Welfare of Animals at the Time of Killing (England) Regulations 2015

Lord De Mauley Excerpts

Tuesday 15th December 2015 Lords Chamber

I thank my noble friend for giving us the opportunity to express our concerns about this statutory instrument. We all want to see best practice, and I hope that the Minister will be able to reassure us with his comments in his response to this short debate.

[Lord De Mauley (Con)]

My Lords, this country has always prided itself on being at the forefront of the preservation of animal welfare, especially at the point of slaughter. That was why the Welfare of Animals (Slaughter or Killing) Regulations 1995—the regulations which preceded WATOK—contained, in addition to rules to implement the then EU directive, national rules, including for religious slaughter, which gave greater protection for animals than was contained in the directive. Therefore my first question for my noble friend is: can he confirm that those national rules will all remain in place under WATOK?

I understand that the FSA’s most recent animal welfare survey, in 2013, showed that less than 21% of all poultry during the survey period was killed by a religious method and approximately 18% of birds were stunned prior to slaughter, so, to put this in context, less than 3% of the total poultry production in Great Britain is—or at least at that stage was—not stunned. I would prefer to see all animals stunned before they are slaughtered. Equally, like my noble friends, I respect the rights of the Jewish and Muslim communities to eat meat prepared in accordance with their religious beliefs. It is, I think, helpful that WATOK introduces welfare enforcement notices, which allow the official vet to slow down or stop a procedure or operation, or to require the business operator to take specified steps to remedy a breach of the welfare regulations.

In a nutshell, this debate is about the balancing act between animal welfare and religious freedom. So, returning to the concern of my noble friend Lord Hodgson, I ask my noble friend the Minister for his assurance that, despite WATOK not applying the stunning parameters in annexe 1 of the EU regulation to halal slaughter, welfare standards are not being weakened or compromised.

[Lord Grantchester (Lab)]

My Lords, the House last debated the regulations on welfare in animal slaughter in a QSD raised by the noble Lord, Lord Trees, in January 2014, and I am grateful for his contribution again tonight. The noble Lord, Lord De Mauley, was a Minister at the Dispatch Box at that time, and his comments are welcome, as are his questions. The noble Lord, Lord Hodgson, raised his concerns at that time and I am grateful to him for bringing them back to us for examination. I declare my interest as a dairy farmer but I do not have any poultry.

As we have heard tonight, matters since that QSD have not continued smoothly. Later in 2014, the Government brought in regulations but revoked them before they came into force, citing that the potential impact of some limited aspects of religious slaughter needed further consideration. At that time, your Lordships’ Secondary Legislation Scrutiny Committee considered that the inadequacies of Defra’s handling of the consultation appeared to have reduced the quality of policy-making and to have contributed to a process that was protracted, uncertain and still unresolved more than 18 months after the key consultation took place.

A further 18 months have now gone by. The Secondary Legislation Scrutiny Committee remained concerned. In its 11th report in 2015 it said:

“The delay that has occurred since revocation of the 2014 WATOK Regulations may have allowed a better articulation of policy in the light of those views, but we remain concerned that the Department’s uncertain handling of the relevant secondary legislation will have caused confusion to those interested parties who have awaited decisions on implementation of the EU Regulation”.

Since 2014, there does not appear to have been any further consultation, yet Wales and Northern Ireland have already implemented a crucial variation that has been highlighted by the noble Lord, Lord Hodgson. This omission has consequences for the welfare of chickens in that in England’s regulations no stunning parameters are prescribed that would help to ensure an effective stun during water-bath stunning. Other noble Lords have drawn attention to this.

I should also like clarification on why this has been designated by the Minister as a negative SI. I understand that, under the Legislative and Regulatory Reform Act 2006, in making a decision that designates an SI as a negative instrument the Minister must satisfy a list of tests. Taking into consideration the negative procedure in relation to parliamentary scrutiny and the wide range of opinions on these regulations, can the Minister explain his ministerial thinking in making the decision to designate this as a negative SI?

The noble Baronesses, Lady Parminter and Lady Byford, asked the Minister to explain the issues behind the considerations that brought about the withdrawal of regulations last year and why the review came to the conclusion that it did, differing from the regulations in the devolved Administrations.

The use of electrical water bath stunners raises concerns that this in itself has a detrimental impact on bird welfare. The shackling and inversion of live birds is both stressful and painful. In addition, it is not currently possible to ensure that all birds receive an effective stun in this procedure. This leads to the situation where operators cannot distinguish between an unconscious bird and an immobilised bird, and so cannot assess stun efficacy. As the noble Lord, Lord Hodgson, has described, the omission of parameters for electrical water-bath stunning can lead to an ineffective stunning of birds with resultant suffering.

It would appear that the Minister’s SI needs to address two crucial aspects. First, stunning parameters must be set at a level that are known to achieve a consistent effective stun. Secondly, these stunning parameters must be specific to and acceptable for use by the relevant religious authorities, ensuring that the parameters will reliably and consistently provide a recoverable stun.

Labour appreciates that organisations including the British Veterinary Association, the National Secular Society and the British Humanist Association have all expressed concern about the animal welfare implications of religious slaughter. These views have been contested by Jewish and Islamic groups.

Under EU law, there is no requirement to label meat as “stunned” or “non-stunned”. The EU Commission is currently considering the practicalities of enforcing such regulations. That announcement is awaited. Labour believes that labelling should not be faith-specific so that the issue remains one of animal welfare and is not in any way religiously orientated. Consumer interests are best served through transparency in food production and processing. Consumers have the right to know exactly where their food comes from, how it has been raised, and how it has been slaughtered and processed. Labelling is important, as production supply according to religious procedures is in excess of that demand and the resulting excess becomes part of the national food chain.

The Explanatory Memorandum does not highlight any differences between the regulations that apply in England and those that have been introduced in Scotland, Wales and Northern Ireland. The RSPCA has provided an excellent briefing note that highlights the omission of one paragraph on the general prohibition. The noble Lord, Lord Hodgson, quoted this and underlined the differences resulting from this in the effects that pertain in the devolved Administrations.

It is important that the Government get these regulations right to be consistent with EU legislation and to balance welfare and the demands of the religious authorities.