Animal Welfare (Exports)

Laura Sandys Excerpts

Thursday 13th December 2012 Commons Chamber

[Laura Sandys (South Thanet) (Con)]

I beg to move,

That this House has considered the matter of live animal exports and animal welfare.

It is a great pleasure to open this debate, which was requested by a cross-party group of Members. I want first to thank the Backbench Business Committee for granting us a debate on this extremely important issue. It is an extraordinary thing: Britain can have extreme pride when it comes to animal welfare—we have a strong sense of tradition. This is the country that passed the first piece of legislation on animal welfare—I believe it was in 1635—when we prohibited the pulling of wool off sheep and forbade the attaching of ploughs to horses’ tails.

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

Can the hon. Lady advise us whether that was in any way gold-plating of EU regulations?

[Laura Sandys]

I am sure the horses and sheep would have had something to say if it had been. That legislation was not only about animal welfare, but about more effective agriculture—I am concerned about how effective a plough drawn from the end of a horse’s tail would be. Even Cromwell decreed through parish rights that

“No Man shall exercise any Tyranny or Cruelty towards any brute Creature which are usually kept for man’s use.”

We should therefore be proud of our traditions and standards.

It was for that reason that when I became a Member of Parliament, I did not feel that this issue would concern me particularly. I felt we were leading the way—setting the standard. That was most certainly the case until live animal exports started from my local port in Ramsgate. As I started to see the trade first hand, I was extremely surprised that we in this country had so little power or control over the well-being of the animals bred here by UK farmers and exported to the continent. The trade out of Ramsgate shows, for example, how many licensing regimes regulate the industry. The ship that takes the animals across from Ramsgate to France is licensed in Latvia, but was designed as a roll-on, roll-off vessel for river crossings in Russia, not for crossing the channel. The transport licence holder has a licence in Holland. The drivers of the lorries do not need licences at all, but they do need to hold certificates of competence, which can be granted in any country, including those with different animal welfare priorities. They do not have the same tradition as us or the same high standards.

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

If I could take the hon. Lady back to the vessel that carries the animals across the channel, does she know why it is used instead of the normal channel ferries on the Dover-Calais routes, which carry lots of goods, travel faster and are in better condition?

[Laura Sandys]

The trade used to be out of Dover, but there was an issue with berths and some of the animal transport boats. Indeed, there was an issue before I entered this House whereby the ferry operators banned the trade on their ferries. As a result, a specific transportation mechanism was needed, but we are talking about a ship that is not equipped to go across the channel, despite our regulators saying that it is. It is equipped for fresh-water river crossings, not channel crossings in the middle of winter. We have already had a major crisis, when animals were taken halfway across the channel but had to return because the boat could not manage the seas.

Let me return to the drivers, the third element in all this. They do not need licences; they need certificates of competence. Certificates of competence can be granted in any country, with any set of standards, and would not necessarily meet the standards of competency in this country, which must reflect not only an ability to deal with animal welfare in a positive sense, but an ability to deal with animals in a crisis. I have seen major problems on my portside when people without the relevant competency have tried to deal with crises and emergencies.

Of course we have to meet EU standards, but others do not have to meet UK standards. When I went to see the commissioner in Brussels, he told me that he was keen for the rest of Europe to raise its welfare standards to match ours, but at the moment we are witnessing a race to the bottom. As a result, lowest common denominator standards are being applied to all the different licensing regimes in the different parts of the live animal export supply chain. Our farmers in this country are not lax about animal welfare. They take huge pride in maintaining standards, but once they start trading in the licensing regime, the EU standards apply. I have been contacted by many farmers who have been appalled by what is going on in my port.

[Mr Kevan Jones (North Durham) (Lab)]

Is this not another example of the UK gold-plating regulations while the rest of Europe ignores them? Is the hon. Lady aware of moves in any other European countries to ensure that at least the minimum standards in the regulations are enforced?

[Laura Sandys]

That is an important point. The commissioner told me that one of his key priorities was to enforce the existing EU regulations across all of Europe, because there are quite a lot of inconsistencies. Despite my dislike of gold-plated EU regulations, I believe that, in this instance, it is the gold-plating that enables us proudly to maintain our tradition as a country that stands up for animal welfare across the board. However, we need to encourage the Minister of State to be much more forthright towards countries that adopt different standards.

[Mr Jones]

Is the hon. Lady aware of any countries that are not complying with the minimum standards set out in the current European regulations?

[Laura Sandys]

I do not have precise knowledge of which countries are not complying with the regulations. Animal welfare can also be a cultural issue, with different countries having different cultural responses to the regulations. I hope other Members will agree that our Minister needs to be absolutely clear with countries that are pursuing the lowest possible level of animal welfare provision or that are not meeting the UK’s standards, which should represent the gold standard.

[Lyn Brown (West Ham) (Lab)]

On the question of port inspections, I was concerned to note that only 45 out of almost 40,000 animals were deemed unfit to continue their journey when inspected at the port. Does the hon. Lady agree that there might be a lack of decent inspections on our side of the channel as well?

[Laura Sandys]

There are issues about the EU, and there are issues about the competent authority. The competent authority in this instance is the Department for Environment, Food and Rural Affairs, and it needs to ensure that we have a gold standard for inspections, enforcement and licensing.

[Mr Robert Buckland (South Swindon) (Con)]

On the point about enforcement, my hon. Friend might be aware that article 26.6 of European Council regulation No. 1/ 2005 gives member states the power temporarily to prohibit the use of transportation in the case of

“repeated or serious infringements of this Regulation…even if the transporter or the means of transport is authorised by another Member State”.

Would she therefore acknowledge that a power exists within the regulation to take unilateral action?

[Laura Sandys]

I welcome my hon. Friend’s great knowledge of EU regulations. I will come to that point in a moment. It is crucial that the existing powers are aggressively exercised in this trade, and the first challenge that I shall throw to the Minister, which I am sure he will welcome, is that he should use his good offices and his political will to ensure that we raise standards right across Europe.

The second priority for me and my local residents is that we seek to ban live animal exports. The fact that there are few benefits to the trade is illustrated by the significant drop in the number of live animals being traded out. The problem is that our farmers are not being properly paid for the food they produce. My understanding, from talking to representatives of the National Farmers Union, is that this is a marginal trade undertaken by some farmers who can get a better price for their animals on the continent. It is crucial that farmers are properly paid for their work and for their investment in animals. We need to ensure that we are building the right levels of value into the food supply chain, and that we do not undercut certain stages of our food production.

[Mr Nigel Dodds (Belfast North) (DUP)]

Some farmers in Northern Ireland say that they are at the mercy of the prices that local slaughterhouses are offering. Does the hon. Lady acknowledge the real concern that that could drive prices down even further for farmers?

[Laura Sandys]

I know that the trade in Ireland is much bigger than it is on the mainland—or certainly than it is in England. I am interested in this issue in a broader sense, right along the food supply chain, and I believe that we have undervalued food across the board. We need to ensure that farmers are getting fair prices, but this trade is not the answer to the fundamental problem of the market not delivering good value to farmers. We need to address the problem comprehensively, and I know that it is the will of my constituents—and of many people around the country—that we should be seeking to impose a ban on live animal exports. There is no reason why farmers should not be able to get good value for their animals by exporting them after slaughter, rather than on the hoof.

[Henry Smith (Crawley) (Con)]

I congratulate my hon. Friend on securing the debate. I, too, would support a ban on live animal exports. Would she acknowledge that the journey of animals being exported for slaughter often starts many miles and many hours from the port from which they exit this country, and that it can continue for many kilometres and many hours before they arrive at their destination on the continent, where they are to be slaughtered?

[Laura Sandys]

I totally agree. The transportations that go out of Ramsgate can come not only from the north of England but from Ireland, and we can speculate that they are ending up in southern France, Spain and sometimes Greece. I still do not understand how that business model can deliver value, given the time taken to transport the animals from one end of Europe to the other, along with the cost of transportation, licensing costs and lairage. I do not understand the fundamentals of the business of transporting animals that far.

[Duncan Hames (Chippenham) (LD)]

I am glad that my hon. Friend is focusing on the welfare of animals. Does she agree that that is more important than the question of whether they cross a border? Many animals being taken for slaughter within mainland UK experience longer journeys than those being exported from, say, Northern Ireland to somewhere not very far away in the Republic of Ireland.

[Laura Sandys]

Absolutely. Animals can be transported across Europe, and the journey need not involve crossing water, but our priority must be the standard of that transportation. As I said, the licensing regime has many layers, which creates a lot of confusion and inhibits us from imposing our own animal welfare values on operators within our borders.

[Jim Fitzpatrick]

I confess that I have not finished my research for the debate, so, given that we have reached it earlier than I anticipated, the hon. Lady might be able to help me out with a figure. I believe that the number of animals exported is less than 5% of the total number slaughtered in the UK, which gives us a measure of the size of this trade. Does she know what percentage of live export animals are sold abroad for breeding purposes rather than for slaughter and meat?

[Laura Sandys]

As I understand it, there are two quite distinct trades. The animals exported through my port are definitely for slaughter and not for breeding. I am happy to be corrected, but I believe that animals for breeding will be transported in quite different conditions from those transported for slaughter. That shows the difference between looking at the issue as a long-term economic asset as compared with a temporary price differential to be achieved in a different territory.

[Kerry McCarthy (Bristol East) (Lab)]

According to Compassion in World Farming, about 4.5 million sheep were slaughtered in the UK in 2011, but only about 72,000 exported—0.5% of the total. That chimes with what the hon. Lady was saying—that it is difficult to understand why there is an economic imperative for sending those 0.5% of sheep abroad for slaughter rather than slaughtering them here.

[Laura Sandys]

I am grateful for the hon. Lady’s knowledge in this field, which is extensive.

I asked the Commission in Brussels whether it had done any form of business analysis to show why this business is economic. I still feel that fair prices for farmers that take animal welfare really seriously are absolutely crucial. I do not necessarily understand the business model behind the exporting business.

[Nic Dakin (Scunthorpe) (Lab)]

The hon. Lady is setting out the case very clearly. She makes the point that animal welfare is central and highlights the UK’s excellent record. It is integral to the case she is making for minimising animal transportation wherever possible. If there has to be transportation in the UK or beyond, there should be the highest welfare standards. That is an issue for the Minister to address through the competence of DEFRA as much as anything else.

[Laura Sandys]

I agree with hon. Gentleman. A point about gold-plating was raised earlier. It applies to some of the legislation on abattoirs, and relates to transportation distances becoming longer within the UK. There are issues with domestic animal welfare that we have not necessarily promoted.

Let me return to some of the key themes, which I hope other Members will take further. I shall come on to the third element about which I feel strongly as I represent the interests of my constituents. The first two themes are EU competences and EU legislation, where the Minister represents and reflects our concerns, but the third is about the UK as a competent authority. I appreciate the restrictions on DEFRA’s ability to act, but I sometimes feel that it can be a touch meek and mild, not using all the entry points it might have.

I welcome the Minister’s statement yesterday on tightening some of the regulations and enforcement, but I would like to see a lot more commitment in three key areas. The first relates to a “fit and proper operator”. We must clearly understand what infringements an operator must commit to stop being fit and proper. I have no understanding of that, but I am greatly concerned about the transporter that has received six warning notices from the Royal Society for the Prevention of Cruelty to Animals. We have had major crises in the port side, with 47 animals being slaughtered. A ram that broke its horn had to be shot in the truck and was then pulled out. We do not have penning arrangements, yet we still have an operator that can receive licences. I would be interested to know whether DEFRA has contacted the Dutch authorities to express concern about the method used and the experiences that we have had to endure in Ramsgate.

I reiterate the point made by my hon. Friend the Member for South Swindon (Mr Buckland) about the very strong powers. If we look at paragraph 6 of article 26 of the EU Council regulations, we find that there is an opportunity to

“temporarily prohibit the transporter or means of transport concerned with transporting animals on its territory”.

I hope that the Minister will be increasingly robust about that issue.

Two other smaller issues are crucial, the first of which is the cost of licensing. I was fascinated and staggered to find that there was no cost to a transportation licence. Someone applies and, if they have a certificate of competence, there are no related costs. I have run two small businesses and all I can say is that I had to pay every time health and safety turned up at my door to give me a certificate to be a fit and proper organisation. There are lots of costs in running an organisation. There is then the added cost to the taxpayer, which in this instance is for animal welfare inspections of the operations that the Minister is running through DEFRA. Why has that fully-loaded cost not been put on to the operator? Ultimately, as small businesses, we all pay for the regulatory regime to which we are subject.

[Andrew Bingham (High Peak) (Con)]

Does my hon. Friend feel that if the cost were put on the operator, it might discourage some of the horrific tales we have heard about, and perhaps discourage the more cavalier and cowboy operators from involvement in this trade?

[Laura Sandys]

It is crucial that we accept and tolerate only the very best transporters in the sector. I feel strongly about this trade generally, but we must ensure that operators take their responsibilities extremely seriously and that this trade is not being subsidised by all of us as taxpayers. In my constituency, where there is much more involvement, it is my local taxpayers who are paying for a lot of this, and I would like to see them refunded for the impact it is having on their bills.

[Tessa Munt (Wells) (LD)]

My understanding is that there is a cost to licensing. I shall use the example of George Neville’s firm, which is in the Minister’s constituency, abutting mine. It has a fleet of 20 vehicles—this is executive transport, with water, fans and hydraulic decks that lift up and down so the stress levels on the animals are hugely reduced—but it pays £4,000 for the licences on those 20 vehicles.

[Laura Sandys]

That sounds like the Rolls-Royce of transportation, and I would be very pleased if the animals coming through Ramsgate were in that sort of condition. My understanding is, however, that people can apply for a transportation licence, although I do not know whether this is a different sort of licence from the one to which the hon. Lady has just referred, and that they can get it for free.

[Mr Kevan Jones]

Is the hon. Lady aware of anyone who has been refused a licence, and how many licences have been withdrawn because of welfare concerns?

[Laura Sandys]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are now 25 minutes into this debate, when 10 to 15 minutes was expected. The hon. Lady has taken many interventions, but I am sure that she must be coming to a conclusion as she wants to allow other Members to enter the debate.

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[Laura Sandys]

Thank you, Mr Deputy Speaker. I am sure that the Minister will be happy to answer the questions put to me.

I believe that we need to look clearly at what is going on in Europe and to raise standards in Europe, ensuring that we address some of the licensing regimes across Europe. Ultimately, I urge the Minister to use all the powers he has—they seem explicit and give him a lot of scope—to ensure that if we must have this transportation mechanism and live animal exports, we have the best in business.

--- Later in debate ---

[Mr Heath]

As we have heard, Dover is no longer used. There may be more than one reason for that. I am not sure whether it was because of the damage to its docking facilities or because of the effect of the public protests on a port that has a high throughput of other traffic, but the perverse effect is that vehicles and shipping are being used at Ramsgate that might not be ideal for the purposes of the trade.

[Laura Sandys]

I thank the Minister for all the work he is doing, but what he outlined before the intervention by my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) was the lack of clear accountability and the Department’s lack of ability, as the competent authority, to unravel the different layers of licensing and the different regimes under which licences and competencies are managed. To be frank, we as a Parliament should collectively be pushing this on Brussels, to ensure that there is absolute clarity that the Department can take action and enforce its responsibilities effectively, without having to go through a Byzantine licensing and competency regime.

[Mr Heath]

The hon. Lady makes a very important point. The EU Commission itself notes that the level of enforcement varies significantly between member states. Taking regulatory or enforcement action against transporters based abroad presents legal and technical challenges that do not exist in relation to British-based transporters.

I do not like picking fights with those who argue strongly for animal welfare, but it is wrong for some welfare activists to claim that my Department and the AHVLA have been reluctant to take action against transporters when necessary. Since exports of livestock commenced from the port of Ramsgate, the AHVLA has inspected 113 vehicles at the port and supervised the loading of a further 68 vehicles at its premises of departure and three vehicles at control posts—that is 60% of the total number of vehicles presented for export via the ship, Joline—carrying more than 41,000 farm animals out of a total of 120,471 animals exported from Ramsgate.

As a result of those inspections, the AHVLA has taken regulatory action on 41 occasions, serving 30 statutory notices and issuing 11 verbal warnings. Regulatory action by the AHVLA has resulted in four vehicles being prohibited from continuing their journeys. In addition, 10 vehicles approved and certified in another member state have been temporarily suspended from operating in Great Britain until the necessary modifications have been made to them. Three incidents have been referred to a local authority for investigation with a view to possible prosecution.

I repeat and make clear that I will not tolerate the use of sub-standard or faulty vehicles that, in the view of the AHVLA, are not fit for purpose. I am confident that the AHVLA will continue to take robust action against any transporter using poorly equipped or designed vehicles in the future.

I, the hon. Member for Ogmore and others have mentioned the EU Commission’s recent report on the impact of transport legislation. The EU has competence in the area of animal welfare during transport, so we cannot take any unilateral action. That would be contrary to the requirements of Council regulation 1/2005, which has been mentioned many times. This is an important legal point and it is essential that people understand it. Although article 1 of the legislation permits member states to take stricter national measures, they can only apply to transport taking place entirely in their own territory or during sea transport involving trade outside the EU. Stricter national measures do not apply to intra-Community trade, so we are not in a position take unilateral action.

A point that has not been raised much today, but that has been raised outside the Chamber, is lairage at Ramsgate port. It has been claimed that Ramsgate port requires lairage facilities at or close to the port so that the requirements of the EU welfare in transport legislation can be properly enforced. That is not correct on two counts. First, there is no legal requirement for such facilities at a port that operates a roll-on/roll-off ferry service, such as the MV Joline. Those who claim that such facilities are needed at the port appear to have confused the legal requirements for livestock vessels, which animals are physically loaded on and off, with those for roll-on/roll-off vessels that do not require the loading or unloading of animals at a port.

It must be remembered that the EU legislation places a legal responsibility on transporters to minimise the length of the journey. There is also a requirement that the competent authority must not detain animals in transport, unless it is strictly necessary for the welfare of the animals or for reasons of public safety. I have touched on the point that the routine unloading of animals is also wrong from the animal welfare perspective. The EU legislation acknowledges that the unloading of livestock during transport is stressful for the animals, can lead to injury and increases the risk of animal diseases.

As a result, the AHVLA will unload animals only when it is absolutely necessary. Should it need to do so, because other options are not practical in the circumstances or because it is in the best interests of the welfare of the consignment as a whole, two farm-based facilities are available within one hour’s drive of the port. Those facilities have been used by the AHVLA on four occasions in the recent past. We believe that their existence continues to fulfil the legal obligations on DEFRA as the competent authority under the EU welfare and transport legislation.

Some Members have pointed to the fact that the last audit inspection by the food and veterinary office, which is part of the European Commission, engendered exchanges concerning emergency unloading facilities close to the port of Dover. The facilities that we now have were not available when that report was written, so it is not directly relevant.

The issues that the Commission has identified in the enforcement of the EU welfare and transport legislation are crucial to our understanding of this subject. This is where we all share common ground, even those who feel that we should not be exporting animals beyond our shores. The welfare of animals in transit is what we all want to achieve.

Sadly, there are still cases in which severe animal welfare issues persist. The Commission has identified key areas of concern, not within the UK, but across the EU. Those are the transport of unfit animals, the overstocking of vehicles, the transport of animals in vehicles in which the internal height of the compartments is inappropriate, animals not receiving enough water during the journey, and animals being transported for longer than the maximum permitted journey time. Having identified those issues, I am disappointed that the Commission is not taking decisive action to address them. We will push hard for it to do so.

This matter has not been raised when I have attended the Agriculture Council, but it was raised at the Council in June. My predecessor, the right hon. Member for South East Cambridgeshire (Sir James Paice), while supporting the Commission’s desire for better enforcement, recorded his desire to see improvements to the legislation, particularly through a review of the journey time rules in the light of more recent scientific evidence. That point has been raised by several Members in this debate. The right hon. Gentleman also said that the Government could not support the demand for a maximum limit of eight hours on all journeys involving livestock because the scientific evidence does not support such a limit for all major species of livestock.

The committee on agriculture and rural development of the European Parliament appears to support that view in its recent report on the protection of animals during transport. The report recognises, among other things, that such a demand alone has no scientific basis, and considers that animal welfare during transport in some instances depends more on proper vehicle facilities and on the proper handling of animals, as documented in the opinion of the European Food Safety Authority of December 2010, than on the overall length of the journey.

Although we will continue to press the EU Commission to update EU legislation on welfare in transport in line with available scientific evidence, it has decided to take a more strategic approach by tying the rules on transport more closely to requirements in the official food and feed controls legislation—regulation 882/2004—which is currently being re-written. Although it is possible that such a move could help to solve some of the problems with enforcement mentioned by the EU Commission in its report, it is too early to form a judgment on whether that is the most appropriate method of doing so.

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[Laura Sandys]

I thank the hon. Members for Poplar and Limehouse (Jim Fitzpatrick) and for Brighton, Pavilion (Caroline Lucas) for co-sponsoring the debate. I also thank all other Members, from farmers to animal campaigners, who took part in it. We have had a full spectrum of views, but we have been bound together by our common purpose of considering animal welfare.

I thank the hon. Member for Ogmore (Huw Irranca-Davies) for his contribution and the Minister and his team. I represent the people of Ramsgate, and we want the most robust regulation that can be put in place. We welcome the statement about zero tolerance, which must be upheld. We would like to establish a definition of a fit and proper operator of the trade. One day, we will resolve the trade through the EU. In the meantime, I look to the Minister’s good offices to ensure that it is regulated effectively.

Question put and agreed to.

Resolved,

That this House has considered the matter of live animal exports and animal welfare.