Avian Influenza

Lord Randall of Uxbridge Excerpts

Thursday 3rd November 2022 Lords Chamber

[Lord Benyon (Con)]

We have very high animal welfare standards here, as seen in the removal of battery cages, and have worked faster than other countries in Europe and elsewhere to improve those factors. The point lying behind the question of the noble Baroness is that, when my grandparents were alive, chicken was a luxury item that one had relatively rarely. In many cases, it was reared on the premises. It has now become the staple diet of large populations right around the world. In a way, the market has responded to that. I am not saying that complications have not arisen, but the recent drive by retailers for free-range eggs has seen an enormous increase in egg producers in areas such as the Wye Valley, which is starting to have an impact on the natural environment.

The Government have to try to foresee all these things and then bring in measures, whether in planning, the right incentives, regulation or laws. The noble Baroness asks a perhaps more philosophical, societal question; we need to tackle it as best as Governments can, but people want to and like eating chicken and eggs. There are a lot more people around than there were when my grandparents were alive. We have to feed a hungry world, but we have to do so sustainably and mindful of the impacts of disease and on the natural environment.

[Lord Randall of Uxbridge (Con)]

My Lords, this is a terrible disease; my sympathy goes out to the producers and so forth. I declare my interest as a council member of the Royal Society for the Protection of Birds and other conservation interests. I was very heartened to hear of the involvement of the British Trust for Ornithology and the RSPB. It is not just gannets; the world population of great skuas is severely at risk. My noble friend may recall that there was some talk of setting up a task force specifically to look at the conservation impacts of this disease.

On game bird releases, while I agree with my noble friend that current shoots will not spread it, I wonder whether we should have done something a bit earlier. If this horrible disease is still so present this time next year, will game bird releases be stopped as they would be now under the housing orders?

[Lord Benyon (Con)]

I assure my noble friend that there is a sort of task force already in place. Defra and the devolved Administrations, working with the Animal and Plant Health Agency, Natural England, NatureScot, the Joint Nature Conservation Committee and non-governmental organisations such as the RSPB and the British Trust for Ornithology, are monitoring and responding to the effects of avian influenza on wild birds. We produced our Mitigation Strategy for Avian Influenza in Wild Birds in England and Wales, which sets out practical guidance to support land managers, the public, ornithologists and NGOs in England and Wales in their response to the growing threat of avian influenza to wild birds—how they can report it and what measures they can take.

On the other matter, I repeat what I have said. We will keep these factors under observation, but we must remember that, if we bring in measures against one sector, we have to make them consistent. Are we going to ban everyone from walking on a footpath, because carrying the faecal matter of an infected bird on your boots to another part of the countryside could spread it just as badly? We need to be really clear about the impact this could have on the rural economy and the important work many people do for nature conservation, such as gamekeepers, who keep numbers of wild birds vibrant in those areas. We want to make sure we do not cause unseen problems but take proportionate measures on the basis of scientific evidence.

Environmental Targets

Lord Randall of Uxbridge Excerpts

Monday 31st October 2022 Lords Chamber

Asked by

[Lord Randall of Uxbridge]

To ask His Majesty’s Government when they intend to publish their environmental targets to comply with the legal requirements under the Environment Act 2021.

[Lord Randall of Uxbridge (Con)]

My Lords, in asking a Question of which I have given private notice, I draw attention to my conservation interests as set out in the register.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, as set out in the Written Ministerial Statement I laid on 28 October, we will continue to work at pace to lay draft statutory instruments as soon as practicable. Our next steps include agreeing the final targets across government and scrutiny by the Joint Committee on Statutory Instruments. His Majesty’s Government remain committed to our future targets to halt the decline in species by 2030 and to bring forward the wider suite of targets specified under the Environment Act as soon as practicable.

[Lord Randall of Uxbridge (Con)]

I thank my noble friend for his Answer. I congratulate him on not only his reinstatement in the department but his elevation to Minister of State; it reassures me that this Government are reaffirming their commitment to their manifesto promises on the environment.

It is of course disappointing that we have not met these targets by the due date. However, can we use this delay to increase, for example, our target for the protection of terrestrial sites, which would be very helpful in encouraging into domestic law our 30by30 commitment, and our species abundance target? I urge the Government not only to do this as fast as possible but to ensure that, by the time we attend COP 15 in Montreal, these targets are in place—and remember, they are just targets; what we really want is action.

Growth Plan 2022

Lord Randall of Uxbridge Excerpts

Tuesday 25th October 2022 Lords Chamber

[Lord Benyon (Con)]

The greatest crisis in the food industry, indeed in the economy, in recent years has been Covid. What we managed to prove through that was that the supply chain of food to people who need it has been resilient. We want that to continue, but we also want food producers to produce the quality that is needed not only in these islands, but that can be exported abroad, so trade is fundamental to the growth we want to see.

[Lord Randall of Uxbridge (Con)]

My Lords, I draw attention to my conservation interests as listed in the register. Can the Government reassure conservation bodies—I know he is a great conservationist himself—that we are not going to water down environmental protections but, if anything, increase them?

[Lord Benyon (Con)]

The Government have to be absolutely clear about this because it is hard-wired into legislation, whether it is our net-zero commitments under the Climate Change Act or our protections under the Environment Act—world-leading legislation that will put into law such things as biodiversity net gain and the ambitions in the 25-year environment plan. This leaves precious little room for any Government of any persuasion to be foolish enough to damage our environment, which would mean that we could not achieve those objectives, which are written in law.

Game Birds (Cage Breeding) Bill [HL]

Lord Randall of Uxbridge Excerpts

2nd reading
Friday 25th March 2022 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

That the Bill be now read a second time.

[Lord Randall of Uxbridge (Con)]

My Lords, this Bill is not about the rights and wrongs of game shooting per se, its merits or demerits. Actually, well-managed shoots can be of conservation benefit, in terms of habitat management, although it would be very good if we finally got around to banning lead ammunition. Game meat is very healthy—unless of course it has lead in it, so that is something else we want to look at. However, the Bill is not about this at all; the Bill is about a welfare issue.

I take issue with the incredible number of pheasants and red-legged partridges that are now being released into the wild on an annual basis. I found a figure from the Game & Wildlife Conservation Trust, which estimated in 2016 that 47 million pheasants and 10 million red-legged partridges were released into the wild for shooting. Those are incredible numbers and there is research by both the GWCT and the RSPB; I declare my interest as a council member of the RSPB. Both organisations have published research which I recommend that noble Lords read. There are just too many—big numbers—being released into the wild for shooting. However, as I said, this is about welfare.

Many people, when they go into the countryside and see pheasants roaming around—rather beautiful birds with their rather evocative call—perhaps in the evening when they are going to roost or whatever, might think that this is part of the rural idyll. What I think a lot of people do not quite realise is that many of these birds, although not all, have actually been bred in what amount to factory farms. My Bill would outlaw raised laying cages—battery cages, in fact.

I have seen estimates that about six to 10 farms still use raised battery-style laying units: small cages that are shared by one male pheasant with up to 10 females, with sometimes as little as 33 square centimetres per bird. Very often the floors are of sloped wire mesh in order for the eggs to fall down to be more readily collected, and they have roofs of wire netting, which can sometimes scalp the birds.

Partridges are kept in even smaller enclosed cages. In fact, I was surprised to find a quantity of Defra papers—which I will show my noble friend the Minister in case he has not seen them—that reckon that nearly all red-legged partridges released on shooting estates were breeding birds with less space than a piece of A4 paper. I find that very difficult to believe, but that is what the Defra research said.

I had hoped to visit a game farm before I came to Second Reading. I have been in discussions with the Game Farmers’ Association and I am hoping to visit next week to see one in operation, avian flu allowing—I think avian flu has hit a lot of the imports that we have been getting from France, which is another bone of contention for me, given the possibility of the introduction of not just avian flu but other diseases. I understand that the Game Farmers’ Association encourages good practice with a code of conduct—I am sure it does, as I am sure I will see—but I do not think every game farm is a member. That is why we need legislation.

I know a lot of my colleagues, both in this place and the other place, will say that the Conservative way is self-regulation. I am afraid that, from time to time, self-regulation has been proved not to be effective. I feel that there must be something that can be done.

Clause 1 of my Bill would outlaw, as I have said already, keeping pheasants or partridges in raised laying or battery cages for producing eggs. Clause 2 sets minimum sizes for enclosure. Clause 3 covers the penalties.

I noticed a Statement from my friend in the other place last year saying that the Government were going to be calling for evidence. That is the very least that should be happening, and it should be happening soon. This Government have a pretty good record on animal welfare, but there is a bit of a problem with game birds. They start of possibly as livestock, if they are in cages, and so should have the same regulations as other livestock do. That is one of the things I find strange. Once they are released, they become wild birds, and then have a different status. Sometimes, of course, they are caught again at the end of the season—I am not an expert on these things at all—and they become livestock again. It is actually quite a complicated business—I would say it is a ridiculous situation.

We need to give these birds the very best opportunity of having high welfare standards, as we would to poultry or ducks. It is about time we had regulation on the statute books. I beg to move.

--- Later in debate ---

[Lord Randall of Uxbridge (Con)]

My Lords, I thank all noble Lords who have taken part in this debate; some very good points were made. I mention in particular the noble Baroness, Lady Bennett of Manor Castle, but I also very much welcomed the comments from my noble friends Lord Leicester and Lord Erroll. Private Members’ Bills come in a variety of categories. There are those that aim to legislate—obviously, that is their nature—but others that aim to raise the issues higher up the agenda.

My noble friend Lord Leicester suggested that I might have conflated raised cages with battery cages. In a normal cycle, these things would be raised and discussed in Committee, and a Bill could be amended. I am not going to sob myself to sleep over this one. The Government have described my proposals as unnecessary and premature—this is not the first time that I have been described in such terms, including by various family members—but it has been important to raise these issues.

The noble Baroness, Lady Bennett, asked me where the suggestion of two square metres came from. That was put in with a view to establishing through debate whether that would be the correct measurement. I recognise that many people, both within your Lordships’ House and outside, have direct knowledge of this. I have already spoken to game farm specialists and I will be meeting some. But the point of some of these things is exactly what we have heard.

I know that my noble friend the Minister cares as much as I do about conservation and the welfare of animals, but he sits on the Front Bench. That is a slight difference; he is somewhat constrained, not necessarily by his immediate colleagues but by other forces out there, including even, perhaps, some down the road. We have had a very interesting debate. I live in hope that this will be given a Second Reading, because this is the House of Lords—if we were the House of Commons, we would have booted it out. With that, I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Glue Traps (Offences) Bill

Lord Randall of Uxbridge Excerpts

2nd reading
Friday 25th March 2022 Lords Chamber

[Lord Randall of Uxbridge (Con)]

My Lords, having taken up rather a large amount of time on the previous Bill, it is only for me to say that I fully support my noble friend Lady Fookes, a well-known and long-standing champion of animal rights; that I congratulate the Government, since, being psychic, I think that they like this one—and that, without submitting to the danger, as we heard in considering the previous Bill, of becoming unnecessary, I shall sit down.

Farming Rules for Water

Lord Randall of Uxbridge Excerpts

Monday 1st November 2021 Lords Chamber

[Lord Benyon (Con)]

I would. The noble Baroness makes an important point in relation to some pig farmers, but we want to make sure we are cleaning up our rivers. That means working with farmers to find a sensible system of rules that apply long-established good farming practice so that manures are applied only to crops that will take up those nutrients and none will leach through into catchments or river courses.

[Lord Randall of Uxbridge (Con)]

My Lords, I declare my interest as a member of the advisory board of River Action. Does my noble friend agree that we have a serious problem in our rivers, and that pollution from farming is part of it? You have only to look at the River Wye and what has happened there. While we need to help farmers to comply, is there not a real urgency about cleaning up our rivers?

[Lord Benyon (Con)]

My noble friend is absolutely right. We should see the fact that only a very small percentage of our rivers are fully functioning ecological systems as something of a national disgrace. We have spent many hours debating the Environment Bill here and are moving to a much better place—but we can do much more, working with the farming community and recognising that it is only part of the problem and that there are other polluters as well. We want to make sure that we are abiding by our commitments to get our rivers in good ecological state in a very short space of time.

Animal Welfare (Sentience) Bill [HL]

Lord Randall of Uxbridge Excerpts

Committee stage
Tuesday 6th July 2021 Grand Committee

[The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)]

My Lords, the noble Lord, Lord Mancroft, has withdrawn, so I call the next speaker, the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is a pleasure to raise a few points. I am a little confused by comments from my noble friends and those opposite that they do not know exactly why the Bill has been brought forward. I thought the Bill had a clear purpose; I thought it was replacing the recognition of animal sentience that applied from 1999 but fell out of UK law when the Brexit transition period came to an end in January 2021. That means that, for the first time in more than two decades, there is currently no requirement for the interests of animals to be considered in the policy process. The Bill, as we just heard from the noble Baroness, Lady Bakewell of Hardington Mandeville, was reflected in the Conservative manifesto, and it will fill the gap and provide that requirement. I do not think that it will bind Ministers to any particular course of action, but it will ensure that their decisions—I emphasise their decisions, not the committee’s decisions—are properly informed of any relevant animal welfare aspects.

That said, I have a couple of questions that have arisen during this debate. For example, it should be clear that this will have no effect on medical science. My noble friend Lord Howard of Rising made a good point about predator control. Perhaps because I regard myself as a conservationist, I understand that predator control is important, but that does not mean that animal sentience should not be taken into consideration. After all, I think it was in 1904 when we made pole traps illegal. As long as the methods of control are humane, I do not think there should be any cause for concern, but I would be interested to hear my noble friend the Minister’s views on that.

I was interested to hear my noble friend Lord Moylan talking about the potential effects of radiation and things that you cannot necessarily see. Perhaps I should have looked at the Bill while I was sitting here to see whether the Ministry of Defence is excluded. I have been reading and I know about the release of munitions underwater by the Royal Navy, which has had a potential effect on cetaceans.

Those are the sort of things that the sentience committee would have to look at. However, as I just said, this is for Ministers to decide, not this committee.

--- Later in debate ---

[Lord Trees (CB)]

I will speak to Amendments 2 and 11, both in the name of the noble Lord, Lord Forsyth, although I support one and oppose the other.

Amendment 2 would merge the Animal Welfare Committee and the animal sentience committee. I oppose this because the animal sentience committee is a raison d’être of the Bill. It was a major plank in the Conservative Party’s manifesto in 2019 and a major plank in their action plan for animal welfare, published just in May 2021, which said that an expert committee would be set up to hold the Government

“accountable for animal welfare in policy making”.

It is a scrutinising committee that holds the Government to account and in that respect it is very different from the advisory functions of the Animal Welfare Committee, which are much respected, and it itself has much to do. Therefore there are strong arguments for retaining the identity of these two committees.

Secondly, on the point brought out in Amendment 43 in the name of the noble Lord, Lord Mancroft, it will be advantageous that the relevant Minister can consult the Animal Welfare Committee for further advice or information should they be challenged by the animal sentience committee.

I support absolutely Amendment 11, again in the name of the noble Lord, Lord Forsyth. It succinctly lays out a bit more detail but gives discretion to the Secretary of State and, most importantly, requires a degree of parliamentary oversight of essential elements of the committee, particularly its composition. There is a threat that some of its members might not positively contribute, and it is very important that there would be parliamentary scrutiny of those essential elements, particularly composition, budget and resources, to see that they are adequate.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I shall be brief. By and large, the Government have got this reasonably okay. I can understand the sentiments of some of my noble friends and those on the other side. However, I have to say that Amendment 11 in the name of my noble friend Lord Forsyth of Drumlean has a great deal of merit. I was a bit sorry to hear him, in his typically self-deprecating way, describing himself as an extinct volcano. He is possibly a dormant volcano, and something we should always watch—you never know when the smoke may rise—but at the moment he is still there. I regard myself more as a drumlin, as distinct from the noble Lord, Lord Forsyth of Drumlean —that is, a small, egg-shaped glacial deposit. That is my place in life. We need to know more about the set-up of the committee and so forth. As I said, Amendment 11, which puts this so that it is in front of both Houses of Parliament, is a good solution.

[Baroness Fookes (Con)]

My Lords, my noble friend Lord Forsyth may be slightly surprised, given my interest in animal welfare, to find out that I share his criticisms of the Bill’s format. Indeed, I thought there was a Cabinet committee charged with ensuring that Bills came forth fully formed; I am therefore surprised that this one got through the gate of that Cabinet committee. It verges on being a skeleton Bill—or, if not a skeleton, it is seriously underweight, which has caused a lot of the difficulties and misgivings on all sides of the Committee.

I am concerned, too, not just that the way the first clause is set out gives unlimited power to the present Secretary of State over the membership of the committee and the terms on which they will serve, but that if that stands in the Bill, it will stand for ever. We cannot tell how that might be interpreted by future Secretaries of State, which I find very uncomfortable.

This is one reason why I have supported the two amendments in the name of the noble Baroness, Lady Jones of Moulsecoomb. First, her proposed new subsection (2) tries to set out that the function of the committee should be set out in the Bill. Secondly, she has proposed a schedule to point out who the members of the committee might be, how long they might serve and the committee’s general powers. I am quite sure that other Members of this Committee will find fault with whatever I have put down, but it is at least a worthwhile attempt to sort out what the Government really intend the committee to do and how it is to be constituted. I am anxious to see that people of varied expertise are chosen. I have no truck with what I call animal extremists and no wish to see them on a committee of this type. I want to see a well-established committee of experts who can offer sensible advice to the Secretaries of State of the day—because this will cover more than Defra, or I imagine it should if it is to relate to animals in general.

I very much hope that we can have considerably more thinking on the Bill on the Government’s part. I would prefer to see regulations brought in giving the details of the committee and how it will work, which could at least then be considered by Parliament, even if it cannot amend them. I ask the Government to look more closely at what they are asking us to accept.

Animal Welfare (Sentience) Bill [HL]

Lord Randall of Uxbridge Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my interests in conservation and wildlife organisations, as set out in the register.

It is a great privilege and pleasure to follow not only my noble friend Lady Fookes but the noble Baroness, Lady Young of Old Scone, two indomitable proponents of animal welfare. Let me also welcome my noble friend Lord Benyon to the Front Bench, leading his first Bill in this House. He is by no means a debutant, having been a very eminent Defra Minister in the other place. I feel very confident that the Bill is in safe hands and look forward to working with him constructively on it. His excellent opening remarks mean that I do not have to delay this Chamber for long and there is no need to repeat what he so eloquently outlined earlier.

The Bill has been a little delayed in appearing before Parliament, but it is here now, and I believe the Government have the balance about right. As we have just heard from my noble friend Lady Fookes, this is another welcome measure that Her Majesty’s Government are introducing to the animal welfare sphere. I understand from the action plan that there is a lot more to come, which is really great news.

The notion of animal sentience is not new, and the Bill is not a radical measure. However, the creation of a committee is a sensible option to ensure that the right balance can be achieved. Of course, as we have already heard and I have some sympathy with, there will be questions around the membership of the committee, its independence and the resources given, but I do not think that needs to be a major issue.

There is also a legitimate point about whether the definition of “animal” in the Bill is wide enough. I believe there is divided opinion on whether invertebrates can be classed as sentient. Most research has focused on mammals and birds. I was relieved to hear that homo sapiens is not included because it could have caused me problems retrospectively if, in my previous career as a Whip, I had caused pain in any way to people with or without backbones. But that is best left where it is.

I was initially rather sceptical about the position of decapod crustaceans, including lobsters, crabs and crayfish, and cephalopods, including octopus, squid and cuttlefish. However, more recently I have come to the opinion that these should be included. The Government have commissioned an independent review into their sentience and, as the two noble Baronesses preceding me asked, is my noble friend the Minister able to indicate where that review has got to, and when we are likely to hear from it and hear a government response? It is certainly worthy of consideration, especially as experiments, particularly with octopus species, have shown they feel pain. This has led to a situation where cephalopods are protected from use in science and experiments, but at the same time not recognised as sentient. These are all matters for consideration in Committee. In the meantime, I look forward to this Bill receiving a well-deserved Second Reading.

Animal Welfare (Sentencing) Bill

Lord Randall of Uxbridge Excerpts

3rd reading
Wednesday 28th April 2021 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

That the Bill do now pass.

[Lord Randall of Uxbridge (Con)]

My Lords, first, I thank my noble friend Lord Gardiner of Kimble for his statement; I am sure that the Welsh Senedd will do the right thing, as this is extremely good for England and Wales. I am delighted and honoured that I was asked by my honourable friend Chris Loder in the other place to sponsor this important Bill’s passage through your Lordships’ House. I also pay tribute to a former Member of the Commons, Anna Turley, who first started this process—it seems rather a long time ago. I give great credit to Chris Loder for introducing the Bill and for successfully steering it with determination and skill through all its stages in the other place.

The Bill, as many know, has had a protracted passage through Parliament at a time of serious issues well outside the normal parliamentary experience, but it appears that we have come together and finally made it happen. As we know, it increases the maximum penalty for animal cruelty offences under the Animal Welfare Act 2006 from six months to up to five years’ imprisonment. It is strongly supported and overdue. The Second Reading debate showed that the Bill received unreserved support from all sides of the House. I am sure that all noble Lords will agree that it is most reassuring that there are indeed matters, such as improving protections for animals under our control, on which we can all unreservedly agree.

I congratulate the Government on their continued support for the Bill and on the persistence required to deliver their manifesto commitment to increase sentences for animal cruelty. I also take this opportunity to thank noble Lords for their considered and important contributions. I extend my thanks to those outside Parliament who have supported the Bill, long-standing and tireless advocates for animals and their welfare. They include many charities and other organisations, such as the League Against Cruel Sports, the RSPCA, Battersea Dogs & Cats Home, Cats Protection, Dogs Trust, Blue Cross and World Horse Welfare. I commend their effectiveness in campaigning for and supporting the Bill and the increased maximum penalties it will provide. Many members of the public write to us in droves and sign e-petitions each month concerning animal welfare issues—evidence that we are a nation of animal lovers. The public’s interest in discussions around protections for animals ensures that parliamentarians are kept abreast of emerging issues and can raise them with the Government, sometimes successfully.

Finally, I extend my thanks to all those hard-working civil servants in Defra, and indeed the Whips’ Offices, for getting us to this point, just before the curtain comes down on this parliamentary Session. I am sure that, given this Government’s commitment to strengthening animal welfare, we can look forward to more legislation in the coming months and years.

Bill passed.

Heritage Organisations: Coal Supplies

Lord Randall of Uxbridge Excerpts

Thursday 21st January 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, I am sure the noble Lord heard my first reply. This legislation is about domestic consumption. In people’s houses the increase in fine particulate matter from domestic consumption has caused concern, and we will not meet our legal and binding obligations unless we attend to this. I should also say that two villages away from where I am sitting is the Mid-Suffolk Light Railway, affectionally known as the “Middy”. I am well aware of it, I have travelled on it and I enjoy it very much, but we need to work across the heritage sector, not only with the rail sector, because this is a very important health issue.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, while I have genuine sympathy with heritage railways and others, such as the owners of traction engines and the like, does my noble friend agree that this should certainly not be a reason for opening any new coal mines in this country while importing the type of coal required is still possible? As my noble friend said, it is worth reminding other noble Lords that this is being done for health reasons.

[Lord Gardiner of Kimble (Con) [V]]

I have said what the National Planning Policy Framework states, and I agree with my noble friend on why we need to do this and why we also need to work with the heritage sector.