Animal Welfare (Livestock Exports) Bill

Lord de Clifford Excerpts

2nd reading
Wednesday 21st February 2024 Lords Chamber

[Lord de Clifford (CB)]

I also welcome this Bill and am in awe of the passion shown by many Members of this House in getting the Bill to this stage. I note my interests in the register.

The simplicity of the Bill is a strength and I hope that it will contribute to a quick passage through the House. However, by keeping it simple, there is the potential to miss certain areas of animal welfare. The range of farm animals included are the principal main production animals, but this leaves out minority animals —it does not, for example, mention birds. I thank the Minister for his time doing the briefing on the export of young poultry, also mentioned in detail by my noble friend Lord Trees.

I also welcome and back the noble Baronesses, Lady Young and Lady Fookes, on their amendments for these species to be included, if required in the future by the Secretary of State. As humans have generally shown over the years, where there is an opportunity or a loophole, people will seek to use it in some way. This will only be to the detriment of a small number of animals and birds in the future.

Due to the focused nature of the Bill, there is a missed opportunity to improve the general legislation with regard to the transport of animals throughout the UK and for their export for breeding and competition purposes. Some of these journeys can be of significant time and length, and we need to protect animals during this transportation. I ask the Government to look again at this legislation to ensure that we continue to improve animal welfare standards during transportation, to include time and distance travelled, to monitor the health and welfare of these animals, and also to include driver skill levels, the design of transport vehicles and the stocking density.

As mentioned by the noble Baroness, Lady Hodgson, the support of local abattoirs is essential to keep the transport distance down to minimum for animals due for slaughter. This proposed legislation can only happen due to the UK leaving the EU. Animals are certainly benefiting from this legislation, but we need to ensure the farming industry as a whole benefits too. The export of farm animals was a minor but significant part of the fresh and frozen meat sector, and the only reason it has reduced is the lack of EU border control posts, as mentioned by the noble Lord, Lord Carrington.

When this legislation is passed, this potential profitable and alternative market will be closed to English, Scottish and Welsh farmers due to the welcome higher animal welfare standards. I therefore ask the Minister to encourage the Government to begin, as asked for by the NFU, a formal process of developing and establishing a core production standard that applies to all agricultural imports, as mentioned by the right reverend Prelate. These standards should apply to all future international trade deals, to prevent the undercutting of British farmers, whose costs are increased by high animal welfare standards —which we all welcome.

All these high standards need to apply not only to production but to biosecurity, and these issues were highlighted by my noble friend Lord Trees in a recent debate on biosecurity. It is important that, if we cannot export our livestock for slaughter, we export and promote the UK’s high animal welfare standards and maintain a level trading playing field for all UK livestock producers.

Animal Welfare (Livestock Exports) Bill

Lord de Clifford Excerpts

Committee stage
Thursday 14th March 2024 Grand Committee

Moved by

[Lord de Clifford]

1: After Clause 1, insert the following new Clause—
“Regulations about extension to list of relevant livestock(1) An appropriate national authority may by regulations extend the list of “relevant livestock” in section 1(4).(2) Appropriate national authority in relation to the power under subsection (1), means—(a) the Secretary of State;(b) the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;(c) the Welsh Ministers, so far as provision made by the regulations would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru.(3) The Secretary of State may not make a statutory instrument containing regulations under subsection (1) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(4) The Welsh Ministers may not make a statutory instrument containing regulations under subsection (1) unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(5) Regulations made by the Scottish Ministers under subsection (1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).”Member's explanatory statement
This amendment would allow the appropriate national authority to extend, by statutory instrument subject to the affirmative procedure, the list of livestock species which may not be exported for slaughter.

[Lord de Clifford (CB)]

I have tabled this amendment with the support of the noble Baroness, Lady Hayman of Ullock, as an opportunity to improve the Bill and future-proof it for the benefit of all animals and animal welfare. This Bill is welcomed by all in the Committee, I believe, and we wish to see it on the statute book as soon as possible.

The basis of the Bill is to prevent the restart of the cruel and unnecessary trade in animal exports for slaughter and fattening. The Bill has identified in Clause 1(4) the relevant livestock. These animals have, without doubt, made up the majority of the trade and have suffered the most over many years. The Bill will have less impact on farming income and reduced opportunities than it would have done before Brexit, because this trade has almost stopped over the past few years. The Bill will stop the restarting of this trade and, in effect, is a safety net to stop the named animals having to go through this ordeal in future.

The question is why the Bill does not cover all animals. The Minister tried to address why other species have not been included in the Bill when summing up at the end of Second Reading, saying that two animal charities, Compassion in World Farming and the RSPCA, said that the Bill covered the relevant species to end this unnecessary trade. I noted that a similar amendment was tabled in the other place. In response to that proposed amendment, Compassion in World Farming said that it was not aware of any alpacas or deer being exported for slaughter. The RSPCA said that only sheep, calves and horses had been exported from Britain for slaughter in the past 10 years. If the RSPCA is correct in its comments, mature cattle have not been exported for slaughter and fattening over the past few years, but they have been included in the Bill. As I understand it, a possible trade in mature cattle was foreseen by Defra, and so, to act as a safety net, Defra included all cattle on the relevant livestock list so that the trade could not take place.

I believe that this amendment would only enhance the Bill, as it would act as a safety net for all animals in Great Britain not currently included in the Bill. I acknowledge and welcome the support for this legislation from the devolved Administrations in Wales and Scotland. I thank the noble Baroness, Lady Young of Old Scone, for her suggestion at Second Reading that the Secretary of State should have the power via secondary legislation to extend the list of relevant livestock to the Bill in Clause 1(4), so that if an export trade for slaughter in alpacas, deer, rabbits or other species was to be developed in future, relatively speedy action could be taken to stop that new trade via statutory instrument after consultation with the farming and veterinary industry and animal welfare charities, so that certain animals would be prevented from enduring this unnecessary journey.

Surely one of the functions of government is not only to look at the past and create legislation to improve society, and in this case animal welfare, but to look to the future to ensure that any changes in society or opportunities that people create cannot inflict similar issues to the ones that have already been banned—in this case, the suffering and cruelty of the livestock not currently included in the Bill.

Can the Minister and his advisers in Defra explain to someone new to the legislation process what the barriers are, and the possible repercussions of not including other species on the relevant livestock list, and possibly to not accepting this amendment, that we noble Lords have not foreseen? I hope that the Government can find time to include this amendment and that it does not slow up the implementation of this important and welcome Bill. I beg to move.

[Baroness Fookes (Con)]

My Lords, I warmly support this amendment and I doubt whether any remarks by my noble friend the Minister will convince me otherwise. I suspect the main reason that it is not in the Bill is that they have taken so long to bring it forward that they are now worried about any changes to it which might prevent the whole thing going through, for reasons I need not dwell on. But it is a serious mistake. No one can foresee what might be wanted for the export trade in the future. Therefore, this seems a sensible proviso against future problems. For that reason, I warmly support it.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)]

My Lords, I am grateful to the noble Lord, Lord de Clifford, my noble friend Lady Fookes and the noble Baronesses, Lady Bakewell and Lady Hayman, for their interest in this Bill and for seeking to ensure that the ban on live exports for slaughter is comprehensive.

This is indeed an important question, which we carefully considered when developing this legislation. We consulted on the ban on live exports in 2020 and received over 11,000 responses. I reassure noble Lords that we received no evidence then, and have received none since, that a ban on any other species was necessary. The definition of “relevant livestock” covers all species for which there has been a significant slaughter export trade. In the 10 years prior to EU exit, the live export trade for slaughter and fattening mainly involved sheep and unweaned calves.

Several noble Lords noted in our earlier discussions that poultry is not within the scope of the Bill. We have had no exports of poultry for slaughter in recent years.

Noble Lords have also discussed this amendment in the context of alpacas, llamas and deer. The 2021 June agriculture census reported records of around 45,000 farmed deer, 12,000 alpacas and 1,000 llamas kept in the UK. These numbers are extremely low compared to the numbers of animals for which a significant slaughter export trade has existed in the past; for example, around 33 million sheep and 10 million cattle are kept in the UK.

Deer, llamas and alpacas are kept for a range of reasons, such as for venison and for alpaca fleece. We have no evidence of any of these species being exported for slaughter or fattening from Great Britain to the EU, nor, indeed, that there is any demand for a trade in live exports from the EU or elsewhere. As the noble Lord, Lord de Clifford, pointed out, Compassion in World Farming, an organisation that has campaigned to ban live exports for 50 years, has said that it is

“not aware of any alpacas, llamas or deer being exported for slaughter”.

The RSPCA has also said that

“only sheep, calves and horses have been exported from Britain for slaughter in the last 10 years”.

I understand the noble Lord’s desire to ensure that the ban will apply to all relevant animals, both now and in future. However, when considering the data that we have on the past slaughter export trade, I firmly believe that the current definition of “relevant livestock” is already sufficiently comprehensive. I therefore ask the noble Lord to withdraw his amendment.

[Lord de Clifford (CB)]

I thank the noble Baronesses, Lady Fookes, Lady Bakewell and Lady Hayman, for their support for my amendment and for seeing the practical side of why we should have this amendment in place. I also thank the Minister for his detailed response, as ever, although I am disappointed that I have been asked to withdraw my amendment; it is practical and would safeguard those other species for the future. I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Baroness, Lady Hayman of Ullock, has raised the issue of the welfare of animals for export, which was raised at Second Reading. The noble Baroness, Lady Fookes, makes a very valid point about the welfare of expensive animals which are covered by this Bill.

The Bill allows, quite rightly, for animals to be exported for the purposes of showing, breeding and taking part in competitions. The owners of the animals will want their animals to arrive in tip-top condition. Some of the travel times which occurred for animals exported for fattening and slaughter, and their access to food and water, were completely unacceptable and shocking. I hope that that would not apply to the animals covered by the Bill as being permitted to be exported.

Although the owners of those animals going abroad for the purposes listed in the Bill are likely to ensure that their animals are well cared for, we cannot take this for granted and, occasionally, some exported animals may have a less than enjoyable experience once they have left our shores. For that reason, I support the amendment proposed by the noble Baroness, Lady Hayman of Ullock, although I am not entirely sure that it fits within the remit of the Bill. A review of the welfare of exported animals for whatever purposes, permitted under the Bill, should be reviewed to ensure that everyone is complying with the regulations.

[Lord de Clifford (CB)]

I thank the noble Baroness, Lady Hayman of Ullock, for this amendment, which I would support. Concerns have been raised in the equine world that there is fear that horses will be exported under the guise of competition but will then immediately go to slaughter. Do port authorities currently track the movement of livestock for breeding or competition out of our ports?

I also support the point made by the noble Baroness about the veterinary situation. There is still a shortage of veterinary staff. It is getting better but it is still an area that we are concerned about—certainly, with veterinary staff at ports. Certainly, we would welcome European veterinary staff on the other side of the border, and an animal import area in the French ports would be welcomed, if we could pressurise the EU for that.

[Baroness Hayman of Ullock (Lab)]

I thank noble Lords who have spoken for their support. The purpose of putting down this amendment was to be able to be able to talk very broadly about standards right across the piece, to make sure that no movement of animals was permitted to be below really high standards. The wording came about after a number of attempts; this was the one that was considered to be in scope, so that I was able to debate these issues. I am aware that this is about export and not about movement in this country but, again, we need to keep this on the radar and the Government need to look at it, particularly as the EU has toughened up its rules.

The noble Lord, Lord de Clifford, just made a really good point—it was also made at Second Reading— about the potential misuse of the Bill when it is enacted: for example the illegal transport of animals under the guise of them being for breeding but them then being slaughtered. I know that some equine charities have raised concerns about the potential for that to happen. What will be put in place to ensure that it happens absolutely as minimally as possible?

Having said all that, I beg leave to withdraw my amendment.

Animal Welfare (Livestock Exports) Bill

Lord de Clifford Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

Moved by

[Lord de Clifford]

1: After Clause 1, insert the following new Clause—
“Regulations about extension to list of relevant livestock(1) An appropriate national authority may by regulations amend the list of “relevant livestock” in section (1).(2) “Appropriate national authority” in relation to the power under subsection (1), means—(a) the Secretary of State;(b) the Scottish Ministers, so far as provision made by the regulations would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;(c) the Welsh Ministers, so far as provision made by the regulations would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru. (3) The Secretary of State may not make a statutory instrument containing regulations under subsection (1) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(4) The Welsh Ministers may not make a statutory instrument containing regulations under subsection (1) unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(5) Regulations made by the Scottish Ministers under subsection (1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).”Member's explanatory statement
This amendment would allow the appropriate national authority to extend, by statutory instrument subject to the affirmative procedure, the list of livestock species which may not be exported for slaughter.

[Lord de Clifford (CB)]

From the start of the passage of this Bill through the House, I have been in full support of its stated aims and the improvements it will bring to animal welfare in the farming sector. I thank the noble Baroness, Lady Hayman of Ullock, for her support for this amendment both in Committee and in the House today, and for her support and advice in helping me table my first amendment to any Bill in the House. I also express my sincere thanks to the Minister and his extensive team—from his office and Defra—for making time to meet me last week to discuss these amendments.

I still believe that this small amendment has merit, as it would provide future protection not just to animals currently listed in the Bill, but to all animals—such as cattle, horses, sheep, goats and pigs—from this unnecessary trade and long, arduous journeys to other countries. I acknowledge that the Government listened to the results of the initial consultation and to animal charities when preparing the list of animals that had been traded abroad for fattening and slaughter prior to us leaving the EU. This amendment seeks to provide a safety net for all animals in future, if a trade in animals such as rabbits, alpacas and deer were to start due to an opportunity being provided to some to increase income because of changes in society or the environment. In that case, the Minister of State could quickly stop that unnecessary and cruel trade, for the benefit of animal welfare, by extending the list of relevant livestock to include the relevant animal.

I took on board from our meeting the Minister’s enthusiasm to get this Bill on to the statute book as quickly as possible. If the Government supported this amendment, it would delay the passage of the Bill. Given current pressure on parliamentary time, an unwanted consequence might be that time is not found for the Bill to be reconsidered in the other place, resulting in it being lost. That is something I do not wish to see, as the Bill will improve conditions for many animals. I also note concerns about more delegated powers being granted to Ministers of State, which I understand is something we prefer not to do too often. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am conscious that we are on Report and should not, therefore, repeat speeches we have previously made. We are all aware that the whole thrust of the Bill is to prevent live animals experiencing long and distressing journeys to Europe to be fattened or slaughtered. The Bill is short and specific as to the types of animals within its remit.

The noble Lord, Lord de Clifford, has raised again the issue of extending the list of relevant livestock. As the Bill stands, there can be no extension of species: only those listed in Clause 1(4) are covered by the Bill. I believe this is short-sighted. Those of us involved in the passage of the Bill, both in this Chamber and the other place, are not able to anticipate what other species might become attractive for export for fattening or slaughter in future. During the debates at the various stages, other species have been mentioned by noble Lords. It seems sensible and humane for additional species to be added in future without the need for separate legislation to ensure this happens.

The two amendments from the noble Lord, Lord de Clifford, give the Secretary of State, Scottish Ministers and Welsh Ministers the power to amend the list of “relevant livestock”. This is not an outlandish request but a very sensible and pragmatic way forward.

I am aware of the shortage of legislative time for the Bill to pass. I am also mindful that making amendments means that it must return to the Commons, which would delay it getting on to the statute book. However, I also have the words of the noble Baroness, Lady Fookes, from earlier stages of the debate, ringing in my ears. She said that if it is not in the Bill, it will not happen. I subscribe to that view.

I strongly support these two amendments and am looking for reassurance from the Minister that there will be some flexibility in future to ensure that, if necessary, other species can be included in the Bill.

--- Later in debate ---

[Lord de Clifford (CB)]

My Lords, I am grateful to your Lordships for your support and your constructive challenge to my amendment and to the Minister for his detailed explanation. Given my own desire as well for the speedy passage of the Bill into law for the benefit of animal welfare in general, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.