Animal Welfare (Exports)

Thomas Docherty Excerpts
Thursday 13th December 2012

(11 years, 4 months ago)

Commons Chamber
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Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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I am grateful, Mr Deputy Speaker, to have caught your eye. It has been an excellent consensual debate so far. I have the privilege of serving on the Environment, Food and Rural Affairs Committee. I also serve on the Defence Committee and I hope that the Backbench Business Committee will in future consider the timings of some of these debates. I suspect that this debate may not go the whole five hours. There might have been an opportunity for a second debate later, although I am conscious that my hon. Friend the Member for Ogmore (Huw Irranca-Davies) is still to share his huge wisdom with us, which may take some time.

As a Member representing a Scottish constituency, I am cognisant of the issues facing the farming industry. It has been a measured debate, and I congratulate my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) and the hon. Member for South Thanet (Laura Sandys) on securing it and on being present to open it and then to hear the very good exchanges that have taken place. I received a number of e-mails from constituents asking me to attend and I was happy to do so. I shall tackle a couple of issues that particularly affect Scotland. Also, I am conscious of the request from my hon. Friend the Member for Ogmore for a Select Committee inquiry. I shall return to that.

On the subject of transportation, the hon. Member for Brecon and Radnorshire (Roger Williams) mentioned the importance of the export of live animals to British farmers, particularly those in the sheep industry. I understand that around 400,000 live animals a year are exported, more than 90% of which are sheep.

We all recognise the challenges facing the sheep industry across the United Kingdom, particularly in upland areas. Were we to ban live exports, not only would we fall foul of European law—article 34, I think, but I might be wrong—but there would be serious consequences for our farmers. However, that is not to say that we should not require the highest standards of animal welfare in the process, and I welcome the constructive comments made by the hon. Member for South Thanet and my hon. Friend the Member for Poplar and Limehouse on the way forward.

It would be helpful if the Minister could set out the Government’s thoughts on some things. For example, does he agree that using regular services on large, cross-channel freight ferries from Dover might be more advantageous than the less than ideal conditions in which they are sailing from Ramsgate, as the hon. Lady said? Not only are journey times significantly shorter, but there are more frequent sailing opportunities for ferries. Also, there are probably—I hope she takes no offence—better and more appropriate port facilities for live animals at Dover than there are at Ramsgate.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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Opting for an all-out ban right now would be against EU law, but does the hon. Gentleman agree that it would be helpful if the Minister did everything he could to advocate such a ban at European level, because we are often told that things are against EU law, but when member states really start to push they can get breakthroughs?

Thomas Docherty Portrait Thomas Docherty
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No, I do not agree that we should have an outright ban. If the hon. Lady had been here since the start of the debate, she would have heard the reasons why. We have a fragile farming industry and banning the trade would be ludicrous. The hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is sitting beside her, will probably wish to point out to her that banning the use of ferries would effectively end sheep farming on the Western Isles, the Isle of Arran and other islands around the United Kingdom. I am sorry that she has not had the opportunity to go across the country and listen to farmers, because otherwise she would understand the fragile state of their industry and the damage an outright ban would do. If she had been here for the whole debate, rather than coming in at the last minute, she would have had an opportunity to hear the eloquent speeches made by Members on both sides of the House.

Another consideration is that there are larger, faster and more stable boats sailing each day from Dover. As the hon. Member for South Thanet set out clearly, we are dealing with a very dubious character when it comes to the gentleman running the trade out of Ramsgate. It is obvious that animal welfare is not his priority and that he is not interested in local public opinion or in what DEFRA has to say. For him, it is all about the bottom buck. It would help if the Minister set out what powers DEFRA has to ensure that a fast buck is not the most important consideration for exporters and that animal welfare is crucial.

Over the past few years we have seen that having an export market for livestock helps even those farmers who sell within the UK because it takes some of the surplus supply overseas. About six weeks ago the hon. Member for Tiverton and Honiton (Neil Parish) and I had a very good debate in Westminster Hall on the dairy industry. We pointed out, along with another Select Committee colleague, that what farmers need is a fair price for their produce, whether it is milk, mutton, lamb or beef. Doing all we can to encourage exports will not only bring additional revenue into the UK and help the balance of payments—I do not intend to give the House a lecture on economics—but help to secure a fairer price for farmers and a vibrant farming industry. Perhaps the Minister will also set out what DEFRA intends to do to encourage exports to other parts of the European Union, because Labour Members, with perhaps one exception, recognise that a vibrant farming industry is a good thing for the British economy.

Caroline Lucas Portrait Caroline Lucas
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I am sorry, but the condescension coming from the hon. Gentleman is hard to bear. He is implying that the UK farming industry is all of one view on this, but I know UK farmers who are absolutely against the export of live animals precisely because of the cruelty involved. To suppose that those of us who are, for strong ethical reasons, against the trade are somehow also against UK farming is a gross simplification of the issue.

Thomas Docherty Portrait Thomas Docherty
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Obviously I speak regularly with the National Farmers Union of Scotland, and I know that colleagues speak regularly with the National Farmers Union in Wales, Northern Ireland and England. If she can point to which of those four organisations, which are the voice of farmers, shares her rather extreme views, I would be delighted to meet it.

Angus Brendan MacNeil Portrait Mr MacNeil
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As I said, I strongly disagree with the implicit assumption that cruelty is involved. I produce lambs between March and April and sell them in August, so I know that they have to be cared for for those four months and that the last thing a farmer wants to see is them going away in any kind of cruel circumstances, not least because that affects their value, but also because they have raised them from birth. To send them away in any sort of cruel circumstances would, I think, turn the stomachs of many crofters and farmers.

Thomas Docherty Portrait Thomas Docherty
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It is fair to say that the hon. Gentleman and I do not agree on every issue, so the fact that we are on the same side of the argument today, as are Liberal Democrat and Conservative colleagues and, indeed, Members on my own Front Bench—always a pleasant treat—shows clearly that the House supports a vibrant but, as the hon. Member for Brecon and Radnorshire said, ethical and humane export policy. That is the nub of the debate. It is not about the principle of exports; it is about how we treat the animals. That is why we need more rigorous enforcement. I would be grateful if the Minister set out how he thinks DEFRA, with its existing powers, could better ensure that that happens.

The House will be aware that yesterday the European Parliament debated a motion, similar to those we often have in this place, to approve a report by its agriculture committee. It contained much to be welcomed on the issue of animal transportation. It recognised, as we have done today—those of us who have been here throughout the debate—that we should seek to have higher standards and that it is a question of how we ensure compliance across all member states.

However, there is one issue that I and the National Farmers Union of Scotland disagree with, and it was mentioned by the hon. Member for Brecon and Radnorshire: an obsession with the eight-hour rule. There is no credible scientific advice demonstrating that exceeding the arbitrary limit of eight hours leads to a drop in animal welfare. As the hon. Members for Na h-Eileanan an Iar and for Brecon and Radnorshire, my hon. Friend the Member for Ogmore and other Members from elsewhere in the great parts of the Celtic kingdoms would point out, getting to abattoirs even within the United Kingdom can take more than eight hours. I am thinking, in particular, of the pig industry and the difficult circumstances Vion is currently going through. For example, if Vion is sold and its Scottish abattoir is closed, the nearest abattoir for pig farmers from north-east Scotland will probably be in Yorkshire. If we were allowed to head down the path of the eight-hour rule, it is difficult to see how farmers in Morayshire and across north-east Scotland, never mind those in the highlands, could survive. I would like the Minister to confirm that the Government have no plans to introduce, and do not support, an eight-hour rule.

I hope that the Minister, who is no doubt busy taking notes in his head, will also tell us what discussions he has had with the devolved Administrations. It is vital that DEFRA work with Mr Lochhead in the Scottish Parliament, our Labour colleague in Wales and our Democratic Unionist party colleague in the Northern Ireland Assembly so that we are all working together on this issue, on which, overwhelmingly, all the grown-up, sensible parties are united in wanting a vibrant farming industry.

Caroline Lucas Portrait Caroline Lucas
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Does the hon. Gentleman suppose that the entire membership of the RSPCA are not sensible people? I find his—what is the word?—patronage towards people who do not agree with him to be absolutely unacceptable.

Thomas Docherty Portrait Thomas Docherty
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I think that the word the hon. Lady wants is “patronising” rather than “patronage”, but I accept that she was grasping for it and missed. Obviously, the RSPCA is entitled to its view, but it has not—dare I say it?—looked at the bigger picture. It is surely the job of parliamentarians to take a step back and look at the bigger picture. We have to follow the evidence, and the reality is that there is no evidence to say that an eight-hour rule would lead to a rise in animal welfare standards. In fact, it would only damage the farming industries in Scotland, parts of Wales, and Northern Ireland.

Let me move on to what more we could do. I am conscious that my hon. Friend the Member for Ogmore has written to the Select Committee about this. One issue that we have not talked about is what more supermarkets can do. I would be interested to hear the Minister’s view on whether we could encourage them to introduce labelling that says that they have introduced their own voluntary codes about humane standards and clearly states what they are. We all know of the great success that the British egg industry has had with the introduction of the red lion symbol on packets of eggs. There are also fair trade labels for overseas goods. In the debate on the dairy industry a few weeks ago, an eloquent point was made by an hon. Member who said that we rightly talk about fair trade for overseas farmers but do not talk enough about fair trade for British farmers. I want to extend that principle. We should have clearer labelling from the supermarkets and the food producers that says that all their products have been produced in a humane way that complies with the highest possible standards of animal welfare.

On the request for a Select Committee inquiry, I am not in a position to divulge the thinking of colleagues, but the hon. Member for Tiverton and Honiton and I have listened sympathetically to the arguments made today. We have been talking about the need for an inquiry into how EU regulations as a whole are implemented. I hope that we will have an opportunity in the near future to carry out such an inquiry, which might be a useful tool. Perhaps when my hon. Friend the Member for Ogmore responds to the debate he could set out in a little more detail what he thinks the terms of reference might be.

Huw Irranca-Davies Portrait Huw Irranca-Davies (Ogmore) (Lab)
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I will indeed do that. One of my reasons for calling for a wide-ranging review is not only to focus on the animal welfare considerations but to give the industry, which is a good industry, an opportunity to show where it is implementing good practice and to highlight the areas that might need improvement and amendment. It is very much an opportunity to salvage the reputation of the industry and to put things right where that is needed.

Thomas Docherty Portrait Thomas Docherty
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That is a good point. I would like three major players in the industry to give evidence—the farmers themselves, those involved in transportation, and the supermarkets. Perhaps my hon. Friend can expand on that. I hope that the animal welfare charities will also come to the table and add their voice, because that is important. That will enable us to take counsel from all interested parties.

This has been an excellent debate, and I commend my hon. Friend the Member for Poplar and Limehouse and the hon. Member for South Thanet on securing it. I look forward to hearing from my hon. Friend the Member for Ogmore and the Minister.

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Roger Williams Portrait Roger Williams
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My hon. Friend and I met the English Beef and Lamb Executive this morning, and I pay tribute to it for its wonderful work in promoting English lamb, particularly Agneau St George, and to Hybu Cig Cymru for promoting Welsh lamb.

Thomas Docherty Portrait Thomas Docherty
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What about Scottish lamb?

Roger Williams Portrait Roger Williams
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There must be similar organisations in Scotland and Northern Ireland. These organisations do wonderful work in promoting the sale of meat and in getting it to be accepted and appreciated in other countries.

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Neil Parish Portrait Neil Parish
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Parts of the west country are in England, but I will not enter into that debate this afternoon.

It is essential for us to deal with the issue in a grown-up manner. I thank the Minister for the steps he has already taken and look forward to hearing his winding-up speech. As the hon. Member for Dunfermline and West Fife has said, perhaps there is now a case for the Environment, Food and Rural Affairs Committee to look at the issue, in order to see exactly how the trade is being conducted, to make sure that the rules are in place and to double-check whether the lorries, other vehicles and all those involved are operating it correctly.

If sheep or cattle that are not lame or ill, which is exactly as they should be, are loaded on to and transported in the right type of lorry, they should get to their destination in France, Ireland or wherever it be—that is a Somerset expression—in good condition, and that is what the industry wants. I reinforce the point that it is not in the interests of the farming community or those carrying out the trade to take an animal across in poor condition.

Thomas Docherty Portrait Thomas Docherty
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Does the hon. Gentleman agree that it would be appropriate for our Committee to look at the conditions, such as handling facilities, when the animals arrive at their destination? Given the growth of super-abattoirs as the industry consolidates, we need to look carefully at that part of the journey.

Neil Parish Portrait Neil Parish
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I agree with the hon. Gentleman—we could look at all of that. One of the issues that I have spent a lot of time on, although it is probably not on the agenda for this debate, is the way in which the animals are slaughtered. That is a slightly more controversial issue, but it needs to be dealt with so that they are properly stunned when it comes to slaughter.

The hon. Gentleman proposes a good idea. There are European regulations and, having experienced the work of all the other 27—now to be 28—member states, I can assure Members that, on the whole, Britain’s methods and inspections of transport are good. That is not to say that we always get everything right but, compared with many member states, our methods are good. We should not beat ourselves up on this issue, but we need to get it right. I know that my hon. Friend the Member for South Thanet is concerned, and rightly so, about what happened with the Ramsgate shipment and the slaughter of animals on the quayside. There will be a proper inquiry into that and the situation needs to be put right. As I have said, I am certain, in hindsight, that the same action would not be taken again.

I welcome this debate and reinforce points that have been made by Members of all parties. I do not believe that this is a party political matter. It is a matter of trading properly through the single market and under good conditions, including for welfare, so that the public are assured that our farming community and those involved in the export trade are operating it properly and that the animals get to their destination in good condition.

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Caroline Lucas Portrait Caroline Lucas
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That is a helpful intervention. I would much prefer to see many more small, local abattoirs around the country so that even within this country we do not have long journey times. I take the hon. Gentleman’s point. Although one can argue that more stress factors are involved in transporting animals overseas, such as animals being decanted into different vehicles, even if animals are transported within the UK for eight hours or more, it is not necessarily in their best interests.

Thomas Docherty Portrait Thomas Docherty
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The hon. Lady seems to be missing the point that was made earlier about some of our smaller communities, such as Arran, the Western Isles and some parts of Wales and the highlands of Scotland, which simply could not have a local abattoir. Is she saying that she opposes the movement of sheep, cattle and pigs from the Western Isles or Arran by boat?

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Caroline Lucas Portrait Caroline Lucas
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No, because I want to make some progress, if I may.

Calf exports have been declining amid concerns in some important countries about bovine tuberculosis. However, as Members know, countries such as Spain are still major destinations for British calves. Journeys to Spain can take more than 90 hours and young calves are poorly equipped to withstand the rigours of such a journey. Dr Claire Weeks, the senior research fellow in animal welfare at Bristol university has concluded:

“Scientific evidence indicates that young calves are not well adapted to cope with transport… Therefore transport should be avoided where possible, particularly as morbidity and mortality following transport can be high.”

On arrival in Europe, calves are typically kept on concrete or slatted floors without any straw or other bedding. Such barren systems have been outlawed in the UK. There is a real question about the ethical acceptability of calves being sent for rearing abroad in conditions that have been prohibited on welfare grounds here at home.

With calf exports declining, the industry has been considering alternatives, for example through the work of the Beyond Calf Exports Stakeholders Forum. That initiative involves beef and dairy industry bodies, Compassion in World Farming, the RSPCA, Government, retailers and academics. The forum is starting to overturn the assumption that male dairy calves produce low-quality beef and hence should be exported for veal production or shot in the head soon after birth. As a result of its work, male dairy calves are increasingly being reared in Britain to high welfare standards, with a resultant fall in the number of calves shot at birth or exported for veal production. I am confident that more dairy farmers would abandon the trade if the Government engaged with the industry more proactively and gave them more help to do so. The carcass-only trade is already widespread and I want to see an end to the remaining exports of live calves.

The export of sheep is in many ways no better. It, too, entails significant suffering and long, stressful journeys. In addition, British animals may experience poor welfare in European abattoirs. In 2007-08, a French animal welfare organisation carried out an investigation into 25 French slaughterhouses and found many breaches of EU legislation that is meant to protect the welfare of animals at slaughter. Earlier this year, a report by the EU’s food and veterinary office identified a number of serious animal welfare problems in Dutch slaughterhouses. The Netherlands is the destination for many sheep that are exported from Britain. Once animals leave our shores, we are powerless to ensure that they are treated properly. All the evidence suggests that they are not necessarily being treated with standards comparable to our own welfare expectations.

For sheep, as for calves, I believe that the trade should be meat and carcass only. Slaughtering a higher proportion of animals in the UK for domestic consumption or meat exports could create jobs and increase profits here. Indeed, the economic case for the live export of sheep seems negligible. In 2011, just 0.5% of the sheep reared in the UK were slaughtered abroad. That is 72,458 sheep, compared with the 14.5 million that were slaughtered in the UK. It is difficult to believe that transporting such a relatively small number of animals abroad for slaughter makes a significant contribution to the sheep sector’s earnings, or that that contribution justifies the suffering that the sheep undergo during the long journey from the UK. The UK economy would probably benefit much more from the added value derived from processing animals at home, rather than exporting the raw material for the benefit of processors abroad.

Much of this debate has focused on the disaster at the port of Ramsgate. Animal welfare conditions are questionable during the process of live transport, as well as on arrival. Other Members have spoken strongly about the Russian tanker, the Joline, which had to turn back en route to Calais because of adverse weather conditions. The ship’s design means that it is particularly sensitive to poor conditions. On this occasion, the sea was breaking over the vessel. Its design also means that there is little leeway between the time that it takes to cross the channel and the maximum journey time for calves of nine hours after a one hour rest at port. On another occasion, the vessel was held at Ramsgate for two hours because of adverse weather warnings and the lorries on board were in danger of exceeding the journey limit.

In a six-month period when the RSPCA was inspecting every vehicle involved in the trade through Ramsgate for infractions, it issued six warning notices. In September 2012, one lorry was stopped because of faults with the vehicle. The animals were unloaded and two sheep, one with a broken leg, were put down. Another 41 lame sheep were euthanised. Six sheep fell into the water after they were loaded into an area where a drain became exposed. Four of them were rescued by RSPCA officers, but two drowned. It appears that a proportion of the lame sheep were injured during the journey owing to a defect in the vehicle, but others were apparently lame before the start of the journey. By law, an official veterinarian must, before an export journey begins, certify that the animals are fit to travel.

That case raises serious questions. If some sheep were lame before the journey, why did the vet who inspected them certify them as being fit to travel? Are the checks and balances that are meant to be in place fit for purpose? Given those failures, can DEFRA’s ordering more inspections give us confidence? It is not even clear whether it intends to increase the number of inspections that are taking place or simply to meet its current legal obligations.

I agree with those who have said that the facilities are Ramsgate are not suitable for ensuring the welfare of animals if they need to be offloaded in an emergency. Despite the Minister of State, Department for Environment, Food and Rural Affairs, the hon. Member for Somerton and Frome (Mr Heath), saying that he intends to pursue a zero-tolerance approach to animal welfare and live exports, I think that the contingency plans that DEFRA has announced are inadequate. A temporary ban on live animal exports out of Ramsgate was lifted last month, but legal action is still under way. It is vital that far more is done to safeguard the welfare of animals that are shipped through the port, especially as access for the RSPCA to inspect conditions has been denied.

In the 1990s, the European Court of Justice twice ruled that the UK cannot ban live exports. Such action has to be taken at EU level. That does not let the Government off the hook. There is much more that they could be doing to bring this trade to an end. They could go to Brussels and press for a change in EU law to allow individual member states to ban live exports.

Since the two European Court cases, article 13 of the treaty on the functioning of the European Union has recognised animals as “sentient beings”. It requires the EU and member states, in formulating and implementing EU policies on agriculture, transport and the single market, to

“pay full regard to the welfare requirements of animals”.

That article creates a new legislative landscape in which, with the right political will, the UK would be justified in pressing for the right to lawfully end this trade.

Earlier this week, MEPs voted for improvements to the conditions in which live animals are exported, but they failed to reduce the maximum journey time. How different might the result of that vote have been if the UK had actively lobbied for an eight-hour limit? The Government must take the lead in pressing the EU to place a maximum limit of eight hours on journeys to slaughter or for further fattening.

Thomas Docherty Portrait Thomas Docherty
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I am puzzled. Does the hon. Lady not recognise that, given the current location of abattoirs, an eight-hour limit would have serious repercussions for the Scottish agriculture industry?

Caroline Lucas Portrait Caroline Lucas
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I thank the hon. Gentleman for his intervention, but we need to look for solutions to that problem. The suggestion is that a trade can carry on despite a wealth of evidence. He asked earlier about my evidence for the cruelty of the trade and I could read out a whole set of scientific studies. I appreciate that difficult discussions and debates must be had about how to safeguard the livelihoods of farmers, about which I care deeply, but to say simply that we should carry on with business as usual is not an adequate response.

As colleagues will know, I am a former MEP and I have worked extensively on this issue. As I have said, ideally I want a complete ban on the trade of live exports, but imposing a maximum journey time of eight hours would at least help reduce the current suffering. That should also be backed up with sufficient resources to ensure that minimum welfare standards are met.

For example, DEFRA could carry out more rigorous checks to ensure that the mandatory rest breaks required by EU Council regulation 1/2005 are provided. At present, that seems to be verified primarily via returned journey logs, which are often open to abuse and inaccuracy. Instead, DEFRA should ask the appropriate authority of the member state in which the rest break was due to confirm that it was provided, or check the data on which the vehicle’s tachograph or satellite navigation scheme depends. That would show when animals were rested, and for how long.

The sheep and dairy sectors receive generous subsidies from the taxpayer and we should consider whether they should carry the costs of regulating the trade, particularly the cost of pre-export inspections at the place of departure and the port. The Government could also amend the Harbours, Docks and Piers Clauses Act 1847 to enable ports to refuse to allow live export consignments to use their harbours. I understand that Ramsgate would welcome such a move, as would other UK ports.

As I said, my constituents have been lobbying me in support of a ban on live exports, and the issue has growing public support. A petition on the No. 10 website has more than 31,000 signatures. That number is growing rapidly every day and I hope that when it reaches 100,000, we can have a further debate and—crucially—MPs can vote on whether to take a stand against the trade. I regret that so few Members are in the Chamber this afternoon but I do not think that that reflects the strength of feeling on the issue. If we had a votable motion, far more colleagues would have attended and contributed strongly to the debate. I thank the Backbench Business Committee for allowing this debate, and I conclude with one simple request for the Government to make every effort to end what is a cruel, outdated and unnecessary trade in live animals.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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I, too, apologise for arriving late to the debate. I do not have the same excuse as the hon. Member for Brighton, Pavilion (Caroline Lucas) of being the sole representative of my party—although on some issues it feels like it—but I have been dealing with a serious matter in my constituency that may come to the surface in the next few weeks. I am sure that hon. Members will understand.

I thank the hon. Member for South Thanet (Laura Sandys) for securing this debate and for her consistency in raising this issue in recent months. Live exports have become a regular problem. We have had debates in the past, and bans have been introduced at individual ports, but the issue has recurred and there has been more than one incident similar to what happened with the Joline. Time and again I remember hearing reports in this House in which we felt that the appropriate regulatory system had been put in place, only to hear similar reports of problems with animal welfare within months. That is not incompetence; it is an almost blatant disregard of animal welfare by some of those involved in such transactions, and of the legality of some of the cases dealt with. None of the systems that we put in place seemed to have worked, and such cases returned time and again. I therefore came to the conclusion—after receiving briefing from the National Farmers Union as well as the Royal Society for the Prevention of Cruelty to Animals—that the system was not working and that a ban would be the appropriate approach.

As my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) said, there are two issues. One is a matter of principle—do we support the export of live animals in this way?—and the other is about pragmatic practicality and regulation. Are the Government going to continue allowing live exports? I do not believe that European legislation should hold us back because, as the hon. Member for Brighton, Pavilion said, representations can be made and we can use other legislation to enforce the ban if necessary. However, if a ban is not introduced and we seek a pragmatic inspection regime—this is the point raised by the hon. Member for South Thanet—the work done by Thanet district council has been superb. It has set out a number of recommendations, working with the Animal Health and Veterinary Laboratories Agency and delegating some of those functions to the RSPCA, to gain maximum confidence in the implementation and rigorous nature of those inspections. Those recommendations, if taken on board by the Government, would at least provide a practical way to address effectively some of the abuses of the past.

Thomas Docherty Portrait Thomas Docherty
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My hon. Friend has been an absolute champion of agricultural workers during his time in Parliament—often, I dare say, a lone voice. Does he accept that a ban on live exports would be a huge hit to the agricultural industry and hurt the very workers he has worked so hard to champion?

John McDonnell Portrait John McDonnell
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My hon. Friend always knows the point of vulnerability in a debate. I have never been convinced about the economic necessity of live exports, which is why the idea of an inquiry is important. The Environment, Food and Rural Affairs Committee is looking at a wide-ranging inquiry into the practical nature of how the industry operates.

As the hon. Member for Brighton, Pavilion said, we need to address the location of abattoirs and how they operate. By locating, promoting and developing local abattoirs we can overcome the problem of the lengthy journeys that animals take, and particularly any necessity to export live animals.

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David Amess Portrait Mr Amess
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I have been a Member of Parliament since 1983 and I absolutely agree with everything you have said, Madam Deputy Speaker.

Throughout my time in Parliament, I have supported sensible animal welfare measures. Indeed, if anyone had time on their hands, they could look in Hansard and see that my views on animal welfare have been pretty consistent.

Thomas Docherty Portrait Thomas Docherty
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I understand the hon. Gentleman’s reasons for being late. Does he agree that doing television is a poorer excuse for not being here?

Baroness Primarolo Portrait Madam Deputy Speaker
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Order. We are really not going to follow that route. We are considering a serious subject, and I expect Members to continue to behave seriously. So, Mr Docherty, thank you, but we will not have that answered, and Mr Amess, you may continue with your remarks and ignore the intervention.

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David Amess Portrait Mr Amess
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I recognise that hon. Members rightly represent all sorts of interests. I have said that I support responsible animal welfare measures. I would not want to use the debate that my hon. Friend the Member for South Thanet has introduced to bash farmers and the farming community. I therefore understand the points that the hon. Gentleman and others have made.

Thomas Docherty Portrait Thomas Docherty
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Like me, the hon. Gentleman supports banning the use of wild animals in circuses. One of the solutions is to export those wild animals to new homes. If I understand the matter correctly, an unintended consequence of a blanket ban would be that we could not find new homes for those wild animals.

David Amess Portrait Mr Amess
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I cannot believe for a moment that that would be the result if the motion was supported. I want to stick to my script. I was not present when other issues have been discussed in the Chamber, so I would like to stick to the specific issue that you, Madam Deputy Speaker, said that we should talk about.

I want to see an end to the long-distance transport of live animals. There is a clear case for the ending of the transport of live animals altogether. It is a cruel practice that regularly leads to the distress—or worse, the death—of animals. Indeed, recently we saw terrible pictures of little puppies who were dead, and rare, exotic fish dead in their containers. For example, inspectors, when they were able to investigate, found one animal with a ripped horn that had to be euthanised. In another incident, a vehicle had to offload all its sheep and 46—yes, 46—had to be euthanised for various reasons. Any practice that regularly inflicts such pain on living creatures, and, worse, regularly leads to their deaths, should be ended as soon as possible.

This is not an impossible dream. More often than not, animals are now slaughtered in their country of origin and then transported to whichever country they are going to. That is a much more humane way to approach the transportation of animals. Another reason why it is right to pursue the end of this practice is that even if we manage to transport live animals effectively and safely, we cannot ensure that the countries the animals arrive in live up to our high standards.

Compassion in World Farming has issued a report that shows that many member states do not provide penalties that are “effective, proportionate and dissuasive”. While some countries have shown recent signs of improvement, namely the Czech Republic, Italy and Romania, the European Union Food and Veterinary Office indicates that they, and other countries, still need substantial improvements in enforcement levels. Those two reasons—the cruel nature of transportation and the worrying lack of enforcement in other EU member states—are reason enough for wanting the practice of live transportation to be stopped altogether. That said, until that aim is fulfilled, there are other curbs that could be applied to the industry to protect transported animals. For example, there should be a maximum eight-hour journey time. Journeys for calves can be up to 19 hours, and for horses and pigs up to 24 hours. For horses and pigs, 29 hours can be an incredibly long time before a 24-hour rest. That is cruel—to make any creature travel for 29 hours before having a rest is very cruel indeed. At the very least, a middle ground should be found that enforces shorter breaks after eight hours, and then a longer 24-hour rest at the current limit.

On ports, the Department for Environment, Food and Rural Affairs states on its website that when dealing with animals it is important that vehicle loading and unloading facilities are designed and constructed to avoid injury and suffering. While that may be the case for road vehicles, I have concerns about the UK ports that animals leave from and about the ships that transport them. According to the RSPCA, the Joline, an old Russian tanker, currently transports animals from Ramsgate. It is too slow, and is overly exposed to poor weather conditions. I urge the House not to accept such poor conditions for animals who deserve to be treated with dignity and respect.

It appears that the ports of Ramsgate, Ipswich and Newhaven do not all currently live up to the standards set out in section 23 of the Animal Welfare Act 2006. Ports have no choice but to opt out of the transportation of live animals due to the Harbours, Docks and Piers Clauses Act 1847. I believe strongly in choice. Ports that currently do not have the right facilities to transport animals to a high standard must be able to choose whether they wish to partake in this practice.

On veterinary costs, the economy is going through tough times at the moment. There are a lot of elderly people in Southend West, the area I represent, and animals are their lives. Animals are everything to them and we should not trivialise how important they are to them. Veterinary bills can be very high. The taxpayer foots the bill for veterinary checks on animals in live transportation. If that cost was shifted to those involved in the industry—I know that hon. Members with farming interests will say that that would be yet another burden passed on to them—not only would the taxpayer save money during these hard times, but the industry would be incentivised to look after its animals well, as the cost of veterinary bills could otherwise be very high.

The last topic I wish to touch on is labelling. It has come to my attention that a sheep or cow can be born, raised and fed here in England, transported to France and, once slaughtered, labelled, “produce of France”. If, as I hope, the EU agrees to stop this practice, surely the incidence of live transportation will fall as the pressure to have and eat home-grown food in each European member state will grow. I therefore urge hon. Members to support any such law on labelling.

In my brief speech I hope that I have highlighted a number of issues I feel strongly about that have not already been covered concerning the suffering of animals. Maximum journey times must come down if at all possible. Ports must be able to opt out if they do not feel that they have the resources to adequately look after animals. Veterinary costs should not be met at the expense of the public purse. Labelling issues need to be addressed.

We must look after animals to the best of our ability. The fact that we need this debate at all sadly reminds me of the quote attributed to Frederick the Great:

“The more I see of men, the more I like my dog.”

I then think of the quote from Ghandi:

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”

I said that I entered this place 30 years ago. We are hardly pressed for time in this place. We used to sit until 3 o’clock or 4 o’clock in the morning. We used to sit for five days a week—we certainly put the hours in. Hon. Members no doubt love to pat dogs and like to see cats in their constituencies. They are concerned about their constituents, who feel that their animals are important. They should demonstrate their support for animals by supporting the motion introduced by my hon. Friend the Member for South Thanet. I would hope that most hon. Members feel that transporting live animals in horrendous conditions is totally unacceptable. We live in an era where we no longer write letters to each other. MPs respond to e-mails, blogging, Facebook and so on. There is not the amount of personal contact that there used to be.

I was privileged recently to attend two carol services for animals. I feel very strongly that the quality of our nation should increasingly be judged by how we treat the animal kingdom.

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Huw Irranca-Davies Portrait Huw Irranca-Davies (Ogmore) (Lab)
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It is a privilege to follow such a commendable contribution. I understand that a few weeks ago one of my Labour colleagues made a contribution of one word, before time ran out, so the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) does not get the record, but it was quite a contribution none the less.

People watching will have seen a well balanced, diverse range of well considered contributions and interventions putting forward a variety of views on animal welfare and the live transportation of animals. It has been a good day for the House, and I hope that I and the Minister will continue in that frame of mind. I thank the hon. Member for South Thanet (Laura Sandys) and other Members, not only for calling the debate and enabling us to air our concerns, but for maintaining and arguing in favour of their long-standing, if sometimes differing, views. I will deal with the contributions first, because some of them pre-empt my own comments.

The hon. Lady spoke eloquently on behalf of herself, her constituents and—I suspect—her local authority, given that its views are very much aligned with hers, and said that DEFRA had been a bit too “meek and mild” and might need to go further. I will try to draw that out in my comments too. She said that DEFRA might need to focus more on this intriguing idea of fit and proper operators—a leitmotif in several contributions. We are talking not always about individual instances, but about operators that have had constant warnings—mention was made of six warnings in a short period in Ramsgate—and those patterns of behaviour draw out an interesting theme for the Minister. What does zero tolerance actually mean? When should we intervene to stop something that is a genuine animal welfare concern?

On another interesting theme, the hon. Lady talked about cost-sharing. Like other Members, including those who have farmed for many years, I sometimes wonder how the economics of this trade stack up. But they do stack up. The live export of lamb from south Wales, the moors of Ramsgate or Scotland maintains not just a premium price but a remarkably high premium price—there is huge demand for it. It would be interesting to know what would happen to the economics of the model if the additional costs of inspection, licensing and the adequate enforcement of animal welfare considerations—so that we can have real confidence in the integrity of the process, particularly of the long-distance travel—were loaded on to the transporters.

My hon. Friend the Member for Bristol East (Kerry McCarthy), who has been a consistent campaigner on animal welfare issues, rightly recognised the differing standards of animal welfare applied in many parts of the continent—another issue that I will return to—and its impact on the UK export trade. Even if all our domestic arrangements for animal exports are of the highest standards—what the hon. Member for South Thanet called the “gold standard” that we should be proud of aspiring to—what happens if the animals pass through or reach a part of the continent where the standards fall well below what we would expect? I ask the Minister to focus on that.

This has to be about the end-to-end journey, not simply about what we are doing. The hon. Members for Brecon and Radnorshire (Roger Williams) and for Montgomeryshire (Glyn Davies) would be appalled if any animals they were trading in—having done all the right things, such as loading the animals in good condition and ready for market, in the belief that they would be transported in good condition and get rested, fed, watered and given emergency treatment when needed—were ending up somewhere on the continent, such as Spain or even Brussels, where the same rigorous standards of animal welfare were not being applied. My hon. Friend the Member for Bristol East put to the Minister the valid question of what discussions he has had with his EU counterparts on this issue, particularly on the topical issue in Europe at the moment—it is being debated as we speak and has been debated all week—which is the consistency of those standards across the EU. I am sure that the Minister will address those concerns.

The hon. Member for Montgomeryshire spoke with great personal insight and expertise—given his farming background—and spoke proudly in favour of the gold-plating of animal welfare. He said we should be doing that and that he would want to be doing that as a farmer. He took pride in driving towards those standards. We are talking, of course, in part about a sector—sheep exporting—that is for farmers who are not prosperous or massive landowners. These people are often farming on less favoured agricultural land where the only option is sheep farming. Only a few years back, the price of those carcasses was half or a third of what they are now. They have always struggled, but they have always focused on the highest standards, and the Government need to help them to do that.

Thomas Docherty Portrait Thomas Docherty
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My hon. Friend is making an eloquent case. He just mentioned personal experience. Will he say a bit more about his own personal experiences in this industry, and will he set out what terms of reference he thinks the Select Committee should consider, if we do indeed do a report?

Huw Irranca-Davies Portrait Huw Irranca-Davies
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I shall return later to the specific things that the inquiry should consider—it will not be an exhaustive list, but I will give some good pointers. On my own personal experience, I have not been a sheep farmer, but my friendly and well loved father-in-law was a sheep farmer for many years on the uplands of the Brecon Beacons.

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Huw Irranca-Davies Portrait Huw Irranca-Davies
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I am not in a position to make a completely evidence-based judgment on that. I can only say that we buy directly from our local abattoir in Maesteg, and the produce is absolutely fantastic.

Thomas Docherty Portrait Thomas Docherty
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Perhaps I can help my hon. Friend out. The answer is that it depends on the stress that the animal goes through in the build-up. The point is—it is a point he has made before—that although at first glance a local abattoir might be preferable, if standards of hygiene and humane treatment are not met, that leads to a poorer outcome. I suspect that the key thing in this debate is the standards of humane treatment that we all want to see.

Huw Irranca-Davies Portrait Huw Irranca-Davies
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My hon. Friend makes a perfectly formed point.

I shall proceed at a rate of knots now, because I want to touch on the points that have been raised. The hon. Member for Montgomeryshire talked about the Spanish diet given to exported sheep. I am intrigued to know what it consists of; I suspect that it is not tapas. My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) spoke with the benefit of his experience as a well loved and well respected food and farming Minister, although he was not quite so well respected by publications such as Horse & Hound. He made a considered and well balanced contribution, in which he rightly praised the higher standards generally to be found in the UK. He also echoed other Members’ call for a wider review, in the interests of animal welfare and of the industry. He made detailed points about the Ramsgate incident, as did others, and I hope that the Minister will be able to respond to them.

The hon. Member for Brecon and Radnorshire also has huge experience in this area. I do not think that my father-in-law’s sheep ever mingled with his; there was a little obstacle in the way, known as the Brecon Beacons. He focused on animal welfare considerations and raised the issue of zero tolerance. I am looking forward to hearing the Minister define that concept. What does it mean, particularly in the context of repeat offending by individuals, companies or organisations? Are we going to step in and take action much more rapidly in those circumstances? I hope that the answer will be yes.

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David Heath Portrait Mr Heath
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I think we need to do two things. I agree with the hon. Gentleman and I shall discuss the circumstances over recent months that were, let us be clear, totally unacceptable. We certainly need regulation and law that are fit for purpose and satisfy the requirements, but we need to enforce them rigorously. My view is that in areas of animal welfare, there should not be ifs and buts—we simply need rigorous enforcement. People need to understand that.

People need to understand that if they are looking after animals, they have a duty that is set out in law and we will hold them to it. If they fail in that duty, there will be consequences. That is the message I want to express and I think it would be supported by every good stockman, male or female, in the country who understands that the care of the animals in their protection is of paramount importance.

Thomas Docherty Portrait Thomas Docherty
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We all seem to be on the same side of the argument. Does the Minister agree that if we went for a blanket ban on exports, it would affect not just slaughter and circuses, but the racehorse industry and its involvement with the great French races? Our colleagues in Ireland would also suffer immensely.

David Heath Portrait Mr Heath
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The hon. Gentleman is right. We must be careful what we wish for because there are sometimes unforeseen consequences. Coming from an area where we have lots of excellent stables producing first-class racehorses, I have to say that the way racehorses are transported is very different from the way the average sheep is transported. Let us understand that as a basic rule of thumb. However, it is not unreasonable to expect every animal that is transported to be transported in proper and appropriate transport. That is what I am determined to ensure.

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David Heath Portrait Mr Heath
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No, I do not agree with the hon. Gentleman. Yes, he is right to read out that article. The legal requirements that the EU sets down for transport have to be in compliance with it. I believe—I will always look to see whether we are right in this belief—that if the legal requirements laid down in the EU welfare and transport legislation are observed, there is a satisfactory level of protection for the animals being transported. It is a highly regulated trade, subject to multiple levels of official controls. There are significant and specific, but I think justified, requirements on the farming and haulage industries. The EU Commission estimates that on average it costs nearly €12,000 to upgrade a vehicle for long journeys, and there are other significant costs.

There is already a regulatory framework. My task is to make sure that movements within this country comply with those regulations, and that we have the framework to make sure that that is the case each and every time. Where it is not the case, as it would appear may have happened recently—I have to couch what I say in careful terms—we take the appropriate actions.

Those controls include the need for all commercial transporters of animals to be authorised. For long journeys, vehicles must be inspected and approved. Drivers must pass a competency test. For long journeys of more than eight hours between member states, transporters must apply for a journey log providing details of the proposed route from point of departure to point of destination. The timings of the journey must be realistic and in line with the maximum journey times and with the compulsory rest periods laid down in the legislation. Once the journey has been completed, the journey log has to be returned and the Animal Health and Veterinary Laboratories Agency, which has been mentioned many times in the debate, checks to make sure that there have been no infringements of the legislation during the course of the completed journey. If there have been infringements, AHVLA will take the appropriate enforcement action.

Somebody—I am afraid I do not remember who—suggested that that was a passive arrangement. It is not. I do not have the power to order my inspectors to inspect French vehicles on French roads or Spanish vehicles on Spanish roads. What I can do is make sure that the UK legislation, which is consistent with European legislation, is enforced rigorously. It must be observed.

One of the first situations I faced after taking up this post was the regrettable events of 12 September at the port of Ramsgate. There were serious consequences, as has been well reported, with 40 animals having to be humanely killed. That led me to look very closely at what could be done to ensure the most rigorous and robust enforcement of the existing legislation in this country, and I am absolutely committed to doing that.

The first thing I did was ask AHVLA to undertake a review of its existing procedures with a view to making the necessary improvements to ensure that, as far as possible—I was asked earlier to give this commitment—the events of 12 September would not be repeated. I have been given the review and accepted its conclusions, the vast majority of which, I am pleased to say, have already been implemented. As I have made plain publicly, and as other Members have said today, essentially I am asking for zero tolerance of lapses in animal welfare standards and rigorous checks on all journeys where there is a risk that we can identify.

The hon. Member for Bristol East (Kerry McCarthy) asked about a fit and proper person test—[Interruption.] She is looking dubious, so obviously I have misrepresented her. I apologise and will let her have the credit anyway, even though it was my hon. Friend the Member for South Thanet who raised the matter. I think that it is crucial to our understanding of what is and is not within the powers. There is no test in those precise terms, but article 10 of the regulation sets out the circumstances in which the competent authority can refuse to grant authorisation. Basically, that is when the applicant has a recent record of serious infringements of laws relating to the protection of animals, and that includes proving that the applicant has appropriate facilities.

If, after authorisation, a transporter authorised in the UK commits offences, we can withdraw their authorisation. With regard to transporters authorised in other member states, we can report them to the equivalent competent authority and it should take action. Independently of that, we can prevent a transporter authorised by another competent authority operating here, but we obviously cannot stop them operating elsewhere. Those are important provisions that will come into effect, and I will use them when someone has been convicted of animal welfare infringements, but I make the point that they have to be convicted in a court of law; I cannot do it on the basis of suspicion or anecdotal evidence.

Thomas Docherty Portrait Thomas Docherty
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I would like to take the Minister back to the report he has received. He will be aware that the NFU, the RSPCA and indeed this House are keen to see the contents of the report, so can he confirm when he will place a copy in the Library and whether he will sent one to the Environment, Food and Rural Affairs Committee?

David Heath Portrait Mr Heath
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I was just about to come to that. The hon. Gentleman raises an important matter. Nothing would have pleased me more than to have immediately published the report, which I was keen should be made public. However, on advice from lawyers in the Department, and having received a specific request from Kent trading standards department, which is pursuing criminal investigations, I reluctantly had to agree to withhold publication until those investigations and possible prosecution actions have been completed. There is a view that release of the document might prejudice those proceedings, which I am simply not prepared to do.

Following Thanet district council’s decision on 29 November unilaterally to lift its temporary ban on the movement of live animal exports out of the port of Ramsgate, and the High Court hearing on Tuesday this week, I can explain the changes made to existing procedures by the AHVLA to help to prevent a recurrence of the events of 12 September. That is why I made a statement yesterday, at the earliest opportunity, so that the House was at least aware of the changes that we have made.

Let me focus on the most important of those changes. The AHVLA has always undertaken a proportion of its inspections at the point of loading based on an assessment of risk. On the basis of the risk that I perceive following the Ramsgate incident, I have asked it to inspect 100% of loadings at the point of loading in order to make sure that the risk at that point is properly assessed. Those inspections are much better, in some ways, than inspections undertaken at the roadside or at points of rest or transfer such as ports. They enable the AHVLA inspectors to undertake over 30 different checks—there is a list—on the welfare of the animals and the facilities on board the vehicle. I want to make it plain that I will maintain that 100% inspection regime for transporters using Ramsgate for as long as I believe that the risk is high. I hope that it is helpful for the House to understand the approach taken.

Earlier we heard reference to inspecting at the port itself. There is a good reason not to offload animals at the port if it can be avoided—doing so distresses the animals. It is better to have a visual inspection on-vehicle following the loading inspection, with veterinary controls at the point of loading. In everything we do, we are trying to make sure that we reduce the stress and improve the welfare of the animals as far as possible.

There is a particular issue at the port of Ramsgate, which, it is fair to say, is not the ideal port for this purpose. I understand exactly why Thanet district council has concerns, as there are other ports that might be better equipped. Having said that, there are problems associated with trying to undertake this very difficult work with live animals when a substantial protest is going on. The hon. Member for Poplar and Limehouse touched on this when he referred to perverse consequences. The protesters are people who care passionately about the welfare of animals, and I ask them to think about whether they are enhancing their welfare by exacerbating the job of the inspectors employed by the Department, who are already doing a very difficult job in very difficult circumstances; I thank them for the care that they take in protecting these animals. People will have to search their consciences in this regard, but I make that plea to them.

I will not go into the other changes to the existing procedures because all those details are in the DEFRA press release and Members can look at them for themselves.

Let me move on to the enforcement of the legislation by the AHVLA. The number of statutory notices served by the AHVLA on transporters using Ramsgate is clearly unacceptably high. Approximately 95% of transporters using Ramsgate are not authorised in Great Britain. All 30 statutory notices served by the AHVLA have been served on transporters who are authorised in other member states and whose vehicles are inspected and approved there or elsewhere. This is a significant issue. It is not about British livestock transporters using vehicles that have been licensed in this country; it is about overseas operators. When we make complaints about conduct, they go back to the authorising authority. In the case of one major operator registered in the Netherlands, we can send reports to the Dutch authorities, and I have been in touch with them. In fact, however, he does not operate in the Netherlands but is merely authorised by the Dutch Government, and that poses problems in terms of enforcement.

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David Heath Portrait Mr Heath
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The hon. Lady makes a very important point. The EU Commission itself notes that the level of enforcement varies significantly between member states. Taking regulatory or enforcement action against transporters based abroad presents legal and technical challenges that do not exist in relation to British-based transporters.

I do not like picking fights with those who argue strongly for animal welfare, but it is wrong for some welfare activists to claim that my Department and the AHVLA have been reluctant to take action against transporters when necessary. Since exports of livestock commenced from the port of Ramsgate, the AHVLA has inspected 113 vehicles at the port and supervised the loading of a further 68 vehicles at its premises of departure and three vehicles at control posts—that is 60% of the total number of vehicles presented for export via the ship, Joline—carrying more than 41,000 farm animals out of a total of 120,471 animals exported from Ramsgate.

As a result of those inspections, the AHVLA has taken regulatory action on 41 occasions, serving 30 statutory notices and issuing 11 verbal warnings. Regulatory action by the AHVLA has resulted in four vehicles being prohibited from continuing their journeys. In addition, 10 vehicles approved and certified in another member state have been temporarily suspended from operating in Great Britain until the necessary modifications have been made to them. Three incidents have been referred to a local authority for investigation with a view to possible prosecution.

I repeat and make clear that I will not tolerate the use of sub-standard or faulty vehicles that, in the view of the AHVLA, are not fit for purpose. I am confident that the AHVLA will continue to take robust action against any transporter using poorly equipped or designed vehicles in the future.

I, the hon. Member for Ogmore and others have mentioned the EU Commission’s recent report on the impact of transport legislation. The EU has competence in the area of animal welfare during transport, so we cannot take any unilateral action. That would be contrary to the requirements of Council regulation 1/2005, which has been mentioned many times. This is an important legal point and it is essential that people understand it. Although article 1 of the legislation permits member states to take stricter national measures, they can only apply to transport taking place entirely in their own territory or during sea transport involving trade outside the EU. Stricter national measures do not apply to intra-Community trade, so we are not in a position take unilateral action.

A point that has not been raised much today, but that has been raised outside the Chamber, is lairage at Ramsgate port. It has been claimed that Ramsgate port requires lairage facilities at or close to the port so that the requirements of the EU welfare in transport legislation can be properly enforced. That is not correct on two counts. First, there is no legal requirement for such facilities at a port that operates a roll-on/roll-off ferry service, such as the MV Joline. Those who claim that such facilities are needed at the port appear to have confused the legal requirements for livestock vessels, which animals are physically loaded on and off, with those for roll-on/roll-off vessels that do not require the loading or unloading of animals at a port.

It must be remembered that the EU legislation places a legal responsibility on transporters to minimise the length of the journey. There is also a requirement that the competent authority must not detain animals in transport, unless it is strictly necessary for the welfare of the animals or for reasons of public safety. I have touched on the point that the routine unloading of animals is also wrong from the animal welfare perspective. The EU legislation acknowledges that the unloading of livestock during transport is stressful for the animals, can lead to injury and increases the risk of animal diseases.

As a result, the AHVLA will unload animals only when it is absolutely necessary. Should it need to do so, because other options are not practical in the circumstances or because it is in the best interests of the welfare of the consignment as a whole, two farm-based facilities are available within one hour’s drive of the port. Those facilities have been used by the AHVLA on four occasions in the recent past. We believe that their existence continues to fulfil the legal obligations on DEFRA as the competent authority under the EU welfare and transport legislation.

Some Members have pointed to the fact that the last audit inspection by the food and veterinary office, which is part of the European Commission, engendered exchanges concerning emergency unloading facilities close to the port of Dover. The facilities that we now have were not available when that report was written, so it is not directly relevant.

The issues that the Commission has identified in the enforcement of the EU welfare and transport legislation are crucial to our understanding of this subject. This is where we all share common ground, even those who feel that we should not be exporting animals beyond our shores. The welfare of animals in transit is what we all want to achieve.

Sadly, there are still cases in which severe animal welfare issues persist. The Commission has identified key areas of concern, not within the UK, but across the EU. Those are the transport of unfit animals, the overstocking of vehicles, the transport of animals in vehicles in which the internal height of the compartments is inappropriate, animals not receiving enough water during the journey, and animals being transported for longer than the maximum permitted journey time. Having identified those issues, I am disappointed that the Commission is not taking decisive action to address them. We will push hard for it to do so.

This matter has not been raised when I have attended the Agriculture Council, but it was raised at the Council in June. My predecessor, the right hon. Member for South East Cambridgeshire (Sir James Paice), while supporting the Commission’s desire for better enforcement, recorded his desire to see improvements to the legislation, particularly through a review of the journey time rules in the light of more recent scientific evidence. That point has been raised by several Members in this debate. The right hon. Gentleman also said that the Government could not support the demand for a maximum limit of eight hours on all journeys involving livestock because the scientific evidence does not support such a limit for all major species of livestock.

The committee on agriculture and rural development of the European Parliament appears to support that view in its recent report on the protection of animals during transport. The report recognises, among other things, that such a demand alone has no scientific basis, and considers that animal welfare during transport in some instances depends more on proper vehicle facilities and on the proper handling of animals, as documented in the opinion of the European Food Safety Authority of December 2010, than on the overall length of the journey.

Although we will continue to press the EU Commission to update EU legislation on welfare in transport in line with available scientific evidence, it has decided to take a more strategic approach by tying the rules on transport more closely to requirements in the official food and feed controls legislation—regulation 882/2004—which is currently being re-written. Although it is possible that such a move could help to solve some of the problems with enforcement mentioned by the EU Commission in its report, it is too early to form a judgment on whether that is the most appropriate method of doing so.

Thomas Docherty Portrait Thomas Docherty
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The Minister is doing an excellent job of setting out a complex set of arguments. He will recall that my hon. Friend the Member for Ogmore (Huw Irranca-Davies) suggested that the Environment, Food and Rural Affairs Committee look at this issue, given its complexity. I know that the Minister has covered a lot of topics, but before he concludes his remarks will he tell the House his observations on the merits of that suggestion, and say what issues could be looked at? Would he welcome an opportunity to give evidence to that Committee?

David Heath Portrait Mr Heath
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman for raising that and this is probably an appropriate place to begin drawing my comments to a close. Some of what I have said has been a little complex and dry, but it is important to set out the legal background to some of the issues and I hope that I have answered in main the points raised by hon. Members.

I want to thank all hon. Members who took part in the debate, including the hon. Members for South Thanet, for Bristol East, for Montgomeryshire (Glyn Davies), for Tiverton and Honiton (Neil Parish) and my hon. Friend the Member for Brecon and Radnorshire (Roger Williams). Although the speech by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) was brief, it was beautifully formed in a pre-Christmas spirit that somehow seemed so appropriate. All those Members have practical experience in this area.

I also thank those Members with a genuine interest, concern and expertise in this area such as the hon. Member for Poplar and Limehouse, for whom I have a great deal of respect, as well as the hon. Members for Dunfermline and West Fife (Thomas Docherty), for Brighton, Pavilion (Caroline Lucas), for Hayes and Harlington (John McDonnell) and for Southend West (Mr Amess).

Thomas Docherty Portrait Thomas Docherty
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What about the hon. Member for Ogmore (Huw Irranca-Davies)?

David Heath Portrait Mr Heath
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I have mentioned the hon. Member for Ogmore many times and covered what he said almost word for word. It is unnecessary for me to say again that he and I agree on this issue to a large extent, and that is as it should be because this matter ought to transcend party labels.

I said that I do not want a formal review on this issue, and I do not see any great attraction for one in the Department at the moment. I will, however, continue to consider whether I should change my view on that. However, I want to review all our animal welfare issues, and live exports is just one among many. Whatever we do, I want to ensure that this country has the highest levels of animal welfare and protection—I hope I have given a flavour of that to the House—and that regulations and laws are enforced rigorously. I want an environment in which people understand that they must carry out that duty if they look after animals, whether a domestic pet, flock of sheep, herd of cows or killer whale. Whatever animal people look after, they must do so properly as it is their responsibility and we will enforce that.

If the Committee wants to undertake a review—it is not for me to tell it whether it should or not—I would be delighted for it to do so and happy to provide any evidence and support it needs to do its work properly. That is a matter for the Committee to decide. The Government welcome this debate and the opportunity to put on the record some of the things we have done and will do to ensure that what happened at Ramsgate on 12 September does not happen again. Wherever possible we must maintain the highest possible levels of animal protection in this country, which is what the House wants us to do.