked at me by Horse and Hound, although being attacked by Horse and Hound is a bit of a badge of a honour for Labour Members, so it did not do me any harm whatsoever. This issue came across my desk, and I was reassured about the regulations, the monitoring and the enforcement. Some three years later, the Minister is being asked these questions again.

The National Farmers Union was much more generous in its welcome of my appointment. It said, “We don’t care where he comes from or what he eats. We will judge him on what he does for farming.” I built up a very constructive relationship with the NFU in my time as Minister of State at DEFRA, and I have high regard for the farming community. That arises, first, from the quality of product they produce and the very high animal welfare standards to which they produce it. Our standards are much higher than those of most of the rest of the European Union, as can be seen in the lead we have set on chickens, eggs, poultry and the rest. Sometimes that has been at the expense of the farmers, because they pay for it out of the profit they make at the end of the year. We also charge farmers with responsibility for looking after the countryside and our environment. The farming community is a big part of the United Kingdom, economically, industrially and environmentally, so I have nothing but regard for the NFU and its members.

The hon. Member for South Thanet raised two key issues: the general issue of live animal exports; and the secondary issue of what happened at Ramsgate in September. Those issues are distinctly different and need to be addressed differently. My hon. Friend the Member for Ogmore (Huw Irranca-Davies) will cover the Labour party position on live exports in detail, but I can say that we have called for a full review into the trade; a look at the treaty of Rome, because measures to ban any live trade would fall foul of that; and better facilities to be available at or near the port of Ramsgate. Hon. Members have already drawn attention to European regulation 1/2005 and the minimal animal welfare provisions, so I do not need to go into that, although the Minister may wish to refer to it when he responds.

My hon. Friend has previously asked the Minister

“if he will carry out a full review into the animal welfare considerations of the live export trade”.

He was told:

“The Government has no plans to carry out such a review.”—[Official Report, 4 December 2012; Vol. 554, c. 713W.]

It is a measure of the power of Backbench Business Committee debates that the Minister made the statement yesterday that he has taken action on this issue and the export of live animals through the port of Ramsgate will face tougher welfare checks. One can only assume that that is a result of his having examined the questions, the correspondence and the fact that this debate was taking place.

The Animal Health and Veterinary Laboratories Agency has been asked to look into the three additional measures that the Minister mentioned: the AHVLA implementing its own contingency plans in the event of an emergency with the transport; improved procedures to ensure that an AHVLA vet is always within an hour of the port to assist inspectors in the event of an emergency or welfare concern; and working with the operator of the transport vessel to develop new contingency measures. Those very important measures have been raised by the Minister and they may offer some reassurance. However, for the House and for the hon. Member for South Thanet clearly they only reinforce the questions she asked in her introductory remarks, such as why it has taken so long for these things to be identified. She also asked about the pre-existing arrangements, and the monitoring and enforcement that was going on.

I am grateful to the Royal Society for the Prevention of Cruelty to Animals for its briefing on the subject. Its policy position is clear. It wants: an end to the long-distance transport of live animals, with a maximum journey of eight hours; amendments to existing legislation; and full costs being paid by the hauliers rather than by the taxpayer. That brings us to the question raised by the hon. Member for Montgomeryshire and others about the suitability of Ramsgate as opposed to Dover. We are advised by the RSPCA that the

“trade in live animals changed to Ramsgate from Dover in…2010 as the loading bay in the port of Dover had been damaged.”

The hon. Gentleman suggested that commercial reasons may have been behind this, because of the lobbying by animal welfare groups against the general trade in live animal exports.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

I noted the hon. Gentleman’s comments about an eight-hour transporting limit, but that would preclude a number of people transporting their animals from west Wales and from mid-Wales to markets in the UK. How would he overcome that problem?

[Jim Fitzpatrick]

I am grateful to the hon. Gentleman for his question. The point was dealt with earlier by my hon. Friend the Member for Bristol East (Kerry McCarthy) and the explanation she gave about exemptions for particular species in regions and areas covers that. I was not setting out my position; I was putting on the record the RSPCA’s position, out of gratitude for the briefing and information they supplied me, so that it is in the public domain for anyone listening, watching or reading afterwards. They will be able to weigh that up in the mix and decide whether it is something that they want to support.

On Ramsgate versus Dover, the hon. Member for Montgomeryshire suggested that the decision may well have been a commercial one taken by the ferry operators because they did not want to inflame or outrage public opinion and were aware of the power and influence of the animal welfare lobby against live exports. The perverse outcome is that instead of the animals being transported on vessels that are quicker and better equipped to carry cargo, and having better animal welfare facilities available much nearer the port, the animals have to go to the port of Ramsgate in the constituency of the hon. Member for South Thanet. It is clearly not as suitable and it does not have the facilities. Clearly, the vessel she described was not built for this particular trade. The perversity of the outcome leaves a bad taste; it is a success for those lobbyists who chased the trade from Dover, but the animals have to go through the additional journey time, the additional discomfort and so on. I am not sure that that counts as animal welfare. It certainly does not address animal welfare concerns as I would understand them. I look forward to hearing whether the Minister has anything to say about that.

The second issue is the incident in September. Yesterday, I had a meeting with the NFU and I have also received a briefing from it, for which I am grateful. I know that the NFU has written to the Minister, asking a number of questions. Who made the decision to unload? Who decided to kill the animals and which ones to kill? What were the reasons for the kill? Why were the animals unloaded on to an uneven surface? Why were there open drain pits and animals drowning, not just being shot? Were they shot in the right part of the head? What were the skill levels of those involved, who were clearly moved by compassion and tried to do the right thing? When we see the photographs of the blood, the animals and the discomfort, we see that this clearly was not done in a way that the hon. Member for Montgomeryshire would recognise; it was not done in the professional way that we would all expect. In that instance, there are serious questions to which I hope the Minister will be able to respond. I know that there is an inquiry going on and that he might very well be constrained in how much he can share with us, but a commitment to ensure that that is in the public domain as quickly as possible so that we can return to the subject will, I am sure, be welcome.

I hope, too, that the Minister will make comparisons between the trade from the south-west and Wales to Ireland and the trade to the continent. I do not hear the noises from Wales—I do not hear about protests at Holyhead or people complaining about the live trade there, so I assume that that trade works in the way that the Department and industry want it to work in contrast with the way it is operating at Ramsgate.