Animal Welfare (Livestock Exports) Bill

Baroness McIntosh of Pickering Excerpts

2nd reading
Wednesday 21st February 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the right reverend Prelate and to participate at Second Reading of this Bill. My interests are that I chaired the Environment, Food and Rural Affairs Committee in the other place and served as an MEP for 10 years.

I am extremely proud of the high animal welfare conditions met by livestock producers in this country. Yet, as we have heard, there are no EU border posts currently in place, so it is impossible for our livestock producers to export, even for legitimate breeding purposes. While we admit breeding stock from the EU, with health checks conducted at the farm of destination, there are no reciprocal arrangements in place for British breeding stock going to the EU other than through Ireland, as we have heard. The Bill therefore seems to address a problem that does not exist—the live export of animals for fattening and slaughter—but fails to solve one that does, that of failure to export breeding stock. Can my noble friend the Minister say when the Government will address this? In the view of the National Sheep Association, it is a matter of utmost urgency.

I am grateful to my noble friend the Minister for taking on this Bill as his first Bill and for his briefing with us on 30 January and subsequent letter, which I received today. I have some personal history with this issue. I was the Member of the European Parliament for the constituency which contained Brightlingsea, and exports came through that port when the Port of Dover stopped the movement of live animals in 1992. A vigorous campaign was mounted by a rather unknown organisation at that time, run by a mother and daughter, the embryo of Compassion in World Farming. The manager of the Port of Brightlingsea suffered attacks to his home and the town was overrun by visitors protesting about the transport of live animals on the ferries. I made a point of going to visit and board a ferry for myself, to see at first hand the comfortable conditions in which those sheep were transported— they were, frankly, superior to those enjoyed by foot passengers on many cross-channel ferries at that time.

It is important to note, however, that the live export of animals has always been a very limited and heavily regulated trade, as the maximum hours that animals can travel between resting periods, and feeding and watering intervals, are heavily regulated throughout the EU. Live exports of sheep and cattle—particularly sheep—were economically important to livestock producers in the north of England and Scotland for the same reasons as my noble friend and other cited regarding poultry exports, which will continue. They are of high value and meet the highest animal welfare standards, which is why our live exports of sheep were so welcome, particularly in France. The impact assessment gives the 2020 figures for exports of all livestock as 6,272 sheep for slaughter and 38,111 for fattening, with four goats for fattening—those four goats must have been very important.

The Bill raises a number of questions. Why is the ban not on a reciprocal basis? Why does it impact only producers in Great Britain? Why does it discriminate against our own producers in favour of EU exporters, in particular of breeding stock? I presume that some livestock comes from the EU to this country for fattening and slaughter purposes, no matter how small the trade —I ask my noble friend to confirm that. I would like to see an amendment from the Government to make this Bill work on the basis of reciprocity. Why is poultry excluded? The same welfare conditions should surely apply to poultry as to other livestock, such as sheep and cattle, particularly in view of the fact that they do not travel as well as other livestock such as sheep.

As we have heard from a number of speakers, the Bill contains a glaring loophole, referred to in particular by the noble Lords, Lord Trees and Lord Dodds. Livestock movement between Great Britain and Northern Ireland will be permitted, which means that, under the provisions of the ban in the Bill, any animal could be exported from Great Britain to Northern Ireland and through the Republic of Ireland for onward export to other parts of the EU, entailing a much longer journey that undermines the key animal welfare provisions of the Bill. I understand that that route is currently the only one available for breeding stock.

The noble Baroness, Lady Ritchie of Downpatrick, very eloquently described the importance of the agri-food industry to Northern Ireland. I would echo that: it is an extremely important industry to the whole of the United Kingdom. Given the fact that basic payments are reducing and the ELMS criteria are still extremely fuzzy, yet we face a rising need for food security, what is the government action plan for beleaguered livestock farmers, particularly in the upland areas of England, which were the source of much of the live trade in the past? Again, I understand that the figures quoted showed that, for every live animal exported, seven were in carcass form—so the vast majority of this trade will continue, but in carcass form.

A further problem that I ask the Government to address is the lack of a phytosanitary agreement with the European Union. There is a chapter in the EU-UK Trade and Cooperation Agreement on sanitary and phytosanitary standards that has never come into effect. Does my noble friend not agree that it is extremely important, as others have stated this afternoon, that any import, whether from the EU or a third country coming via the EU, must match the same high standards that are applied in this country? This gap in regulatory agreement, together with the new controls at UK border posts, is causing grave concerns to farmers and consumer groups alike.

I understand that the new BTOM regulations that are coming into effect are moving the checkpoint some 20 miles from those envisaged in the port of Dover to Sevington. I would argue that that is a hostage to fortune and not conducive to effective checks on entry to this country on plant and animal health. Let us pause and remember the recent cases of ash tree dieback and horsemeat fraud, which should serve as a wake-up call for greater vigilance on imported foods, whether they are live animals for breeding purposes or plants and food products coming in through the checkpoint at Sevington. There is also concern about the reliance at sale and production points on environmental health and trading standards officers at a time when local authority budgets are under severe constraint.

I conclude by saying that no farmer has willingly exported a live animal for fattening or slaughter in recent times. I pay tribute—and I hope that my noble friend and the House will join me—to the very high standards that our farmers meet, as expected by UK consumers. I hope that the beleaguered livestock industry in this country will soon have some good news from the Government, and certainty as to what their future will be.

--- Later in debate ---

[Lord Douglas-Miller (Con)]

The noble Baroness makes a very good point. Once animals have passed into the Republic of Ireland, that is outwith the jurisdiction of the Bill. That is the current position.

I would like to address the issues eloquently described by the noble Lord, Lord Dodds, and the noble Baroness, Lady Hoey, concerning Northern Ireland and the Bill. I hope they will appreciate that I am somewhat constrained in this respect. Perhaps I might write to them separately on the issues they have raised.

The noble Lord, Lord Dodds, raised the question of negotiations with the EU on veterinary medicines going into Northern Ireland. The Government are committed to seeing a long-term, sustainable solution ahead of December 2025 that will properly support the flow of veterinary medicines into Northern Ireland from Great Britain on an enduring basis. It remains our priority to find a solution, through technical talks with the EU, that removes the barriers to supply of veterinary medicines into Northern Ireland. The Government are very clear that, in all scenarios, it is imperative to safeguard the supply of veterinary medicines into Northern Ireland. If necessary, we will deploy all available flexibilities in line with our legal obligations.

The noble Lord, Lord Carrington, and the noble Baroness, Lady Hayman, asked about the impact of this legislation on farmers and businesses. The current position is that we expect the ban to have minimal impact. We published an impact assessment in 2021, which can be accessed via the Bill’s Explanatory Notes. We estimated the direct cost to businesses of ending live exports to be around £5.2 million across the 10-year appraisal period, or around £500,000 per year. As there have been no exports for this purpose since 2020, the impact will have further decreased.

My noble friend Lady McIntosh, the noble Baroness, Lady Young, and the noble Lord, Lord Carrington, also asked about border control posts on the northern coast of France. EU border control posts can be operated only with the approval of the competent authority in the relevant EU member state. The majority of BCPs are privately operated, and the main barrier to date for the establishment of a BCP for livestock is the commercial viability of such a site. We have encouraged our counterparts in France to do more to support commercial efforts to construct and operate a BCP for livestock, and we continue to engage with them to try to resolve this issue.

[Baroness McIntosh of Pickering (Con)]

My Lords, may I press my noble friend on that point? Across the European Union, most ports are owned by the state. Is there any wriggle room whereby my noble friend and the Government could ask the Government of France to look into providing some sort of help? It looks like a rather protectionist measure as it stands.

[Lord Douglas-Miller (Con)]

I understand my noble friend’s point. I assure her that our officials are working very hard on this issue, but it is not going at pace at the moment.

My noble friend Lady McIntosh also asked why the Bill had been brought forward, given that there are other issues facing our farming sector. It is important that we put a permanent end to this unnecessary trade. Although there have been no exports of livestock for slaughter recently, given that there is demand from the EU for sheep from Great Britain, we would expect that trade to restart in the future if we did not legislate to ban live exports now. She also asked whether there were any plans to introduce a corresponding ban on animals imported for slaughter and fattening. There has never been a particularly significant import trade for either: for example, in 2019, only 91 cattle and 178 sheep were imported for slaughter or fattening from mainland Europe.

The noble Baronesses, Lady Bakewell and Lady Hayman, reflected on the Government’s broader animal welfare commitments. I take this opportunity to reassure them that we remain committed to our other animal welfare manifesto commitments, which are to crack down on illegal puppy smuggling, ban the keeping of primates as pets, and prevent livestock worrying.

On the question that the noble Baroness, Lady Hayman, raised on poultry, when we consulted on banning live exports for slaughter or fattening, we were clear that we were not proposing to extend the ban to poultry. There have been no exports of adult poultry for slaughter in recent years. I appreciate that the poultry industry and breeding companies export around 25 million day-old chicks every year, but no welfare concerns have been identified with this practice.

I once again thank all those who have spoken for their thoughtful and valuable comments. It has been hugely encouraging to hear the broad consensus throughout the debate on the importance of protecting and enhancing the welfare of the animals in our care. It is also clear that we can agree on the core aims of the Bill.

Animal Welfare (Livestock Exports) Bill

Baroness McIntosh of Pickering Excerpts

Committee stage
Thursday 14th March 2024 Grand Committee

Moved by

[Baroness McIntosh of Pickering]

2: After Clause 6, insert the following new Clause—
“Review of impact on import of livestockWithin six months of the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a review of the impact of this Act on—(a) the number of livestock imported into Great Britain from the EU for fattening or slaughter, and(b) the welfare standards of livestock imported into Great Britain for fattening or slaughter.”

[Baroness McIntosh of Pickering (Con)]

I congratulate the noble Lord, Lord de Clifford, on moving his first amendment in Committee; it is very good for him to get that under his belt.

In moving Amendment 2, I am delighted to speak to Amendment 3, which is also in my name. I thank the noble Baroness, Lady Hayman of Ullock, for lending her support to Amendment 2. These two amendments are grouped with Amendments 4 and 5 in the names of the noble Baronesses, Lady Hoey and Lady Bakewell; they are on similar themes, but I will leave them to speak to their own amendments.

I declare my interests at the outset. I chaired the EFRA Committee in the other place for five years and served as an MEP for 10 years. I am also an associate of the British Veterinary Association; I must stress that I do not always agree with its views, but I welcomed the briefing that it shared with me in advance of today.

As I indicated to my noble friend the Minister at Second Reading, I wish to press the Government into, I hope, reaching a reciprocal arrangement with EU member states on our exports; that was mentioned earlier in connection with Amendment 1. In effect, there is now no trade in live animal exports, so that ship has sailed, but I believe that it would be far better to proceed on the basis of reciprocity.

UK farmers are currently in an extremely unhappy, unequal and unfair situation. For example, at home, we have banned egg production through battery cages. Egg producers in this country were keen to comply with this, and, more specifically, British consumers were really agitating for this to be put in place. Yet we are now importing thousands of eggs a year that are produced across mainland Europe in battery cages. I note that the NFU reported that the UK granted temporary suspensions in May 2022, and—dare I say it?—that imports of Ukrainian poultry meat to the UK,

“direct and transhipped via the European Union, had increased by 90% in the first 11 months of 2023 compared to the same period in 2022”.

--- Later in debate ---

In conclusion, the Bill will reinforce our farming industry’s position as a world leader on animal welfare, boosting the value of British meat and helping to grow the economy. I am grateful to my noble friend Lady McIntosh and the noble Baronesses, Lady Hayman, Lady Hoey and Lady Bakewell, for seeking to ensure that all of the Bill’s impacts have been fully considered. I respectfully ask my noble friend to withdraw Amendment 2 and ask noble Baronesses not to press their Amendments 3, 4 and 5.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to have had the opportunity to debate this; I am particularly grateful for the support of my noble friend Lady Fookes. We are often not entirely on the same page on this as, in the other place, I represented a livestock-producing part of the country and she represented a livestock-consuming part. She has campaigned with great vigour.

I am grateful to all noble Lords who have spoken for their support for the amendments. I am slightly disappointed that my noble friend the Minister skirted around some of the issues causing great concern to the farming community, which were so eloquently encapsulated by the noble Baroness, Lady Bakewell, in terms of the impact on farmers. We are discussing animal welfare today but I am very conscious of the impact on the farming community from an onslaught and barrage of legislation such as this. As the noble Baroness, Lady Bakewell, mentioned, my noble friend’s estimate was from 2021 when, in effect, there was no export. Having lost that probably five years previously —probably before Covid—the impact is much greater than £5.2 million.

I am grateful for the support of the noble Baroness, Lady Hayman of Ullock, in this regard as well. She and the noble Baroness, Lady Hoey, mentioned the importance of monitoring. I do not think that my noble friend the Minister mentioned what monitoring there will be. It concerns me that we have not got to the bottom of this loophole, which does exist. I heard what he said about trade going through. I believe that it is lucrative enough and is already happening. I have been told that it is the only way for breeding stock to get out of the country. It is a much longer journey than would otherwise be the case.

My noble friend picked up on a point about slaughter-houses—but not the point that I made, which is that, because we have closed local abattoirs, livestock in this country has to travel further, which is obviously a source of concern to the farming community as well as consumers, the RSPCA and others. Vets are required on-site at slaughterhouses, which raises another issue about vets.

I take my noble friend’s point that these border posts in EU countries are a commercial arrangement but he skirted over the fact that this is a commercial arrangement that our farmers expect us to put in place for them. I hope that we can focus on the reciprocal arrangements for this.

I appreciate that my noble friend said at Second Reading that there are ongoing discussions about sanitary and phytosanitary arrangements, but I leave the Committee with the thought that breeding stock is a real issue. We have lost generations of breeding stock, which are immensely lucrative and obviously finite; they live for only so long, so to get them over to the continent is very pressing indeed, as is the urgency of phytosanitary agreements being negotiated and the opening up of border posts. I will discuss with colleagues what we might do at the next stage. For the moment, I beg leave to withdraw my amendment.

Amendment 2 withdrawn.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

Amendment 6 is the only amendment in this group, but just before I go into the detail I want to mention to the Committee that I have had a message from my noble friend Lady Mallalieu to say how disappointed she is that she has been unable to join the debate, due to ill health, and to assure the Minister and Members that she fully supports the Bill but has some reservations around exporters of breeding stock to Europe. She does not feel that there was adequate consultation with them during the planning process of the Bill. I mention it here because I want to talk about welfare standards around breeding stock, and so it links to some of my concerns.

My Amendment 6, calling for a review of the impact on welfare standards within six months of the Bill being passed, is less about what is in the Bill and more about what is not. As the Bill covers only livestock and live exports that are for slaughter, and not those for breeding and competition, my concern is that, because the standards around breeding and competition are not covered, it risks some animals falling through the cracks in this area.

The British Veterinary Association sent a particularly good briefing on the impact of transport on animals’ health, including animals that are being transported within this country, not just exports. This was mentioned by the noble Baroness, Lady McIntosh. The BVA is asking that there be a well-defined set of animal health and welfare standards which must be met for the entirety of the journey of animals that are transported within this country, which I fully support and I hope that the Minister will, and that the minimum standards should be the same for all animals, no matter the purpose of the transportation.

The BVA talks about the multiple factors at the different stages of an animal’s journey that need to be considered. These include the transport time and distance from point of production. Its argument is that animals should always be slaughtered as close as possible to where they are reared, which brings me to the issue that the noble Baroness raised. So many small, local abattoirs have closed. I know that the Government are developing a very good policy on this and are funding small abattoirs, but the funding is only to keep currently existing abattoirs open, not to reopen any that have closed. Unless we look at that aspect, animals in this country will always travel further distances than they ever have in the past.

At this stage, I should draw attention to my interest as president of the Rare Breeds Survival Trust, as this is something it has done quite a lot of work on. The BVA also talks about the transport design, the condition, the stocking densities and the skill of the driver. How the driver actually transports these animals—watering, feeding intervals, rest periods and the proper monitoring of health and welfare—is not talked about enough.

It also points out that, in December 2023, the EU announced plans to replace the current legislation for the protection of animals during transport. These changes would include maximum journey times, limits on transportation under high temperatures, increased space allowances and increased welfare requirements for vulnerable animals. Its concern is that the UK risks falling behind, and therefore diminishing its world reputation when it comes to animal welfare, if we do not look at replicating something similar for animals that are transported within this country. I know that is not about banning live exports, but if one of the reasons we are doing this is because of animal welfare during transportation, it is logical that the next step is to consider the standards within this country when we are transporting animals.

Finally, I thank the Minister for responding to and reassuring me on the questions I raised at Second Reading about delays to sea journeys. I was particularly concerned about that, and I thank the Minister for his thorough response, which was much appreciated. Transportation in animals is a bigger issue than simply that addressed in the Bill.

[Baroness McIntosh of Pickering (Con)]

I will intervene briefly to support the contents of Amendment 6, as moved so eloquently by the noble Baroness, Lady Hayman of Ullock.

I had to give a wry smile, because I spent hours in the European Parliament passing legislation on the movement of animals, including on the length of journey and the feeding and watering intervals. Can my noble friend say—I cannot remember but I am sure his department will—whether we transposed all the existing regulations on animal welfare at the time that we left the European Union? Is it part of our retained EU law? I do not think we need to start from scratch—that is extremely important. That is true particularly in view of what the noble Baroness, Lady Hoey, was saying about long journeys from Scotland. I am not saying that there should not be journeys from Scotland—it is very proud of its livestock production —but we need to be sure that we have transposed those regulations and that we will not start absolutely from scratch.

That also begs the question that I referred to earlier about the shortage of vets. I was grateful for the briefing we had, over a very enjoyable evening, from the British Veterinary Association. I am sorry that my noble friend was not there, but the Secretary of State was, and he acquitted himself extremely well. The point was made that there is a shortage of vets, and a plea was made to whichever party is in government after the next election—I am sure it will be a Conservative Government, so I am addressing my noble friend very vigorously here—that we should address the issue that the BVA raised about veterinary qualifications and the status of veterinary. This was a big issue in some of the Brexit legislation that went through. We had a number of Spanish and other European vets who left, so there is a shortage of vets.

This is my noble friend’s opportunity to wax lyrical about abattoirs. My husband and I have a voucher—it is rather an odd thing to bid for—to go and visit an abattoir followed by a lunch. We thought we might do it the other way round—we will see how it goes. With the closure of abattoirs, not only are there longer journeys but there is a requirement that a vet is at the abattoir for the duration of the slaughter process. Is that putting undue pressure on vets, as well as all the export certificates that are required in this regard? I am also deeply disappointed that eggs and poultry meat are not included in the remit of the Bill.

[Baroness Fookes (Con)]

My Lords, I am always in favour of anything that might improve the welfare of animals. Of course, one must include this review of the impact. However, on a technical point, I wonder whether this does not go slightly beyond the remit of the Bill itself. We are dealing in the Bill only with the export of animals for slaughter or further fattening, and this refers to export alone, not to animals that are going to be slaughtered. It would be aimed rather at the sort of animals that would be going over for racing, showjumping and the breeding of specialist animals.