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

Lord Hodgson of Astley Abbotts Excerpts

Tuesday 15th December 2015 Lords Chamber

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[Lord Hodgson of Astley Abbotts]

That this House regrets that, since the Welfare of Animals at the Time of Killing (England) Regulations 2015 do not in all cases specify parameters for electrical water-bath stunning, poultry in England will be afforded a less rigorous level of welfare at slaughter than available in Wales and Northern Ireland (SI 2015/1782).

Relevant document: 11th Report from the Secondary Legislation Scrutiny Committee

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, before I turn to the background to the purpose of my regret Motion, because animal welfare generally and specifically the Welfare of Animals at the Time of Killing (England) Regulations 2015, or the WATOK regulations, give rise to such strongly held views and emotions, I need to make two things clear at the outset of the debate. First, nothing—and I repeat nothing—in my regret Motion is intended to restrict or impede the operation of the slaughter of animals according to religious rites. I am not going to go so far as to say that I personally support these practices but, that having been said, I remain 100% committed to freedom of religious belief. However, secondly and conversely, where that freedom on religious grounds has not been exercised, I argue that animal slaughter should then take place to standards laid down and agreed by national and supranational bodies, such as the European Food Safety Authority and the British Veterinary Association. This is where, at least as regards the slaughter of poultry, I argue that the Government are falling sadly short.

To explain my case, it is necessary to go into what I fear are rather gruesome details. Chickens that are to be slaughtered by the water-bath method are shackled by their legs, upside-down, on a moving line. This moving line descends so that their head drops into a water bath, through which an electric current is passing. This current should be of a sufficient frequency and voltage to stun them; shortly after emerging from the bath, the lines then pass through a series of revolving blades which decapitate the birds, the first of a series of steps that finally result in the appearance on the shelves of our supermarkets, familiar to all Members of your Lordships’ House, of shrink-wrapped chickens ready for the oven.

Noble Lords will understand from that brief description the importance of the water bath being properly operated; failure to do so can result in chickens which are completely unstunned or, alternatively, chickens which will have been given a severe electric shock, in both cases remaining conscious when arriving at the decapitation process. So what are the regulations which ensure that these water baths are operated properly?

The situation as regards poultry in Wales and Northern Ireland is straightforward. For example, Schedule 3, Part 1, to the Welsh regulations says:

“Nothing in this Schedule applies to the killing of animals in accordance with religious rites which are stunned before killing, but in such cases an animal must be restrained and stunned in accordance with the EU Regulation and Schedule 1”.

Those words,

“in accordance with the EU Regulation and Schedule 1”,

are very important.

Schedule 1 says, at paragraph 28:

“No person may use a waterbath stunner to stun poultry unless—

(a) the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with each bird’s head;

(b) the strength and duration of the current used is such that the poultry are immediately rendered unconscious and remain so until dead;

(c) where poultry are stunned in groups in a waterbath, a voltage sufficient to produce a current strong enough to ensure that every bird is stunned is maintained;

(d) appropriate measures are taken to ensure that the current passes efficiently, in particular that there are good electrical contacts;

(e) the waterbath stunner is adequate in size and depth for the type of poultry being stunned; and

(f) a person is available to ascertain whether the waterbath stunner has been effective in stunning the poultry and, if it has not been effective, will either stun or kill the poultry without delay”.

That is the current legal position in Wales and Norther Ireland, but the history of this issue as regards England is long, with Defra acting in an extraordinarily dilatory and indeed inexplicable way. The relevant EU regulations on the protection of animals at the time of killing were adopted in September 2009, over six years ago. It was only in September 2012, three years later, that Defra managed to get round to issuing a consultation paper. No matter that it was three years later—there were only six weeks for the consultation to take place. At that point Defra was intending to introduce the regulations in January 2013, four months later. In fact, the regulations were laid only in May 2014, 15 months later, and were due to come into force on 20 May of that year. Surprisingly, and unexpectedly, they were suddenly withdrawn on 19 May, the day before they were due to come into force, and so never came into force—and they have remained in limbo until today. That is hardly evidence of a department at the top of its game.

--- Later in debate ---

Although I am conscious of the other questions that I will be addressing when I write to noble Lords, I hope my noble friend will understand that we have given this very careful consideration and that there are protections in place. There are differences between Wales and Northern Ireland, where I understand there are no non-stun slaughterhouses, whereas there are a considerable number in England. For these reasons, we think we have taken the right step and—although I am available for further discussions beyond the regulations —I hope my noble friend will withdraw his Motion.

[Lord Hodgson of Astley Abbotts]

My Lords, I begin by thanking all noble Lords who have spoken in the debate. I thank the noble Baroness, Lady Parminter, for her forensic examination of the difference between the regulations, the noble Lord, Lord Trees, as a distinguished veterinarian who is some way further up the learning curve than I am, my noble friend Lady Byford for her practical experience, my noble friend Lord De Mauley, who is a poacher turned gamekeeper or perhaps a gamekeeper turned poacher—I am not sure which way round it is—and the noble Lord, Lord Grantchester, who I appreciate made some interesting comments, to one of which I should like to return in a moment.

As I expected, my noble friend on the Front Bench has given a full, courteous and comprehensive reply, and I would not want him to think that I underestimate the advantages that have come about in animal welfare as a result of some of these regulations. His lengthy remarks on this technical subject deserve a careful read in Hansard, but I have to say to him that I think there was a drawing on a mixture of the religious and non-religious—this way and that way—which I did not find entirely clear. However, I owe him a careful read. We did not get to the bottom of the issue about why there is this critical omission and change in the text of the English regulations compared to those in Wales and Northern Ireland.

The Times of 4 November states:

“If this was a clerical omission it would be merely regrettable, but it appears to be worse than that. When the new rules on stunning chickens were placed on hold last year the hesitation was explained by Defra on the ground that they might limit religious freedom. Concern was also voiced”—

as my noble friend said this evening—

“that if a minimum shock strength was imposed that was deemed too high, some halal slaughterers might stop shocking altogether. The first argument prioritised unscientific belief over animal welfare. The second allowed a minority of slaughterers to reset the legal parameters for their whole industry. Religious slaughtermen have a right to derogate from EU law (and thus most national regulations) governing non-religious slaughterhouses. This is as much latitude as any religion can reasonably demand”.

I am irrevocably or inevitably drawn to the conclusion that these regulations, as regards the position of poultry, are a fudge. Defra knows that they are a fudge and I suspect that my noble friend knows they are a fudge. This is not a happy evening for animal welfare as regards poultry. More importantly, as the noble Lord, Lord Grantchester, pointed out, it is not a happy evening for candour in public policy. Whatever our religious beliefs, the Government owe the country to be open and honest about matters such as these. Otherwise, suspicion, misconstruction and mistrust flourish, which was the point made by the noble Lord, Lord Grantchester, about the need to have transparency in the way in which decisions are reached in these matters.

I end by repeating that, in the light of all that has been said this evening, I hope my noble friend will go away and talk to his officials about further consideration of putting in the particular words in the regulations, which would answer the questions that we have all raised this evening. But it is late and, in the mean time, I beg leave to withdraw the Motion.

Motion withdrawn.