Live Animal Exports (Port of Ramsgate)

Debate between John McDonnell and James Paice

Monday 24th October 2011 Commons Chamber

[Mr Paice]

I am grateful to the hon. Lady, and I will come to some of those points. Yes, there is a distinction between cases where there happens to be a border, but it is a few miles to an abattoir, and the sort of journey to which my hon. Friend has referred.

The safeguards that I mentioned include the need for all commercial transporters of animals to be authorised and for drivers to pass a competency test. Indeed, I passed one myself. For long journeys, vehicles must be inspected and approved by qualified engineers working for authorised private vehicle inspection bodies. Also, for long journeys, transporters must apply for a journey log for each journey that provides the details of the proposed route, and these applications are checked by the Animal Health and Veterinary Agency before they are approved. More importantly, the journey logs have to be updated by the transporter as the journey progresses and returned once the journey is completed, and we then check whether the actual journey was in line with the original application. If there were any variations, they need to be investigated to see whether they were consistent with the legislation.

There are many other safeguards in the transport legislation, such as the fitness-to-travel rules in terms of the animal itself and technical requirements on space allowances, ventilation, water, and so on. I want to emphasise that the commercial transport of animals on journeys of more than eight hours is highly regulated. On top of all the checks before and after a long journey, inspectors undertake risk-based checks on consignments, either when the animals are loaded at the point of departure or on arrival at the port of Ramsgate. They have powers on discovery of any infringement by individual transporters—that has happened a number of times—and that can lead to suspension or revocation of the transporter’s authorisation to transport animals or the withdrawal of their vehicle approval certificate. I emphasise and, in effect, give a warning that all those engaged in this trade must ensure that they are fully in compliance with all the regulations, because we will continue to be as tough as possible on this trade. It has been the subject of a number of legal challenges over the years by local authorities and port authorities.

The trade in live animals to the continent for slaughter has fluctuated markedly, as my hon. Friend said. There have been periods, such as during the outbreaks of BSE, foot and mouth and, more recently, tuberculosis, when the trade has been halted or interrupted. As she rightly said, the scale has dramatically reduced, so its impact on the economics of the UK livestock sector is now minimal, if anything at all. The present trade is tiny at just a few tens of thousands of animals and certainly fewer than 50,000 so far this year.

The concept of free trade is enshrined in national legislation in the Harbours, Docks and Piers Clauses Act 1847, and more recently in article 34 of the treaty of Rome. The latter states:

“Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.”

Some welfare lobbyists have suggested that changing the 1847 Act is the way forward. However, such a move would clearly be illegal as it would be contrary to article 34 of the treaty.

On the subject of EU treaties, I would like to lay to rest the idea that member states might deal with this issue through article 13 of the Lisbon treaty, which states:

“Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals”

Some suggest that that is a new requirement and that, therefore, long journeys can no longer be considered legal. That is not the case. The corresponding text of article 13 was previously set out in the binding protocol to the treaty of Amsterdam, which was agreed in 1997. It was therefore already a requirement to treat animals as sentient beings when the European Council agreed the terms of Council Regulation 1/2005. I am afraid that that is not a legal option open to us.

My hon. Friend raised a number of specific points. She rightly referred to the recent changes at European level to make labelling fresh meat with the country of origin mandatory. We are awaiting the detail of that, but I sincerely hope that it will have the effect that she and I want it to have. We have always supported the need for country-of-origin labelling to ensure that British consumers are properly informed. However, that same legislation must not deceive consumers overseas into believing that sheep—it is mainly sheep—born and reared in the UK are native to France, Spain or wherever they are bought.

My hon. Friend referred to the licensing of the ship and the lorries. She referred obliquely to a Mr Onderwater. There is no doubt that he is closely involved in this trade and she is right that he has been prosecuted for cruelty. I cannot comment on the authenticity of her comment about where his office is, but he is not the authorised holder of the shipping licence, which was issued in Latvia. We have asked the Latvian authorities for details of it and they say that his name is not on the licence.

My hon. Friend referred to what happened on Friday. I was not aware of the eight lorries that she referred to. However, there is no legal specification about the number of lorries allowed on the ship. The specification is about the number of people who travel. We believe that that is why some of the lorry drivers decamped and travelled via Dover. I am aware of the six-hour delay in loading to which she referred, which is clearly unacceptable. Whether it was illegal is questionable, because it could count as part of the rest period. The Animal Health and Veterinary Laboratories Agency issued a notice to sail to stop any further delay. I admit that I did not know until today that such a power existed. The AHVLA is considering the best course of regulatory action. We are seriously inclined to introduce a maximum period of two hours to load and sail, to prevent that from happening again.

[John McDonnell (Hayes and Harlington) (Lab)]

Many of us have constituents who have expressed concerns over the years, and who specifically want swift action on preventing the sail. I think that would help greatly.

[Mr Paice]

I think that preventing the sail might be counter-productive, because then the animals might face a longer journey back to where they came from if they had come from, say, the Republic of Ireland. However, we are taking measures to ensure that the ship sails quickly after loading, so that loading and sailing take place within two hours. I should also emphasise that it is a requirement of European legislation that all the necessary arrangements are made in advance, so that welfare is not compromised by insufficient co-ordination between the parts of the journey.

The motor vessel Joline, to which my hon. Friend referred, is licensed to sail in up to force 6 gales. We have recently had concern that she was sailing at what was considered to be the margin of that safety level. The captain was warned, but I emphasise that that is a maritime safety issue and not directly related to animal welfare, although clearly the welfare of the animals may be affected. There is no evidence that the captain has sailed in winds higher than force 6, but if I may use this phrase, he has sailed close to the wind.

There have been a large number of investigations by the AHVLA, but I need to emphasise that virtually all of them are about the vehicles rather than the ship. That is rather an important point, because it brings us to the enforcement of the existing legislation. That is an important consideration, particularly when we are discussing long journeys. The European Commission has spent nearly two years gathering data on the impact of the legislation and is due to report very shortly. It is too late for us to make any further submissions, as my hon. Friend suggested, but as soon as the report is published we will study it very carefully. We understand that it will have something to say about the level of enforcement across the Community, but will not make any recommendations of changes to the existing legislation. If that is the case, I can assure her that we will make further representations.

Whatever the report concludes, I will press the European Commission to come forward with proposals on both tightening the current enforcement of the existing rules and reviewing the existing long journey requirements to encourage shorter, more sustainable journeys linked to available slaughter capacity. Whatever the eventual outcome, I am sure my hon. Friend will agree that it must be based on the available scientific evidence, not subjective opinion or belief. I have to say to her that many member states will be opposed to any such tightening of those rules, and because the European Commission appears reluctant to take any action, any changes to the current rules on long journeys are unlikely to be achieved in the immediate future. That brings the matter back to this country and to my Department.

I believe that a more sustainable approach to the transport of livestock on long journeys must be found, and I will push for that at every available opportunity in the framework of future EU discussions on animal welfare during transport. I can say to my hon. Friend that, as I implied earlier, we will use every measure available to us within the bounds of legislation to be as robust as we can in ensuring that the highest welfare standards that can be achieved are achieved. As I said, we want to ensure that all those involved in the trade, whether they be shipping people or those running the lorries that transport cattle and sheep, are under no illusion that we will deal with them as robustly as we possibly can and take whatever measures are possible whenever there is an infringement.

I am grateful to my hon. Friend for raising the issue. Although I have not been able to do what I know she and other Members would like me to do, which is to declare that we will ban the trade—I am not able to do that—I hope she will rest assured that we will take every measure we can within the legislative arrangements that we have.

Question put and agreed to.