Welfare of Farmed Animals (England) (Amendment) Regulations 2010

Lord Henley Excerpts

Wednesday 8th December 2010 Grand Committee

Moved By

[Lord Henley]

That the Grand Committee do report to the House that it has considered the Welfare of Farmed Animals (England) (Amendment) Regulations 2010.

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

My Lords, these regulations implement Council directive 2007/43, which establishes for the first time rules governing the conditions under which meat chickens are kept and the monitoring of the birds in slaughterhouses for poor on-farm welfare. The directive is unique in that it looks not only at inputs but at welfare outcomes.

A small section of the directive dealing with mutilations will be implemented through the regulations which the Committee has just discussed.

These regulations apply to holdings with 500 or more birds. They do not apply to breeding stocks of meat chickens, hatcheries or chickens marketed as extensive indoor, free-range or organic. However, these birds are subject to the provisions of Schedule 1 to the welfare of farmed animals regulations 2007, which sets down general conditions for the way in which animals are kept. For the purposes of these regulations, we have defined the chickens in scope as “conventionally reared meat chicken”.

Meat chicken welfare is an important issue. Around 850 million meat chickens are produced in the UK per year and 4 billion across the European Union. The United Kingdom is one of the largest meat chicken producers in the EU, and the total value of the UK industry is estimated at £1.6 billion. There has also been an increase in public awareness of meat chicken welfare over recent years, reflected in significant sales of chicken produced to higher welfare standards by major retailers.

The directive came into force on 30 June 2010. There has been a delay in implementing it in English law due to the change of government and the new processes that have been put in place to ensure the close scrutiny of all new legislation. However, I know that the industry and enforcement bodies have started to take account of the EU legislation in their activities, including training, and I much appreciate their commitment and good will in working with us on implementation. It has been an example of partnership working at its best.

Currently, there is no legal maximum stocking density for meat chickens in England. The directive permits member states to allow a maximum stocking density of up to 42 kilograms per square metre provided that certain criteria are met, including a challenging cumulative daily mortality figure over seven consecutive flocks. Therefore, a producer would have to meet these criteria and provide the evidence before being allowed to stock at 42 kilograms per square metre.

We have decided not to take advantage of this derogation on animal welfare grounds. The draft regulations set instead a maximum stocking density for conventionally reared meat chickens of 33 kilograms per square metre, with the opportunity to stock up to 39 kilograms per square metre provided that additional house documentation requirements and environmental parameters are met. This is in line with the commitment in the coalition agreement to improved standards of farm animal welfare.

There is evidence that meat chicken welfare can be compromised at densities higher than 40 kilograms per square metre. A Defra-funded study at Oxford University showed that, while mortality and leg defects were not compromised at higher stocking densities, other measures were affected, such as jostling, a reduction in growth rate and fewer birds showing the best gait scores, which is an assessment of chicken walking ability. The Farm Animal Welfare Council has also advised against the adoption of a maximum stocking density of 42 kilograms per square metre. In addition, more than 90 per cent of domestic chicken production is currently subject to assurance scheme requirements, which operate at stocking densities at or lower than 38 kilograms per square metre.

Adopting this approach allows us to show leadership on animal welfare. The industry should aim to provide consumers with this information and promote the fact that English chicken meat meets the higher welfare standards set by this Government. Consumers can then make an informed choice. We are not alone in setting a maximum stocking density of 39 kilograms per square metre. I understand that Wales and Scotland have also already taken this approach.

However, we are not going to set this stocking density and walk away. The maximum stocking density will be reviewed as part of the post-implementation review of the regulations. In addition, the EU Commission will publish a report in 2012 looking at the directive’s application and influence on chicken welfare.

We intend to commission a socioeconomic research project to assess the impact of implementing the regulations on the relevant monetary and non-monetary costs and benefits identified in the impact assessment. As part of that, the analysis will look at the impact of the regulations on the industry, enforcement body activity, the effectiveness of slaughterhouse welfare triggers, welfare outcomes and the experience of other member states, some of which will be operating a maximum stocking density of 42 kilograms per square metre.

As I mentioned earlier, the regulations are unique in that they will also look at the welfare outcomes for the birds. All birds will be subject to post-mortem inspections in the slaughterhouse for possible indications of poor on-farm welfare.

For flocks stocked at over 33 kilograms per square metre, mortality information will also be assessed as an indicator of poor welfare. “Poor welfare” will be defined through the setting of welfare triggers for mortality and post-mortem inspections in the slaughterhouse. Any concerns will be communicated to the producer and to Animal Health in order for them to take appropriate action. That might include the drawing up of an action plan in conjunction with Animal Health to outline how a welfare problem will be addressed.

This system of welfare triggers will allow for a more consistent approach across slaughterhouses to the identification of potential on-farm welfare problems. The welfare triggers have been based in part on a pilot study that saw some of the largest meat chicken companies working with us and Animal Health. This is another good example of people working together to improve welfare.

As highlighted, these draft regulations are certainly an important step in improving the welfare of meat chickens and I commend them to the Committee.

[Baroness Quin]

My Lords, the Opposition are generally supportive of these regulations and the directive behind them. Indeed, the directive was agreed in European Union negotiations under the previous Government, and the regulations implement the directive here. The Minister is correct in saying that this is a useful and important step forward. This is the first time that rules governing conditions under which meat chickens are kept have been agreed at EU level and there is monitoring of birds for poor on-farm welfare. That incorporates some of the animal welfare concerns, which are very recent concerns in EU legislation, so I welcome that.

The Minister was also right to stress that this is an important industry for us. Very often in the EU context we tend to think that other countries are more agriculturally focused than we are, but in terms of this industry, as the Minister pointed out, the UK is one of the largest chicken producers in the European Union. The industry's total value has been estimated at £1.6 billion.

Obviously, the regulations also relate to public concern in terms of the increased demand for food that is produced to higher welfare standards. There has been an increase in the number of consumers wanting assured produce in terms of animal welfare as well as other things. Speaking as a consumer rather than a parliamentarian, I find that the labels can sometimes be confusing with all the different assurance schemes that exist. I know that this has been tried for a number of years, but it would be good if we could move towards more simplification and greater certainty for consumers in this respect. None the less, the trend that we have seen overall is a welcome one.

In general, the Government have tried to strike a balance between animal welfare concerns and the dangers of getting into a situation where we become over-reliant on imports that do not meet the same high standards. It has been a difficult balance to strike. I agree with the Government that the limit of 39 kilos per square metre should be supported, as should not going up to 42.

The Minister rightly said that Wales and Scotland are working along similar lines. I understand, however, that in Northern Ireland a limit of 42 kilos per square metre has been sought. While I fully respect the devolution settlement and the ability of different jurisdictions to decide on their policies, it none the less would be a desirable goal for the UK to operate similar conditions for trading reasons, just as it is a good idea for similar high standards to operate throughout the EU as a whole, even though that is a much more ambitious goal. I do not know whether the Minister has had any discussions with his Northern Ireland counterparts about this, or whether there are special reasons for this of which I am not aware.

The Minister also said that we are not going to walk away from trying to improve standards as time goes on. I think that those were his words. While we have not gone much beyond the minimum standards of the EU in these regulations, what does the Minister see as the possibilities for reducing stocking densities further—from, say, 39 to 33 kilograms per square metre? Does he see us moving in that direction over the next few years?

The regulations are slightly late in being introduced to Parliament but that is not surprising, given that an election took place earlier this year. Does the Minister have any information about whether the regulations and the directive have now come into force in other member states, or whether there are some member states that have not yet adopted the legislation in the way that they are supposed to?

Information from the British Veterinary Association raised some concerns that it originally had about the proposed regulations. It wanted more detail on environmental enrichment to reduce the risk of leg problems in poultry, on litter management to maintain optimum conditions and on the importance of floor temperature. Does the Minister know whether the various concerns raised by the British Veterinary Association have been met?

I recognise that there are costs attached to these regulations. What I did not quite understand from the Explanatory Memorandum is how much of the costs involved are on-farm costs and how much are off-farm, relating to slaughterhouses, inspection processes and so on, to see whether animal welfare issues have arisen. If the Minister does not have that information immediately to hand, I would be happy for him to write to me. It could be, however, that it is in the information and I just have not managed to spot it.

Compliance with these regulations will be very important. The impact assessment accompanying the directive states that there was a 19.1 per cent failure rate for compliance with existing meat chicken welfare standards. Do the bodies concerned, which I understand are the Food Standards Agency and Animal Health, have the resources to try to ensure full compliance with these regulations? I know that the Minister in another place said firmly that he was determined to stamp out abuses in animal welfare practice, but it would be good if the Minister could give us any further information on this.

Finally, repeating something that I said earlier, which the Minister was kind enough to agree with, building alliances for higher welfare standards will be very important at European Union level. I wish the Government well in that task.

--- Later in debate ---

[Lord Henley]

My Lords, I start by thanking the noble Baroness, Lady Quin, for her general support for the regulations and for her comments on the meat chicken industry, which, as she suggests, is very important. I would like to deal with one or two points.

First, the noble Baroness talked about problems for the consumer in terms of confusion about labelling. I agree that there is still much confusion here, but I hope that, gradually, bit by bit, through the industry and in other ways, we can address it so that there is greater transparency and so that consumers can ultimately make appropriate and rational choices. However, it should mainly be a matter for the industry to get these things right, and I am pleased with what has recently been happening in this area.

Secondly, the noble Baroness talked about what was happening in Northern Ireland, where they have a higher limit and have gone for 42 kilograms per square metre. One has to say that this is devolution and that is where we are. That decision was taken following a consultation in Northern Ireland about these matters and we have to accept that. I have certainly had no discussions with devolved Ministers there, although I do not know whether my honourable friend Mr Paice has. However, I agree with the noble Baroness to some extent, in that these things are important not just in relation to Northern Ireland but across the whole EU. We should all be talking to each other, particularly if it is felt that there is an unfair advantage with one country having a higher stocking rate. In terms of animal welfare, we never want to be in a position where we are, as it were, exporting bad treatment of animals to other countries by sometimes overdoing our rules when other countries do not do the same.

That leads me to what was almost the noble Baroness’s final statement, in which she asked whether we would continue to discuss these matters with colleagues in the EU Parliament and Council. We will certainly do that because it is important to get things right.

The noble Baroness, Lady Quin, also asked whether we wanted to go further in reviewing the stocking density in the future. Certainly, as part of our consideration of policy, a post-implementation review of the new legislation is required to be carried out. In addition, the Commission will publish a report in 2012 looking at the directive’s application and influence on chicken welfare and, as I said, we intend to commission further research into that. Therefore, we will look at this matter, although I obviously cannot give any assurances at the moment.

As regards implementation of the legislation in the rest of the EU, the noble Baroness understood why there had been a delay. This year we had an election, which often causes delays in these matters. My understanding is that it is now in force in the majority of other member states. However, we are aware that Italy and the Netherlands have only just started the process of implementation, so we will not necessarily be the last to do so.

The noble Baroness also asked about the costs on-farm and elsewhere—in slaughterhouses. I am afraid that I do not have the figures, so I shall write to the noble Baroness in due course if I can find something of use to say to her, otherwise I shall not do so. I am sure she will accept that.

Again, I thank my noble friend Lady Parminter for offering congratulations to the Government on doing something. She asked about the enrichment of cages. These regulations relate to meat chickens and do not cover the enrichment of cages. I understand that meat chickens are not kept in cages in this country, so that matter is not relevant.

My noble friend then moved on to problems which go slightly wide of the regulations. She asked about cattle and some of the new super-dairies. I shall not comment on that, other than to say that this is very much a planning issue and not one for us. However, whatever the conditions in which cattle, chicken or other animals are kept and stored, we will ensure that animal welfare issues are always taken into account.

I hope that I have dealt with the questions put to me and I commend the regulations to the Committee.

Motion agreed.