Laboratory Animals: Animal Welfare Act

Martyn Day Excerpts

Monday 7th February 2022 Westminster Hall

[Mark Pritchard (in the Chair)]

Before we begin, I remind Members to observe social distancing and to wear masks.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I beg to move,

That this House has considered e-petition 591775, relating to laboratory animals and the Animal Welfare Act.

It is a pleasure to serve under your chairmanship, Mr Pritchard. This petition closed on 20 January and attracted more than 110,000 signatures, including 139 from my constituency. Leading this debate today fills me with a sense of déjà vu. Just over three months ago, I led a debate in which this House considered two petitions relating to animal testing. One called for all animal testing in the UK to be banned and the other for a phasing out of animal experiments. In that debate, I quoted an early scholar of jurisprudence, Jeremy Bentham, who said,

“Why should the law refuse its protection to any sensitive being?”

Here I stand again, repeating the very same question that has been brought to the fore by this petition, which calls for legislation to include laboratory animals in the Animal Welfare Act 2006.

To give some background, I must point out that the Animal Welfare Act is 16 years old. Within it is an unnecessary suffering clause, which sets out the criteria for an offence to be committed. It includes the principle that any action—or indeed failure to take action—that results in animal suffering must be against a protected animal. The petition highlights that laboratory animals are not protected by the 2006 Act and are therefore victims of unnecessary suffering.

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

While I acknowledge that there remains a need for animal testing in some areas of medicine, current legislation negates any need to urgently move away from unnecessary procedures or experiments. Does the hon. Member agree that the Government need to apply greater pressure for alternative methods to be used?

[Martyn Day]

I thank the hon. Member for making that point. The fact that we know that 90% of animal experiments do not bring any real benefit tells us that we need to move very quickly in the opposite direction. I would favour a full ban on animal experimentation, because we could be better using the alternatives.

It strikes me as unbelievable that, in this nation of professed animal lovers, laboratory animals are categorically excluded from the 2006 Act. We must not forget that that includes dogs and cats, who many of us take into our homes to love and care for and who enrich our lives. Therefore, by default, the 2006 Act endorses laboratory animals undergoing what can only be deemed as necessary suffering.

The Government response to the petition confirms that. It states:

“There is an explicit exclusion under the Animal Welfare Act 2006 (AWA), to provide for the legitimate conduct of procedures on ‘protected animals’ for scientific or educational purposes that may cause pain, suffering, distress or lasting harm.”

In other words, the 2006 Act legalises, for example, the daily force feeding of chemicals directly into the stomachs of factory farmed puppies without pain relief or anaesthetic. Will the Minister enlighten us about the scientific or educational purpose fulfilled by that particular procedure?

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I entirely agree with my hon. Friend’s points. Beagle puppies are no less sentient than any other animal. Does my hon. Friend agree that it is horrendous that, in this day and age, the beagles are also used for their blood and reportedly have plasma drained from them while still alive, causing unnecessary suffering?

[Martyn Day]

I agree entirely with my hon. Friend’s comments. I will come on to that shortly. It is an absolutely abhorrent practice.

More importantly, perhaps the Minister can give reasons to assist us all in understanding why this procedure, which is classified as mild suffering under Home Office licensing, cannot be replaced with human-based research.

At this point, I will say a few words about the man who started the petition, Peter Egan, who hoped to be here with us but had to tend to an animal care event at home; I am sure we all extend our best wishes for a positive outcome. Many will be familiar with Peter as an excellent actor who is well known for bringing characters to life on our television screens. What may be less well known is that Peter is also the patron of the science-based campaign, For Life On Earth.

I met Peter and the For Life On Earth founder and director, Louise Owen, ahead of the debate, and Peter informed me of the abject horror he and others experienced while visiting a foie gras farm in France. For the sake of clarity, foie gras is defined as the liver of a duck or goose, fattened by force-feeding. I certainly do not want to stand accused of speciesism, but I can only imagine the compounding horror that force-feeding puppies would generate. That is why we all need to know what reasons can justify such acts. How can such acts be acceptable to a Government who rightly acknowledge that animals can experience feelings and sensations, and are in fact currently legislating to recognise that in the Animal Welfare (Sentience) Bill?

This is an appropriate juncture to raise early-day motion 175, on a public scientific hearing on animal experiments, tabled last June by my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) and supported by 104 cross-party Members. It is relevant to note that the EDM was remarked on by myself and others during the October debate. It commends the introduction of the Animal Welfare (Sentience) Bill, which will enshrine in law that animals can experience feelings and sensations. It also highlights that legislation’s connection with For Life On Earth’s revelation that intensive breeding of laboratory dogs was taking place in the UK, and noted

“that scientists in the wider scientific community, outside the animal-based research sector, openly acknowledge the failure of animal testing in the search for human treatments and cures”.

[Margaret Ferrier]

I thank the hon. Member for being so generous in giving way a second time. Gene-based medicine is a rapidly developing science that allows treatment to be completely personalised based on a patient’s DNA. That could not be replicated through animal experimentation. Does the hon. Member agree that this kind of medical science must be prioritised when it comes to research, to avoid unnecessary harm to animals?

[Martyn Day]

I agree entirely. That form of medicine is better not only for animals but for humans as well.

Consequently, early-day motion 175 called on the Government to urgently

“mandate a rigorous public scientific hearing, judged by independent experts from the relevant science fields, to stop the funding of the now proven failed practice of animal experimentation and increase funding for state-of-the-art human-based research, such as human-on-a-chip and gene-based medicine, to prioritise treatments and cures for human patients and stop the suffering of laboratory dogs and other animals.”

I hope this is not viewed as a separate matter, because it is undoubtedly related. After all, the UK remains the top user of primates and dogs in experiments in Europe. The petition reminds us that a recent exposé showed harrowing footage of the factory farming of laboratory dogs in the UK. Statistics for 2020 reveal that 4,320 procedures were carried out on dogs, and of these, 4,270 procedures were carried out on beagles, the preferred breed for experiments due to their size, docility and submissive nature, meaning that they take less effort and expense to house and are easy to experiment on. In other words, they are easy prey.

[Dr Cameron]

I thank my hon. Friend for giving way; he is being |extremely generous. Does he agree with me and those in the all-party parliamentary dog advisory welfare group that we really must find the time and place for this scientific hearing? There are alternatives, and those who engage in the experiments should not shy away from a scientific hearing, because we will hear from the experts who can take this issue forward. Surely the Government should also support an urgent scientific hearing as a way forward.

[Martyn Day]

My hon. Friend makes a very powerful point. Why should we be frightened of a fact-based approach? As well as repeated forced feeding, they are forced to inhale substances for between 28 and 90 days to measure the effects of repeat exposure on the liver, kidneys, lungs, heart and nervous system.

Some animals are also bred to be bled, as has been mentioned previously, with a facility granted permission to drain them of their blood so that it can be sold to customers for the benefit of biomedical science. Guidelines state that blood in studies must be as fresh as possible—meaning that it is taken from a living donor. Despite having a tube down their throats to aid breathing, the pups are often given no sedation or anaesthetic while they are bled, as this provides the customers with advantageous drug-free blood.

In 2017, 1.81 million non-genetically altered animals that were bred for scientific procedures were killed or died without being used in procedures—shocking. I would share in the petitioner’s gratitude if the Minister will provide an update on the petition’s request for a rigorous, public, scientific hearing to take place.

The Government’s response to the petition goes on:

“The use of animals in scientific research remains a vital tool in improving our understanding of how biological systems work both in health and disease. Such use is crucial for the development of new medicines and cutting-edge medical technologies for both humans and animals, and for the protection of our environment.”

I disagree with that, as there is nigh on 20 years of scientific evidence demonstrating the medical failures of animal testing. It is evidence that comes from The BMJ, the National Cancer Institute and ScienceDirect, which is said to be the world-leading source for scientific, technical and medical research. Indeed, when ScienceDirect asked if it was time to rethink our current approach, over two years ago, it cited the questioning of animal models’ reliability in predicting human responses as far back as 1962. Yes—60 years ago. Are the Government just not listening? Perhaps the Minister will explain to us why that long-standing, peer reviewed and reputable scientific research is being ignored.

The Government response goes on to say:

“The Animals (Scientific Procedures) Act 1986 (ASPA) is the specific piece of legislation which provides protection for these animals… No animals may be used under ASPA if there is a validated non-animal alternative that would achieve the scientific outcomes sought.”

I feel a sense of déjà vu, again. ASPA is 36 years old, yet it is repeatedly referred to in Government responses relating to matters around animal testing. It seems that the Government are not actually listening, because so-called

“non-animal alternatives that would achieve the scientific outcomes sought”

have been brought to their attention many times before. As I have just mentioned, scientists have been challenging the reliability of animal testing predicting human responses for decades.

Here are just a few recent occurrences of non-animal alternatives being brought to this Government’s attention: they were highlighted in the animal testing debate that took place last October; they were featured in the animal testing debate that took place last December; and they were raised in the Animal Welfare (Sentience) Bill debate that took place on 18 January this year. In last month’s debate, my hon. Friend the Member for Edinburgh North and Leith (Deidre Brock) remarked that there are areas of the Animal Welfare (Sentience) Bill that the SNP believes must be strengthened. Conspicuously, one of those areas is scientific procedures involving animals.

It is mind-boggling that despite clear acknowledgment from the UK Government that animals can experience feelings and sensations, despite them introducing “landmark legislation” that will recognise animals as sentient beings in UK law and despite them establishing an expert committee to ensure that animal sentience is considered as part of policy making, the UK Government still “others” laboratory animals as if they are unaware, unperceptive, and unconscious to harrowing experimentation. It is also mind-boggling that laboratory animals are not only excluded from the Animal Welfare (Sentience) Bill that is currently in Committee, but also by outdated legislation that ignores them. In fact, it sanctions the otherwise illegal act of experimenting on protected animals and causing them, as set out in the regulated procedures of the Animals (Scientific Procedures) Act 1986,

“a level of pain, suffering, distress or lasting harm equivalent to, or higher than, that caused by the introduction of a needle in accordance with good veterinary practice”.

Of course, the reality of animal experimentation is far more severe than what is described in the regulated procedures of the 1986 Act. Take, for example, the hideous procedures I have already mentioned, or the legislation classifying the force-feeding of factory-farmed puppies as “mild suffering”. Indeed, in the Animal Welfare (Sentience) Bill debate on 18 January, my hon. Friend the Member for Edinburgh North and Leith highlighted that, legally, laboratory animals can be:

“poisoned with toxic chemicals, shot, irradiated, gassed, blown up, drowned, stabbed, burned, starved, or restrained to the point at which they develop ulcers or heart failure. They can have their bones broken or their limbs amputated. They can be subject to inescapable electric shocks, driven to depression, deprived of sleep to the point of brain damage, or infected with diseases.”—[Official Report, 18 January 2022; Vol. 707, c. 252.]

Section 24 of the 1986 Act makes it a criminal offence for information on what goes on behind closed doors at UK animal testing sites to be disclosed. As the law blocks access to information about the treatment of animals during experiments, it is currently shrouded in secrecy.

Related to these appalling occurrences, I was contacted by the Naturewatch Foundation ahead of today’s debate. On its behalf, I will take this opportunity to highlight that the Animals in Science Regulation Unit has not publicly published an annual report since 2018. Those reports are important sources of information about non-compliance, and often indicate where animal welfare issues have been detected. Will the Minister commit to releasing the 2019 and 2020 reports without delay, and to releasing the 2021 report within the first half of this year?

In these times of advanced medical knowledge and gene-based medicine, the Government believe the outdated 1986 Act provides specific protection for laboratory animals. Indeed, as well as the Government referring to it as such in their response to this petition, the Ministerial response to the October animal testing debate said of this legislation:

“protection of animals on the basis of their sentience is the very principle established in the legal framework.”—[Official Report, 25 October 2021; Vol. 702, c. 43WH.]

I am sure I will be corrected if I have misinterpreted, but I understand that the petitioners do not agree with that appraisal. They would instead argue that this legislation is the means to causing unnecessary suffering of animals because, in effect, it legalises experimentation on protected animals.

However, it is not just the animals that this archaic legislation framework is failing. The petition reminds us that

“Experiments on such dogs, and other animals, are today widely reported to be entirely failing the search for human treatments and cures.”

Currently, there is enough evidence showing that there are better, more accurate and humane methods than resorting to animal testing.

For example, in 2020, in response to UK Government statistics showing no meaningful decline in UK animal experiments in a decade, despite a Government pledge, Humane Society International UK’s biomedical science advisor, Dr Lindsay Marshall, who managed a laboratory dedicated to animal-free research into respiratory diseases for 12 years, said:

“The UK cannot expect to have world-leading science innovation whilst we rely on failing animal-based research methods that are rooted in the past. In drug discovery, pharmaceutical safety, chemical testing, cancer research, the data shows that animal models are really bad at telling us what will happen in a human body. As well as sometimes being dangerously misleading, animal approaches typically take a really long time to produce results, sometimes years, are very expensive, and of course cause enormous animal suffering. As the UK leaves the EU and competes with countries like the USA that are taking bold strides towards animal-free science, we urge the government to radically update its 2010 research policy to focus on replacing animal procedures in science. Incentivising researchers to adopt new approaches is as easy as redirecting public research funding towards cutting-edge non-animal techniques based on human biology.”

I would wholeheartedly agree with those views.

The Government’s response to this petition concludes that they have

“no plans to amend the Animal Welfare Act (2006)”

even though, in this technological age, we have exceptionally accurate non-animal research methods, which can more effectively develop human therapies. That is simply wrong-headed.

Five years ago, the Dutch Government announced plans to phase out animal use for chemical safety testing by 2025, and they are well on track to achieve that goal. In September 2019, the United States Environmental Protection Agency pledged to “aggressively” reduce animal testing, including by removing requirements and funding for experiments on mammals by 2035. Belgium’s Brussels-Capital Region effectively banned animal testing on cats, dogs and primates from 2020. By January 2025, it will also ban animal use in education and safety testing unless it is deemed absolutely necessary.

However, Home Office data show that the total number of procedures involving specially protected species—dogs, cats, horses and primates—in Great Britain has increased over the last decade from 16,000 in 2011 to 18,000 in 2020. That is the case even though developments in evolutionary and developmental biology and genetics have significantly increased scientists’ understanding of why animals have no predictive value for the human response to drugs or the pathophysiology of human diseases.

I have asked this before and I will ask it again today. Do the Government have the courage to step into the 21st century and urgently consider enshrining in law other viable options for scientific research that do not involve animal suffering? They can do that by changing the law to include laboratory animals in the Animal Welfare Act. It is not too late to right this wrong. I urge the Government to seize this chance and avoid being judged by posterity to have missed a golden opportunity to end a failed practice. I hope the Minister will agree that, for a nation of animal lovers, denying laboratory animals their rights is wrong and immoral. I politely request and hope that I am not subjected to the same feeling of déjà vu in a few months’ time if no further progress has been made.

--- Later in debate ---

[Martyn Day]

It has been a very good debate. We have heard a range of views, all of which were rooted in animal welfare. As I reflect on what was said, I cannot help but think that there is a lucrative industry around animal testing that is well entrenched in the current systems, and that the animals in laboratories do not become any less sentient than the animals that are not in laboratories. We need to do something about that.

I hope the Minister will take on board and take back to Government the need for a public scientific hearing, because we need to go forward with a facts-based approach. That is something that everybody could perhaps unite around, and it would help us move this debate forward.

Question put and agreed to.

Resolved,

That this House has considered e-petition 591775, relating to laboratory animals and the Animal Welfare Act.