Draft Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019

David Rutley Excerpts

Monday 18th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

I beg to move,

That the Committee has considered the draft Equine (Records, Identification and Movement) (Amendment) (EU Exit)Regulations 2019.

It is an honour to serve under your chairmanship, Mr Sharma. The draft regulations will make technical amendments to ensure that retained EU law on equine identification remains operable following the UK’s withdrawal from the EU, ensuring that the human food chain continues to be protected and that equines can continue to be traded and moved into and through the European Union. The current equine identification system is set out in EU legislation, primarily by Commission implementing regulation 2015/262—the equine passport regulation. I stress that the draft regulations will make no changes to the current policy or enforcement.

I will briefly summarise the draft regulations and the principal changes they will make. Part 2 sets out technical amendments to the text of the retained EU equine passport regulation, to ensure its continued operability following our exit. Part 3 makes similar technical amendments to certain retained Commission decisions also relating to equines, namely on the collection of data for competitions, the recognition of stud books and the co-ordination of information exchange between those stud books. Part 4 amends the European economic area agreement as retained in UK law under the European Union (Withdrawal) Act 2018.

The necessary technical amendments to ensure operability involve changing references to the Union in the current EU regulations to refer instead to the UK, or, where the admission of equines with appropriate ID from the EU is concerned, to refer to equines from both the EU and the UK. References to authorities in member states will be amended to refer to the appropriate authorities in the UK; in relation to Scotland it will be Scottish Ministers, and so forth.

Parts 2 and 3 omit certain articles of the Commission regulation and of Commission decisions because they contain provisions that will no longer have any relevance once section 2(2) of the European Communities Act 1972 is repealed. Omitted articles will become redundant. However, where relevant, necessary provisions that have already been given effect by domestic legislation will be preserved and continue to have effect by virtue of the EU (Withdrawal) Act.

I will briefly outline the context in which the draft regulations are set. It is important to understand how rules on equine identification operate, and the legislation that underpins the rules. I will then move on to why the draft regulations are necessary and, indeed, vital. The system of equine identification is long established in EU law.

[Scott Mann (North Cornwall) (Con)]

The Minister might be aware that my patch in North Cornwall has moorland ponies. I went out with the Redwings charity to do some tagging—moorland ponies breed on the moors and are not chipped. When these provisions are in the gift of the UK, will the Government consider facilitating the chipping of moorland ponies so that these great animals do not enter the food chain?

[David Rutley]

I thank my hon. Friend for his contribution; I thought he was going to talk about the derogation, which obviously will continue. I will seek some inspiration and come back to him in my closing remarks.

At present, the EU’s 2015 implementing regulation on horse passports applies directly in the UK, as it does in all member states. The EU law is supported by UK domestic enforcement legislation. After exit day, the EU legislation will be retained under the withdrawal Act. The draft regulations have the important, immediate job of making the necessary technical amendments to the retained law so that the movement of equines into the EU can continue.

[Caroline Flint (Don Valley) (Lab)]

The explanatory memorandum states:

“Equine welfare is enforced by local authority Trading Standards and robust identification information makes it easier to deal with cases of abandoned, lost or stolen equines.”

In my constituency, and many others, horses and ponies are abandoned on private land. One farmer had 70 left on his land, and there was little enforcement by the local authority, because there are not the powers to deal with those ponies and horses and they do not have identification. Post Brexit, will we have a better system for dealing with ponies and horses that are already in our country and whose owners are hard to identify?

[David Rutley]

The right hon. Lady makes a good point, to which I will come back later. Clearly, provision is in place under the Animal Welfare Act 2006, and in recent years we have made other changes that make it easier to address the issue of stray horses, but also those that have been tethered. We will need to take further steps in that direction.

The draft regulations ensure that the food chain continues to be protected and that the contribution of equine identification to animal welfare and biosecurity continues to be made. EU law requires that equines be identified by way of a passport. In most cases, equines born after 2009 must also be uniquely identifiable by way of a microchip; I will say more on that point in a moment. The passport contains important information about the equine, including its unique equine life number, a microchip number when one has been inserted, and a silhouette on to which the equine’s markings are drawn. The passport also records details of any veterinary medicines administered to the animal and its current food chain status eligibility.

The equine passport is long established, and these draft regulations will maintain the status quo for the vast majority of people. Domestic legislation on the identification of equines—the Equine Identification (England) Regulations 2018—has recently been updated. That includes a new provision that equines, regardless of age, must be microchipped. Therefore, we are taking further steps, notwithstanding the fact that we probably need to do more. The devolved Administrations have prepared equivalent instruments.

Having all equines microchipped, except for those recognised and listed as belonging to semi-wild populations —an issue raised by my hon. Friend the Member for North Cornwall—will significantly enhance our equine identification credentials as a third country and mark us out as a leader among our peers. Underpinned by domestic legislation, the UK’s central equine database was launched at the national equine forum on 8 March 2018 and now contains data about virtually every equine in the UK.

I draw hon. Members’ attention to an additional process change made by the draft regulations, namely the insertion of a new article 15A. As a third country, the UK will be required to generate a supplementary travel document to accompany some equine movements. Equine IDs issued by passport-issuing organisations in the UK will not suffice for that purpose under EU law, because the ID must be issued by the competent authority of the third country—for example, the Department for Environment, Food and Rural Affairs in England. The travel document is likely to be necessary only for unregistered equines, provided that the Commission agrees to recognise our stud books relating to registered equines. The Animal and Plant Health Agency has drawn up a simple single-page document that will meet the requirements of the legislation and which can be printed off and signed by the vet at the same time as other travel documentation is issued. That would be the export health certificate. APHA has confirmed that it is on track to being fully resourced to accommodate that change.

The House of Lords sifting Committee specifically raised the cost of blood tests for equines moving into or through the EU following UK withdrawal. Let me make the position completely clear. European rules state that third countries must be assigned a disease risk status, and there are seven possible categories, based on the geographic region of the third country and the level of associated health risk. Blood testing is a mandatory requirement for all equines from third countries. The number of tests required reflects the disease risk category assigned to the third country. Given the UK’s high health status and high welfare standards, of which we are rightly very proud, we would expect to be assessed as low risk and therefore subject to the minimum number of such tests. That would limit the cost impacts on the sector, which we understand to be in the order of £200 to £500, depending on the third-country category in which the UK is placed by the EU.

I stress that the testing requirements, as with the need for an additional APHA-issued travel document, are not in any way due to the legislation. Both requirements are a consequence of the UK withdrawing from the EU and becoming a third country, where we would be subject to already existing laws set down for third countries. The equine sector is already very familiar with blood tests. It is the industry norm for current movements from the UK to third countries. The equine sector has been receptive and welcoming of the new equine regime introduced over the past year and has been calling for the changes for some time. The draft regulations will back up those existing rules.

To summarise, the draft regulations seek only to make technical amendments to retained EU law following the UK’s withdrawal from the EU, ensuring the continued operability of the rules after exit and that UK horses are compliant with EU requirements for third-country equines. The regulations do not make any substantive change to policy or enforcement. Retention of the system and the rules regarding equine identification are vital to protect equine health and ensure the safety of the human food chain and the continued orderly movement of equines into and through the EU.

I trust that Members will agree that it is important to have the draft regulations in place in order to ensure that retained law is operable following our exit. They preserve our high standards of equine identification, ease of movement, welfare and protections of the human food chain. I therefore commend the draft statutory instrument to the Committee.

--- Later in debate ---

[David Rutley]

I will respond to the points that were made in that fascinating series of contributions, for which I thank hon. Members. The right hon. Member for Don Valley spoke with enthusiasm about her racecourse. Credit to Doncaster Rovers, who played incredibly well at the weekend, although they did not quite get the result they wanted.

The right hon. Lady made some important points about the number of SIs that we have to get through. To say that we are at the end is perhaps a bit optimistic, but we are at the beginning of the end. The end is in sight. The contribution that DEFRA officials have made has been extraordinary; they have worked phenomenally hard. Credit to the permanent secretary, whom the right hon. Lady was able to question. There has been a really amazing transformation in what DEFRA does, the number of people being brought on board and the number of projects that are taking place as we onshore our agriculture, fisheries and environment policies. It is an extraordinary endeavour, and I thank her for her comments.

I want to reassure the right hon. Lady, the hon. Member for Ipswich and others about what we are doing with vets and how we are making sure that we are ready for EU exit if there is no deal. We have been working very hard with the veterinary industry, the British Veterinary Association and the Royal College of Veterinary Surgeons. The evidence that has been provided to the Migration Advisory Committee strongly supports the return of vets to the shortage occupation list. While the UK prepares to leave the EU, DEFRA is working closely with the Home Office to ensure that there is a long-term strategy for the veterinary workforce as part of the future immigration policy.

To try to take the pressure off our vets in the work they are doing in their official capacity, we are creating the new role of certification support officer, which is designed to provide administrative support to official veterinarians for the processing of export health certificates. That takes work away from the official vets, but the certification support officers will be under close supervision by vets.

A point was made about the number of official veterinarians. The APHA has been working very closely with the veterinary industry to ensure that sufficient OVs are available for certification on day one. The preparations are in good shape.

The hon. Member for Ipswich asked whether discussions are ongoing with Northern Ireland and Ireland. We are having a close discussion with all the devolved Administrations and the Republic about this and many other issues. He spoke about the cost to the industry that this will bring about. There will be changes in the costs associated with vets, but they are not related to the regulations. There are costs in the process. The processes will be designed simply. Our aim is to ensure that the processes enable this to take place effectively, given that the industry often transports animals to third countries already. This is just bringing the EU into line with that approach.

My hon. Friend the Member for North Cornwall made a point about tagging. We are sympathetic to the issue that he raised, and we have had discussions with the sector to look at ways in which it can be facilitated. I will gladly meet him separately after this Committee or on another day so that we can talk about it further.

My right hon. Friend the Member for North Shropshire characteristically made some probing technical points, to which I will endeavour to respond to assure him that the issues he raised are being addressed. He asked whether horses competing in the grand national will be able to return to the EU. I think many people in the country will be interested in that. The answer is yes, absolutely, assuming that the EU provides us with listed status. We understand that that process is moving along well. All equines returning to the EU will need to follow the same process, regardless of where they are going, because we will lose access to the tripartite agreement in the event of no deal.

My right hon. Friend asked whether the tripartite agreement would remain in place in the implementation period. Yes, it would. In a no-deal situation, there would be a process to enable French and Irish horses to enter the UK. Our imports policy will remain the same in principle on day one. Importers will need to pre-notify the APHA of their intention to travel to the UK, but no additional documentation or checks will be required.

[Mr Paterson]

I understand that it will be easy for horses to get into the country, but obviously—the breeding season started last week—they have to get back. As I understand it, they will get back, but they will probably have to go through a border inspection post. I think that would be Dún Laoghaire in Ireland’s case, and possibly Larne in the case of Northern Ireland. Will the Minister confirm that it will be easy to take horses back to their home country?

[David Rutley]

Yes, I can confirm that. The processes will be different, but they will be simple. Yes, horses will have to go through a border inspection post.

Finally, my right hon. Friend asked what the export process for AQPS—French non-thoroughbred horses—would look like. The process for export will not differ depending on which EU country an equine is destined for. That means horses moving to France and Ireland will have to follow the same processes as all other equines, which I referred to earlier. Again, that is because we will lose access to the tripartite agreement in the event of no deal. As I said, we will not alter our import policy on day one, so French horses will be able to enter the UK, following the procedures as they are now.

I thank Committee members for their contributions. It is important to ensure the continued operability of retained legislation so UK equines can continue to move into and through the European Union following the UK’s withdrawal from the EU. We cannot be left in a situation where our horses may be held up at the border or prevented from moving into the EU. I trust that Members agree about the importance of ensuring that the draft regulations find passage through Parliament, and I once again commend them to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019.

Draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 Draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

David Rutley Excerpts

Tuesday 5th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

I beg to move,

That the Committee has considered the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to consider the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.

[David Rutley]

It is an honour to serve with you in the Chair, Ms McDonagh. We have two statutory instruments for the price of one.

[Hon. Members]

Buy one, get one free!

[Dr David Drew (Stroud) (Lab/Co-op)]

Coming to you at a knockdown price.

[David Rutley]

I wish I had not gone there, to be honest, given some of the comments I have just received.

I have moved the motion for the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019, and I will also speak to the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019. [Interruption.]

[The Chair]

Order. It has been suggested to me that it might be the other way round.

[David Rutley]

Okay. For the record, I have moved the motion for the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019, and I will also speak to the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.

Both statutory instruments aim to ensure that there will continue to be a functioning regulatory and legislative regime for professional regulation of veterinary surgeons and farriers, and enforcement of legislation for protecting animal health and welfare, if the UK leaves the EU with no deal and no implementation period. I will address both draft instruments in turn.

The draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 set out the approach for professional regulation of veterinary surgeons from the European economic area, and make a technical change to the Animal Welfare Act 2006 to ensure the continuity of existing enforcement powers. Both changes are needed to ensure operability of the existing legislation.

I acknowledge the vital contribution of veterinary surgeons in maintaining high levels of animal health and welfare in the UK, as well as their role in protecting public health and food safety and facilitating international trade. On behalf of the Government and, I am sure, the Committee, I sincerely thank them for their important work.

In the UK, the veterinary profession and its standards are regulated by the Royal College of Veterinary Surgeons. Since its passage, the Veterinary Surgeons Act 1966 has provided a mechanism for veterinary surgeons who have qualified outside the UK to register to practise here. That mechanism, in so far as it applied to EEA and Swiss nationals, was subsequently amended to reflect the requirements of the EU recognition of professional qualifications directive when that was adopted in 2005.

Under the European system—our current system—EEA and Swiss nationals who hold degrees from veterinary schools recognised by the EU are entitled to have those degrees automatically recognised in any member state. Once the UK leaves the EU, that reciprocal arrangement will come to an end. The purpose of this statutory instrument is to ensure operability and consistency of the system for registering EEA and Swiss-qualified veterinary surgeons after the UK leaves the EU. EEA or Swiss-qualified persons who wish to register to practise in the UK will still be able to do so. They will, however, have to follow the same process as those who have qualified elsewhere, outside the EEA.

That process is set out in section 6 of the 1966 Act, and requires that an applicant satisfies the Royal College of Veterinary Surgeons and

“has the requisite knowledge and skill…for practising…in the United Kingdom”.

If the royal college is satisfied that the degree held by the applicant meets that requirement and is equivalent to one from a UK veterinary school, there is no further assessment of their knowledge and skill. The royal college estimates that approximately 87% of applicants from the EEA will meet that requirement. That is a very high percentage.

If the applicant does not hold such a degree, they must undertake and pass a professional examination administered by the Royal College of Veterinary Surgeons. That would help to ensure consistency of approach to the regulation of veterinary standards in the future. I stress that the changes will not affect those already registered to practise veterinary surgery in the United Kingdom. Transitional arrangements also ensure that those in the process of registering with the royal college on exit day are entitled to have their application considered under the current rules.

As I mentioned, the draft regulations make a minor technical amendment, to section 29 of the Animal Welfare Act 2006, to ensure that an existing power of inspection remains available in England and Wales after exit day. The power permits the inspection of premises to check compliance with regulations made under section 12 of the Act that implement EU obligations. I recommend this statutory instrument to Committee members.

The draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 will ensure that the system for recognising farriery qualifications continues to function effectively after the UK leaves the EU. The instrument also amends section 64A of, and schedule 3 to, the Animal Health Act 1981, as well as three exemption orders under the Veterinary Surgeons Act, to ensure the operability of those pieces of legislation after EU exit.

First, I will talk about changes to the professional regulation of farriers. Farriers are responsible for the shoeing of horses, and therefore are very important to maintain the health and wellbeing of horses. In Great Britain, farriers have been regulated since 1975 by the Farriers Registration Council under the Farriers (Registration) Act 1975. Farriery is not currently regulated in Northern Ireland. Under the European system, EEA and Swiss nationals who hold farriery qualifications, or who have certificates attesting to their experience, are entitled to have those qualifications or that experience recognised in any member state. Once the UK leaves the EU, that reciprocal arrangement will come to an end.

To ensure consistency of professional standards, we propose to use the same system of recognising farriers’ qualifications from the EEA as that for farriers from the rest of the world. If a farrier has an overseas qualification recognised as equivalent to that required by the Farriers Registration Council, they can register to practise in the UK. Farriers whose qualifications and training are not equivalent to UK standards, but who have two or more years of professional experience as a farrier, will need to undertake professional assessment. If they have less than two years’ professional experience, they will need to undertake full professional training in the UK, followed by a professional assessment, before being registered to practise in the UK. That will help to ensure consistency across the profession, and will help to protect the health and welfare of horses.

We have discussed the proposals with the Farriers Registration Council, which is content with this approach. The amendments do not affect the rights of those already registered to practise farriery in the United Kingdom, or who are in the process of applying to register with the FRC when the UK leaves the EU.

I will briefly outline the technical changes that the statutory instrument aims to make to the Animal Health Act 1981 to ensure its operability after EU exit. The statutory instrument amends section 64A of, and schedule 3 to, the Act. The amendment to section 64A will ensure that where a power of entry currently exists in Great Britain, an inspector can continue to assess compliance with secondary legislation under the Act.

A further operability amendment, to schedule 3, removes any EU obligation that no longer applies to the UK after exit. The relevant local authority must be satisfied that adequate measures are in place to prevent any risk of the spread of foot and mouth disease before it decides not to slaughter susceptible animals. It is not necessary to express the requirement that European Union interests are not endangered, as there is also a clear interest for the UK to be disease-free to facilitate trade.

Three exemption orders under the Veterinary Surgeons Act 1966 currently permit specific minor veterinary surgery procedures to be carried out in the UK by persons other than veterinary surgeons, provided they have successfully undertaken an approved course. In the UK, before a UK course can be approved, the Secretary of State, rightly, must consult the Royal College of Veterinary Surgeons. However, at the moment, EU law requires us also to recognise any training undertaken in an EEA country that would allow a person to carry out that procedure there. There is no EU minimum standard for such training—no requirement that the member state in question consult its equivalent to the RCVS.

Importantly, there is no guarantee that the course is of the same standard as those undertaken in the UK. In the future, it will be for the Secretary of State—and, in some cases, the Department of Agriculture, Environment and Rural Affairs, as the responsible authority in Northern Ireland—to decide whether any non-UK course meets the appropriate standard, to ensure there is more rigour. That will help maintain high standards of animal health and welfare in the UK.

For the reasons that I have set out, I commend the statutory instruments to the Committee.

--- Later in debate ---

[David Rutley]

I am grateful for the contributions that have been made, and I am pleased to hear that the hon. Member for Stroud will be attending the BVA dinner this evening.

[Dr Drew]

You are going as well, are you?

[David Rutley]

Yes, I will be speaking, and I am little bit worried about the hon. Gentleman’s suggestion that I might be the subject of some sport. We shall see, but I am sure he will be well behaved, just as he was trying to be today.

Characteristically, the hon. Gentleman has raised a number of important points—he does his homework, as we well know—but I will touch on the issue of the shortage of vets, because I think that Members on both sides of the House are concerned about that and want to take action. To address concerns that have been raised about the shortage, we in DEFRA have provided evidence to the Migration Advisory Committee, strongly supporting the return of veterinary surgeons to the shortage occupation list. The Migration Advisory Committee is due to report in spring 2019, and while the UK prepares to leave the EU, DEFRA is working closely with the Home Office to ensure that there is a long-term strategy for the veterinary workforce, as part of future immigration policy. I hope that is helpful.

[Dr Drew]

Will the Minister support me in saying that we can work cross-party on that? We believe very strongly that this must be sorted; it should have been sorted some time ago because of the seasonal agricultural workers scheme, although I know these are not seasonal workers. I do not know whether there is anything the Opposition can do to help, but the Government have to get real. We must make sure that we are recruiting people appropriately.

[David Rutley]

That point is understood, and I will gladly meet the hon. Gentleman to discuss further his suggestion of working closely on the issue. That leads on to what else we are doing to help vets, in the event of a no-deal scenario, to prepare for increased demand for export health certificates for animals and animal products, because those products will need to pass through border inspection posts. DEFRA’s internal estimates suggest that we will need the equivalent of up to 50 full-time official veterinarians to respond to the changes in demand for export health certification.

We are providing free training for 400 official vets, and our very detailed discussions and engagement with the industry indicate that, with their existing capacity, the use of new certification support officers and their ability to bring more vets into the market, we should be in a reasonable position to meet that demand. In addition, we are providing free training for 200 CSOs and we are already starting to put CSOs through that training, so that they can add value and help our vets to focus on those issues to which they can make the biggest contribution in what could be quite challenging circumstances if there is an increased volume of demand for EHCs.

The hon. Gentleman asked about the cost of the statutory exam, which is £2,500. We have looked at other professional regulators, and these fees are fairly comparable. For example, they are cheaper than the General Dental Council’s examination fees of about £3,735.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

How long will it take for those people who are being trained to qualify and be ready? If we crash out—as I understand it, we will not have mutual recognition under the SI—will they be ready and will we have enough people to backfill the shortage? If not, would it not be sensible to be more flexible, here and now, with regard to mutual recognition so that we do not make life more difficult, as my hon. Friend the Member for Stroud has already said?

I also reiterate my hon. Friend’s point about impact assessments. A detailed, or even cursory, impact assessment of the implications would have fleshed out the issues and enabled us to engage with them more fully. The consequences are very dire if we do not get it right. A number of Departments, including the Treasury, have failed to provide impact assessments, and I am sick to death of sitting on Delegated Legislation Committees without impact assessments. I do not think that is an appropriate way to scrutinise proposed legislation, which is especially significant given the context in which we find ourselves.

[David Rutley]

The hon. Lady has also made thoughtful points. I reassure the Committee that we are working incredibly hard to ensure that we are ready for any eventuality, including regarding the availability of vets. There is an ongoing dialogue: I have met the chief veterinary officer and the BVA several times and I am sure I will meet them again tonight. We have worked very closely to make sure that we are in the best possible position for any eventuality come 29 March.

Hon. Members have also asked whether there is a change of policy. The answer is yes, because mutual recognition of qualifications will cease in a no-deal situation. A couple of hon. Members made points about impact assessments, which are required only when there will be a direct impact on business as a result of regulatory change. The SI concerns the registration of individuals only. Those points have been discussed with the RCVS, which is content with the proposals.

I hope that my remarks have answered most of the questions. I am sure that the hon. Member for Stroud will buttonhole me tonight if he has any other points.

[Dr Drew]

I will.

[David Rutley]

I look forward to that dialogue, which will be really important. Lord Gardiner is looking forward to tomorrow’s debate in the House of Lords, where those points can be considered in even more detail.

As I said in my opening remarks, it is important that these statutory instruments are passed. If they are not, the current system for regulating veterinary qualifications from EEA veterinary schools will not operate effectively, which would result in an inconsistency of veterinary standards in the UK and the inability of inspectors to enforce certain animal welfare standards. Additionally, the system for recognising farriery qualifications from the EEA, enforcing animal health regulations and approving courses for certain veterinary procedures would not operate effectively.

We know and have discussed at length the importance of the veterinary profession and the contribution that it makes to public health and to animal health and welfare in the UK. The SIs will help veterinarians to carry out their very important work in a no-deal scenario. For those reasons, I commend both statutory instruments to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019.

DRAFT VETERINARY SURGEONS AND ANIMAL WELFARE (AMENDMENT) (EU EXIT) REGULATIONS 2019.

Resolved,

That the Committee has considered the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.—(David Rutley.)

Animal Welfare (Service Animals) Bill (First sitting)

David Rutley Excerpts

Wednesday 16th January 2019 Public Bill Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is an honour to serve under your chairmanship, Ms Buck, to meet Finn and Dave Wardell before the sitting, and to have the active support of the policing Minister—quite the occasion and a real honour. I pay tribute to my friend of many years’ standing, my right hon. and learned Friend the Member for North East Hertfordshire. He was an outstanding Minister, and it is fantastic to see him turning his attention to Bills such as this. This important Bill will champion the cause of our much loved service animals and it recognises the strong feeling on the subject in the country and the public support for a fantastic campaign. Congratulations to all involved. After yesterday’s events in Parliament, it is great to see how on important issues we can come together—

[David Hanson]

We did yesterday.

[David Rutley]

The right hon. Gentleman suggests cheekily that we did yesterday. I am not so sure I agree with that, but today we will stick with animal welfare where we have broad agreement.

My right hon. and learned Friend the Member for North East Hertfordshire has brought together an impressive cast. We have former policing Ministers present, my right hon. Friend the Member for Hemel Hempstead and the right hon. Member for Delyn, and two former animal welfare Ministers, the right hon. Member for Knowsley and the hon. Member for Poplar and Limehouse.

[Sir Oliver Heald]

And a former Cabinet Minister.

[David Rutley]

Yes, the right hon. Member for Exeter.

[Mr Ben Bradshaw (Exeter) (Lab)]

The architect of the Animal Welfare Act that the Bill is amending.

[David Rutley]

I pay sincere tribute to the right hon. Gentleman for all his hard work—I hope he is pleased that we will not only back the important Finn’s law but take further strides towards making the legislation more impactful—and congratulate everyone involved.

Finn’s name is rightly associated with the Bill; it exemplifies the bravery of service dogs. The Government recognise that service animals do a fantastic job, an invaluable service that might take them into extremely dangerous situations. The best protection for them needs to be made clear in law, which is why we support Finn’s law and the campaign today.

As we have heard, in 2016 Finn was stabbed by an assailant when he assisted his handler, PC Dave Wardell, in the apprehension of a suspected offender. Finn received serious injuries but survived and even returned to duty before later retiring. He received all sorts of plaudits for his amazing and courageous work. In August 2018 the Secretary of State had the pleasure of meeting Finn and PC Wardell on a visit to Marsham Street. All the officials there were in awe and I have been told stories about how impressed they were to meet Finn. We can all agree with what the Secretary of State said at the time:

“Every day service animals dedicate their lives to keeping us safe, and they deserve strong protections in law. We will continue working with Sir Oliver Heald MP and the Finn’s Law campaign to achieve this.”

That is exactly what we do today.

When the Bill becomes law, animals such as Finn will have more protection from callous individuals, because it amends the Animal Welfare Act 2006—the architect of which is in the Committee—to make it clear that the ability for someone to claim that they were acting in self-defence when they attack a service animal should be disregarded in such circumstances. No longer will someone be able to inflict pain and suffering on much loved and heroic service animals, such as police dogs like Finn, police horses or animals supporting the prison service, and to say that they were simply protecting themselves.

In supporting the Bill, we agree with my right hon. and learned Friend the Member for North East Hertfordshire that prosecuting attacks on police and other support animals, which cause unnecessary suffering, under section 4 of the Animal Welfare Act 2006, could be made more difficult by the court having to consider whether the defendant acted in fear of harm. Relevant here is the list of considerations in section 4(3) for the court to consider whether the suffering was caused for a legitimate purpose, such as to protect a person, property or another animal. In other words, the perpetrator of the attack on a service animal could use the provision to claim they were acting to protect themselves. As noted, the Bill amends section 4 of the 2006 Act so that this consideration will be disregarded with respect to incidents involving unnecessary suffering inflicted on a service animal that is supporting an officer in the course of their duties. That will make it easier to successfully prosecute people who cause animal cruelty by attacking a service animal.

We are taking further steps to protect our heroic service animals, and indeed all animals under our care, by increasing the maximum penalty for animal cruelty from six months’ imprisonment to five years’ imprisonment. Specifically, we will amend the maximum penalties set out in section 32(1) of the 2006 Act. That will include cruelty caused by attacks on service animals, which is the second part of the Finn’s law campaign. We said we will do it and we are doing it. We will bring forward the necessary legislative vehicle as soon as possible.

[John Spellar]

Given the delay in reaching this stage of the process, could the Minister and his Department get in touch with the Government business managers to expedite the Bill’s further passage through Parliament to become legislation?

[David Rutley]

We are doing everything we can to facilitate that pace—we are looking at various vehicles. On the question asked by the right hon. Member for Delyn about the situation in Wales, a legislative consent motion will be brought forward. We will do everything we can to work with the Welsh Government to facilitate that.

We are increasing the maximum penalties for good reason: as a deterrent to those who would choose to inflict the most abhorrent cruelty on animals, and to help to address comments from sentencing judges who have said that they would have handed down tougher sentences in the worst cases of cruelty, had a higher penalty than six months’ imprisonment been available.

In summary, a two-step approach has been taken, in large part in response to the Finn’s law campaign. First, this Bill has been introduced by my right hon. and learned Friend the Member for North East Hertfordshire, which removes the consideration in section 4 of the 2006 Act that the person was acting in self-defence in attacking a service animal. Secondly, the Government will bring forward tougher sentences for animal cruelty in separate primary legislation as soon as possible.

[Sir Mike Penning (Hemel Hempstead) (Con)]

We have talked about what has happened in the Scottish Parliament. Of course, the Northern Ireland Assembly is not sitting, has not sat and is not likely to. What communications have there been with the Northern Ireland Office so that this great Union of ours has this law in Northern Ireland, whether or not the Assembly sits? As a former Northern Ireland Minister, I know the NIO has the powers for this. Perhaps the Minister will indicate when this law will come to Northern Ireland.

[David Rutley]

That is a fair question. The challenge in Northern Ireland, because the Assembly is suspended, is relative priority to other pieces of legislation we need to move through. My right hon. Friend makes an important point, and there is ongoing discussion with Northern Ireland officials.

[Sir Mike Penning]

It should not be forgotten.

[David Rutley]

I confirm that it certainly has not been forgotten, we just need to find a way forward in a very difficult situation.

I conclude by saying that I hope that Committee members are aware that, building on the tradition of previous Governments, this Government are taking forward a huge amount of important animal welfare legislation. It is at the top of our agenda. We are increasing sentences for animal cruelty, which we have talked about. We have brought in mandatory CCTV in slaughterhouses, a ban on the use of electronic shock collars on pets and, just before Christmas, we announced a ban on third-party sales of puppies and kittens. Those are very important pieces of legislation that have huge support across the House, which we are grateful for.

We are very clear that attacks on service animals such as brave Finn will not be tolerated. That is why we support the Bill and the additional protection it provides for our service animals. We will do all we can to support its swift passage without amendment through the Commons and the Lords as soon as possible. We also support the appropriate work in Scotland, Wales and Northern Ireland. I am very grateful for the cross-party support for the Bill, and the Government will ensure that we do the same.

[Sir Oliver Heald]

I thank everyone who has contributed to this short but constructive debate. Rather than making the usual point of order, may I also thank you, Madam Chairman, the officials from the Department, the Hansard writers, the attendants who have kept us safe, and everybody in the House who has facilitated the process, including the Clerk to the Committee, for being so helpful?

There were no other particular points for me to make. I looked into whether the Bill could apply to Northern Ireland, but apparently the legislation—the Welfare of Animals Act (Northern Ireland) 2011—is slightly different from that of England and Wales. That would make it difficult to apply and, possibly, make the Bill impossible to pass, so I did not pursue it, but I actively support the campaign in Northern Ireland. Thank you.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Cat Welfare

David Rutley Excerpts

Tuesday 11th December 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) on securing the debate. I do need to correct him on one thing, having been raised in the county town of East Sussex—Lewes. It is pronounced “Lewis”, not “Looze”, otherwise, a certain Member here will be quite angry—but we have set that straight.

I am very keen to confirm to my hon. Friend and other hon. Members who have turned up for the debate—I am pleased to see so many—that of course I will be more than willing to meet him and the various welfare groups that he has talked about to respond to their concerns expressed in writing, and to see how we can best move this matter further forward. There are also other things that I want to do on the back of my hon. Friend’s very well argued speech. That may not satisfy all his demands, but we will move forward on this agenda. Of course, my hon. Friend the Member for Lewes (Maria Caulfield) will be more than welcome at that meeting as well.

I do think it is time that my hon. Friend the Member for Gillingham and Rainham bought his own cat. He has made such a compelling case. He has shown how it can help people in their political affairs and to find their ideal partner. You never know: it might be the right thing for him to do in his own life.

[Rehman Chishti]

I should follow the example of the hon. Member for Strangford (Jim Shannon).

[David Rutley]

Yes. It is great to see so many hon. Members with such deep personal experience with cats and involvement with welfare charities. Cats are cherished members of the family for many people. They bring great joy in homes across the country, and we need to recognise that. We also need to understand, as my hon. Friend the Member for Gillingham and Rainham pointed out in his excellent speech, the distress and concern it causes when a cat gets lost and people want to find out where it might be.

I join Members in their comments praising various groups. The hon. Member for Crewe and Nantwich (Laura Smith) is no longer in her place, but she mentioned Stapeley Grange. The hon. Member for Barnsley East (Stephanie Peacock) praised the excellent work of Cats Protection. The hon. Member for Strangford (Jim Shannon) talks about his wife’s committed work in animal welfare in various debates, and I am pleased that that work also extends to cats.

[Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)]

In Suffolk, we have a very dedicated individual in Kathleen Lusted. She is now approaching 100 and has given almost her whole life to looking after and protecting cats that have gone missing and providing them with new homes. She has almost single-handedly set up a Cats Protection League branch in Framlingham and Saxmundham. Will the Minister join me in thanking her and congratulating her on her life’s work protecting and looking after cats in east Suffolk?

[David Rutley]

I join my hon. Friend in congratulating his constituent on her work in Framlingham and thanking her for it. If he will provide details, I will not only put my thanks to her on the record, but I will write to her, too, given that it has been her life’s work. I appreciate the contribution that my hon. Friend has made in putting that before us.

There are so many good causes and good welfare groups that take the cause further forward, whether that is Cats Protection, the RSPCA, Battersea Dogs and Cats Home or Blue Cross. They are absolutely committed to the welfare of cats and various other animals. Through their dedicated volunteers, they ensure that in many cases cats that have been lost can be reunited with their owners. They also rehome cats.

Before I get on to the substantive point of the debate, my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) raised an important point about air weapons. I know his interest in these matters and I recognise, along with many others, the widespread concern about the shooting of cats with air weapons. Anyone who does that is liable to prosecution for causing unnecessary suffering to an animal. The maximum sentence is currently six months in prison, but that could be extended with new legislation that we are looking to put to the House in due course. A review of air weapons regulation was announced in October 2017. We are now considering what needs to happen with the licensing system and will announce the outcome shortly. That will help address some of his concerns.

[Sir Greg Knight]

I am most grateful to the Minister for that response. While he is reflecting on the matter, will he look at what has happened in Northern Ireland, which has a system of licensing for airguns? The number of cats reported in the press as being shot has dropped.

[David Rutley]

I must confess that I was not aware of that. I am grateful to my right hon. Friend for raising what goes on in Northern Ireland with me. I am sure that the hon. Member for Strangford is aware of that, too. I will follow up with officials and see what we can learn.

[Mr Steve Reed (Croydon North) (Lab/Co-op)]

Will the Minister give way?

[David Rutley]

On that point, yes, but then I had better move on to microchipping, otherwise I will be held to account.

[Mr Reed]

Last year, the RSPCA reported that it had reached a five-year high for the level of airgun attacks on pets. The vast majority of pets attacked were cats. Will the review that the Minister is engaged in also look at where airguns can be advertised and sold? We had an incident in Norbury recently in which a pawnbroker’s shop turned itself into an airgun centre and had a big display of what looked like semi-automatic rifles, but were airguns, in the shop window on a high street right here in south London?

[David Rutley]

I thank the hon. Gentleman for bringing that to our attention. I am not the Minister responsible for the matter, so I do not want to tread beyond where I should, but I have seen similar incidents and reports in my constituency. I will follow up on the very important point he raises and get back to him on how wide the review will go. I hope it will address such issues, but I will confirm that with him in due course.

My hon. Friend the Member for Gillingham and Rainham talked about his private Member’s Bill, which takes forward a serious issue. He also highlighted how the subject has been raised in numerous petitions. The sheer number of people who have signed the petitions highlights that the Members in the Chamber are not alone; many people are very concerned about the issue. The Government recommend that any owner should microchip their cat to increase the chance of being reunited with it if it gets lost. In April this year, we updated the statutory cat welfare code with the welcome collaboration of Cats Protection and others. The code now more strongly emphasises the benefits of microchipping cats.

Microchipping technology has vastly improved the chances that lost pets will be reunited with their owners. For a relatively small, one-off cost of about £25, people can have greater confidence that their beloved cat can be identified. Why would someone not want to do that? As the head of cattery at Battersea Dogs and Cats Home, Lindsey Quinlan, has said, while the microchipping procedure is short and simple,

“the return on their value is immeasurable”.

It is therefore good to see that the proportion of cats that are microchipped has grown in recent years.

My hon. Friend highlighted the good report by the PDSA showing that 68% of cats are microchipped. However, a recent survey by Cats Protection found that the majority of the cats taken to its adoption centres in the past 12 months were not microchipped. It is heartbreaking to think that some of those cats may not have been reunited with their families simply because of the lack of a microchip. That is why I strongly endorse Cats Protection’s campaign to promote cat microchipping. The Government will work with Cats Protection and other animal welfare charities so that the proportion of cats that are microchipped continues to grow.

In England, compulsory microchipping of dogs was introduced through secondary legislation due to the public safety risk posed by stray dogs. That does not mean that cat welfare is any less important than dog welfare; it is just that there is not the same risk associated with cats from a safety perspective. For that reason, the microchipping of cats is not compulsory, but we strongly encourage owners and breeders to do it. That is why the Government’s cat welfare code promotes microchipping on two grounds. First, as I have already mentioned, microchipping gives cats the best chance of being identified when lost. Secondly and just as importantly, a lost cat that has a microchip is more likely to receive prompt veterinary treatment when needed. In that way, micro- chipping helps to protect more cats from pain, suffering, injury and disease, as required by the Animal Welfare Act 2006.

I am grateful to Cats Protection for its support in developing the cat welfare code. Department for Environment, Food and Rural Affairs officials remain engaged with the issue. I commit to meeting Cats Protection in January, whether as part of the roundtable or separately, to take forward this important agenda.

In the limited time available, it is important to highlight some other actions I would like to take in response to this important debate. As has been said, under the Road Traffic Act 1988, drivers are required to stop and report accidents involving certain working animals, including cattle, horses and dogs. That does not currently extend to cats. However, the Highway Code advises drivers to report accidents involving any animal to the police. That should lead to many owners being notified when their cats are killed on roads. I am pleased that it is established good practice for local authorities to scan any dog or cat found on the streets so that the owner can be informed.

Following today’s debate, I will meet the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak) to discuss how we can work together to further promote best practice. Highways England has clear guidelines for contractors to follow when they find a deceased dog. That process is designed with owners in mind, giving them the best chance of being informed of the incident that has occurred. The process laid out in the network management manual currently applies only to dogs. I would like to see what could be done to extend it to cats, and I hope other Members agree. The area is the responsibility of the Department for Transport. Following today’s debate, I will work with the Minister of State, Department for Transport, my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman) to explore what the Government can do in this area.

To conclude, I would like to say how important it has been to have this debate today. It has brought the issue very much to my attention as a relatively new Minister for Animal Welfare. I am extremely grateful for that. I would like to highlight how important animal welfare is to the Government and to DEFRA.

[Rehman Chishti]

The Minister has made a general point about looking to what further can be done. Rather than amending the 1988 Act, can we not put post-accident reporting for cats in animal welfare legislation, like in the United States? Will he go away and ensure we can look at compulsory microchipping, as well as the animal welfare perspective post-accident?

[David Rutley]

I thank my hon. Friend for his comment. Of course I will go away and look at his points. He has made a compelling case. I, and the Government, feel some sympathy with what he says. There are practical differences between dogs and cats in terms of public safety, but notwithstanding that, there is more we want to do to promote these issues. I will gladly meet him and take forward the actions and meetings I have talked about already.

Question put and agreed to.

Animal Rescue Centres

David Rutley Excerpts

Tuesday 4th December 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) on bringing forward this debate about animal rescue homes, which do a vital job looking after unwanted animals. He made his case with characteristic clarity and enthusiasm. No doubt he drew on his time as a respected Minister of State at DEFRA between 2009 and 2010. I am grateful for the tone he struck, and for the energy he put into his speech.

I acknowledge the valuable work that animal rescue homes up and down the country do to rescue and rehome thousands of sick, abandoned and stray animals each year. The wife of the hon. Member for Strangford (Jim Shannon) obviously does important work in that regard, as do many volunteers, and we should thank them for that. The work of rescue homes is taken for granted by too many. We should remember that most people working in those homes are volunteers, who are incredibly dedicated to the welfare of the animals in their care.

The RSPCA, Dogs Trust, Battersea Dogs & Cats Home and Blue Cross are well known to us and do fantastic work rescuing, caring for and rehoming animals in their care. We can be confident that animals in those organisations are looked after to the highest welfare standards, but we should not forget the smaller and nationally less well-known rescue homes that also work non-stop to care for unwanted and stray animals in our local communities.

[Sir Greg Knight]

I do not expect an immediate answer, but will the Minister at least reflect on the potential for introducing an animals abuse register, listing those who have been convicted of animal cruelty and banned from keeping animals?

[David Rutley]

I thank my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) for raising that issue. I heard what he said in his remarks earlier. The records of people convicted of animal welfare offences are recorded on the police national computer. I will gladly pick that issue up with him separately to explore this further, if he would like to do so.

Improving and ensuring the welfare of animals is at the heart of our recent welfare reforms. We have introduced regulations which came into force in October, including a requirement that licensed breeders should show puppies with their mothers. Local authorities also have more powers to inspect and enforce regulations. The hon. Member for Islwyn (Chris Evans), who is no longer in his seat, talked about the need to keep focused on welfare standards with breeders. Our actions do not stop there. The Government will also increase the maximum penalty for animal cruelty offences. It was announced last year that the custodial maximum penalty for animal cruelty will increase from six months’ imprisonment to five years. That remains the Government’s commitment and we will introduce it as soon as parliamentary time allows.

[Jim Shannon]

Has the Department had any opportunity to look at the legislation in Northern Ireland? It is very strong and was perfected by the Northern Ireland Assembly. Has that opportunity been afforded to civil service staff?

[David Rutley]

It is clearly an issue that I need to take more time to look at. As a relatively new animal welfare Minister, I will follow up with officials about this, based on the hon. Gentleman’s comments.

We are absolutely committed to taking this legislation through, when parliamentary time allows. We have also been looking to raise our welfare standards even higher; in February, we published a consultation on a potential ban on third-party sales. Third-party sales of puppies are those that are not sold directly by breeders. Sales are often linked to so-called puppy farms, which many of us have real concerns about. We know that there are concerns that third-party sales of puppies and kittens can lead to poorer standards of welfare than when puppies and cats are purchased directly from a breeder. We have heard other reports about that during the debate. A ban would mean that puppies and kittens, younger than six months old, could only be sold by the breeder directly or adopted through rescue and rehoming centres.

Our recently published regulatory triage assessment—a mini impact assessment—on the impact of a proposed ban on third-party sales estimates that 5% of puppy sales are by third-party sellers, which amounts to 40,000 puppies per annum. The RSPCA estimates that some dealers were individually earning over £2 million annually from the trade, and in many cases those revenues were not declared to HMRC. Our view is that the demand for puppies can and should be met by changes to the practices of existing breeders in order to breed more puppies, and by selling directly to the consumer. That will further improve the welfare of puppies.

Some stakeholders raised concerns that any proposed ban could be circumvented by unscrupulous centres presenting themselves as a legitimate rescue or rehoming centre. That is why we have been looking at licensing rehoming centres, as the hon. Member for Poplar and Limehouse mentioned, as well as the hon. Member for Leigh (Jo Platt), who has worked hard on the freedom of information requests she is taking forward. I will look at that more forensically in slower time, but I thank the hon. Member for raising that.

Sadly, there are some rescue homes that, for whatever reason, fall short of the acceptable standard of welfare. As with any keeper of animals, an animal rescue home must provide for the welfare needs of animals, as required by the Animal Welfare Act 2006, but they are not licensed in the same way as dog breeders or pet shops. In response to a call for evidence on a proposal to ban the commercial third-party sale of puppies and kittens in February, many stakeholders pointed out that we should also consider closer regulation of rescue homes. Their argument was that we need to address concerns about animal welfare standards in some unscrupulous rescue homes.

--- Later in debate ---

[Mr Philip Hollobone (in the Chair)]

The debate can now last until 5 pm.

[David Rutley]

Thank you, Mr Hollobone. I recognise that votes may have taken hon. Members’ interest away from this debate, but for those of us who are here, and particularly for the hon. Member for Poplar and Limehouse, we will continue to address the important concerns that he has expressed.

I was saying that it is argued that we need to address concerns about animal welfare standards in some unscrupulous rescue homes, and to do so partly to address concerns that third-party sellers would simply set up as rescues to avoid the proposed ban. I can assure the hon. Gentleman that the Government share the concerns completely. Therefore, as part of our consultation on a third-party sale ban, which we launched in August, we asked specifically whether the public thought that animal rescue and rehoming centres should be licensed.

The consultation closed in September and attracted nearly 7,000 responses. We are in the process of analysing the consultation responses and will publish a summary document shortly. I am sure that the hon. Gentleman will be interested to see that. To bring in licensing of animal rescue homes, we would need to be clear about the benefits and the potential impacts. About 150 rescue homes are members of the Association of Dogs and Cats Homes, to which he referred. As he set out in his well-informed speech, the ADCH has set standards for its members to ensure that good welfare standards are met.

One member of the ADCH is the RSPCA. That charity says that in the past eight years it has investigated some 11 individuals and obtained 80 convictions against five people involved in animal rescue; a further two people received a caution. Those cases involved a total of more than 150 animals of different species, including dogs, cats, horses, farm animals and birds. That is despite all the hard work and the ongoing assistance that the RSPCA is willing to give and provides to failing establishments to ensure that they meet the standards and the needs of the animals in their care.

Regulation could benefit the sector and, importantly, the welfare of the animals involved, but we must remember the work and contributions of smaller rescue centres, which we have referred to and which in the vast majority of cases do all they can to promote the welfare of animals in their care. Many are not members of the ADCH, and there may be hundreds out there. DEFRA is working with those organisations and other animal welfare groups to build a better understanding of what the issues are for smaller organisations. We want to work with them to ensure that the appropriate welfare standards are put in place so that those who are operating genuinely, with the best intentions, can do so. The ADCH standards are well regarded and we will further consider them as part of our further work. I am sure that the hon. Gentleman is concerned to hear about that as well.

I think that more needs to be done, following on from the Dogs Trust reception today, to tackle puppy smuggling. That, too, will help well-intentioned rehoming centres. It is becoming increasingly clear to me that much more targeted action is needed to tackle puppy smuggling from end to end—both supply and demand. We have zero tolerance for unscrupulous dealers and breeders abusing the pet travel scheme in order to traffic under-age puppies into the UK. Those puppies have to endure very long journeys and they are not effectively protected against very serious diseases, including rabies and tapeworm. That poses a risk not only to their health, but to the health of other animals and people in this country.

The puppies spend many of their early weeks of life living in completely unacceptable welfare and health conditions. We must stop that in its tracks. We will be working hard to do that. We shall also be taking forward campaigns that will focus on changing the opinion and behaviour of the public, so that they have a better understanding of what is required in order to purchase a puppy responsibly, and that will, at the same time, raise awareness of the scourge of puppy smuggling. Doing that will put greater focus on proper breeders and the valid work of rehoming centres.

The Government have made it clear that we take animal welfare very seriously. We have a clear and positive action plan and have followed that up with a series of announcements, including those about updating and improving the laws on the licensing of certain animal-related activities and about increasing the maximum penalties for animal cruelty. We have consulted on banning third-party sales of puppies and kittens and are looking very actively at licensing rehoming centres to ensure that all rescue homes meet the appropriate standards of animal welfare. Hon. Members can therefore be assured that the Government are not afraid to take action that is needed, and will go on doing so in support of Members across the House who want to see action taken.

I again thank the hon. Member for Poplar and Limehouse for his very thoughtful and considered contribution today.

Question put and agreed to.

Resolved,

That this House has considered animal rescue centres.

Concentrated Animal Feeding Operations

David Rutley Excerpts

Monday 12th November 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

I congratulate the hon. Member for Bristol North West (Darren Jones) on securing this debate on the scale of concentrated animal feeding operations. He made a number of very important points, which I know he makes from a heartfelt perspective and as a matter of principle.

This is an important debate and I recognise the hon. Gentleman’s concerns about moving towards more industrial-scale farming. I would like to focus on some concerns that have been raised with regard to beef farming in the context of what he said. It is important to recognise that while we need to manage animal welfare to high standards, we need to recognise the contribution that these various sectors, whether beef, poultry or pork, make not just to food production but to rural economies. I think there is a balance to be struck.

It is worth highlighting from the start that we have some of the highest animal welfare standards in the world. Our consumers are right to expect that their food is produced to those high quality standards. All operational livestock farms, for example, comply with comprehensive UK welfare legislation. That legislation—I am talking specifically about beef here—applies equally to all livestock farms, regardless of scale or system of production. There is also a specific statutory cattle welfare code, which provides guidance to cattle producers on how to comply with legislation. That is true for other types of farming which the hon. Gentleman touched on in his remarks.

As long as the relevant welfare standards are met, we recognise that the UK market has a place for different production methods. These will collectively enable the industry to be competitive and thrive in the UK, EU and global markets. I can understand the concern about the reports of very large stock units. However, big does not necessarily always mean bad with regard to animal welfare. Indeed, an article in The Guardian on this subject stated that most

“intensive beef farms appear to operate to high welfare standards”.

I can confirm that the Animal and Plant Health Agency and the Government’s expert committee, the Farm Animal Welfare Committee, visited this system type and no welfare concerns were raised, including in relation to shelter, stock densities and the legal requirement to have access to a well-drained lying area. These approaches apply to other areas of farming, too.

The key point to highlight is that poor welfare may occur in both intensive and extensive systems. Stockmanship and the correct application of husbandry standards, whatever the system of production, is the key to ensuring good welfare for all farmed animals. We have a strong track record of raising the bar for welfare standards, such as banning battery cages for laying hens, sow stalls and veal crates.

While the UK already has some of the highest animal welfare standards in the world, we are considering what more can be done in the context of our future agricultural policy. The response to the “Health and Harmony” consultation reinforced the view that high standards of animal welfare are a priority for the public. We will maintain our high regulatory baseline and look to raise standards sustainably over time as new research and evidence emerges.

In addition, as set out in the Agriculture Bill, we will develop publicly funded schemes for farmers to deliver animal welfare enhancements beyond the high regulatory baseline already in place that are not sufficiently provided by the market. We are working with sector groups, retailers, welfare organisations and the Farm Animal Welfare Committee to define a range of enhanced standards. We are examining the role that farm assurance schemes can play in delivering these payments. There are important vehicles ahead that will enable us to address some of the issues that the hon. Gentleman discussed. We are already acting to improve the welfare of livestock through, for example, making CCTV mandatory in slaughterhouses, increasing the maximum sentences for animal cruelty to five years, and working to restrict exports of live animals for slaughter once we leave the EU.

I understand that there are concerns that US-style livestock farming will come to the UK, but I reassure Members that EU exit will not result in a move towards US-style agribusiness in the UK, with animal welfare and environmental standards being eroded. The Government are committed to maintaining and, where possible, improving current standards. US-style livestock farming is not what we want and will not happen here.

[Darren Jones]

Will the Minister confirm that the enhanced regulations that he has referred to for UK farming will have extraterritorial effect, meaning that we will not import food products into the UK that do not meet the standards that we expect of British farmers?

[David Rutley]

I will come back to the hon. Gentleman on the detail of that, but I assure him that we have no desire at all to water down our standards. Talk of importing hormone-treated beef or chlorinated chicken is not where we want to go and it will not be contemplated in any of the trade deals that we have going forward. If he wants to explore that in more detail, I will gladly get into that level of detail.

[Kerry McCarthy]

I appreciate that the Minister is not the farming Minister, but when we tried to introduce a non-regression clause in the Trade Bill, we were told that it was not the place for it. We are now trying to introduce it in the Agriculture Bill, and we are being told that the place for it is the Trade Bill. We need something enshrined in legislation, rather than just the warm words of Ministers, to say that we will not accept imports with lower standards than those required from our farmers in the UK. Does the Minister agree?

[David Rutley]

As I said, I will come back on those technical points, but there is no attempt or desire across whichever piece of legislation to water down standards. I have been very clear on that in other debates and I am very clear on it here as well. I will come back to the hon. Members on the points that they have raised.

Other points were raised about labelling and marketing terms. We will look at ways in which we can ensure that consumers have a clearer understanding of the animal welfare standards applying to products. Terms such as “free range” for poultry and eggs are already enshrined in law, but other such as “pasture-fed” or “outdoor-reared” rely on voluntary agreements for their use. It is important that consumers have complete confidence in the way that these terms are used and that their use is clear and consistent. We will therefore review, after we leave the EU, the use of these terms to build consumer knowledge and confidence in these terms and concepts. Leaving the EU gives us an opportunity to shape the future of our farming industry and to help our farmers to grow and sell more world-class food, but as I have said, we will not compromise on the high animal welfare or environmental standards, and we will always protect our proud and varied farming traditions.

The hon. Member for Bristol North West made an important point about antimicrobial resistance. Another example of the UK agriculture sector’s responsible approach to food production is its recent concerted efforts and action against the globally recognised threat of antimicrobial resistance. Last month, the Government published a report showing a reduction for the fourth year in a row in the sales of veterinary antibiotics. This has brought us to a 40% reduction in veterinary antibiotic sales over the course of the UK five-year antimicrobial resistance strategy, with levels now the lowest that we have seen since we started recording them in the early 1990s, so real progress is being made there.

Behind this success lies close, collaborative working between the Government and the livestock sector, including the beef sector, which has developed and published targets for the reduction, refinement and replacement of antibiotics. These targets apply across the whole sector in farms of all sizes. With all that we have achieved, we want to make sure we continue to have a world-leading beef sector going forward with the right welfare standards in place, and that applies to other sectors as well.

We heard talk also of the agri-tech strategy in the years ahead. Research, development and technological innovation are key if we are to compete globally. By pioneering the use of more innovative and efficient farming techniques, we can also use our resources more sustainably and reduce the environmental impact. For example, the Centre of Innovation Excellence in Livestock, established under the 2013 agri-tech strategy, aims to support, promote and deliver industry-led innovative livestock research, a key asset being its beef grazing systems unit, which assesses feed efficiency and productivity at pasture. Our future research and development proposals will build on existing investments to enable greater take-up of innovation on farms.

We are a proud trading nation. We have talked about trade, but I want to reiterate for the record where we stand. The UK enjoys food from diverse sources of supply as well as our strong domestic production industry. There is no reason to believe that other third countries cannot meet our high standards, and this will be a condition for any market access granted as part of future trade agreements. The Government have been clear that any future trade agreements must work for consumers, farmers and businesses in the UK. I want to be clear that we will not water down our standards on food safety, animal welfare and environmental protection as part of any future trade deals.

Future reform is critical. We need to take the opportunity that being outside the common agricultural policy will give us to use public money to reward environmentally responsible land use. We know that good environmental practice, high standards of animal welfare and profitable business strategies are not mutually exclusive. We believe they run hand in hand. We will work to ensure that UK agriculture prospers for future generations by designing an approach that works for our farmers and that high environmental and animal welfare standards are a badge of quality.

The UK produces some of the best quality food in the world, and that is the basis on which we intend to sell our produce at home and abroad, promoting and enhancing the reputation of British food and drink through the Food is GREAT campaign. We now have an unprecedented opportunity to redesign our policies to ensure our agricultural industry is competitive, productive and profitable and that our environment is improved for future generations, while at the same time working to improve animal welfare, as the hon. Gentleman highlighted in his remarks.

We are working closely with the industry and the public to drive agricultural and environment policies. We are rightly proud of the high animal welfare standards that underpin our high-quality British produce, and we will not only maintain but work to enhance these standards through our future policy framework. Once again, I would like to thank the hon. Gentleman for securing this important debate on such a vital subject and for conducting it in such a considered way. I look forward to working with him through correspondence and future debates—no doubt—on this vital subject.

Question put and agreed to.

Leaving the EU: Timber Industry

David Rutley Excerpts

Wednesday 31st October 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

As always, it is an honour to participate in this debate under your chairmanship, Mr Davies, and I congratulate the hon. Member for East Lothian (Martin Whitfield) on securing it. Continuing the wood gags, I was concerned at the start of the debate that I would be stumped by his line of questioning, but he has been very clear, for which I am grateful.

Forestry and timber processing is a growth sector, as the hon. Gentleman said, with 82,000 jobs in the UK, and it contributes £2 billion each year to the economy. In the Budget this week, it was good to see the Chancellor announce £60 million to plant trees, including £10 million to do so in urban areas and £50 million to encourage large-scale afforestation through the woodland carbon guarantee. It is important to discuss the impact of the UK’s departure from the EU on this sector and I welcome the opportunity to do so in this debate.

Like all Departments, DEFRA is working incredibly hard to understand the implications of exiting from the EU. We have been taking note of the potential risks, coming up with mitigating actions and looking at what the opportunities will be, in this and other sectors, as well as ensuring that contingency planning is in place, regardless of what scenario we might move into.

Strengthening the timber trade, and enhancing the sustainable management of the woodlands and forests that support the trade, will continue to be a real priority for DEFRA. In the 25-year environment plan, we committed to increase forest cover in England from 10% of land area now to 12% by 2060. That is an area equivalent to the size of Dorset. I know that that is not north of the border, but the hon. Gentleman will be aware that it is big area. Meeting that target will require increases in both private and publicly funded planting, including from the timber industry. That will be music to the ears of my hon. Friend the Member for Brecon and Radnorshire (Chris Davies). Clear opportunities for the sector lie ahead as well.

This is a growth sector, and the value of our forests is on the increase. Market conditions are good and British wood is competitive with imports, leading to increased levels of domestic production, which we need to start thinking about and preparing for. UK mills produce around 3.5 million cubic metres of sawn wood each year. The increase in house building is increasing demand for wood, and 27% of housing starts in 2017 are expected to use timber frames. That is a good opportunity, and we want to be ready to support it through increased domestic production.

At a UK level, timber availability is forecast to increase in the short to medium term and then decline to current levels after 2030. We are gearing up and moving forward. We recognise that increasing domestic production will also boost the rural economy, which many of us represent.

[Martin Whitfield]

I am very grateful that the shadow Minister, my hon. Friend the Member for Stroud (Dr Drew), is here. Does the Minister feel that more credit should have been given to the timber industry in the Agriculture Bill, which is currently passing through the House?

[David Rutley]

That is a good question, and I will come on to it—we will not duck it.

As the hon. Member for East Lothian said, we are the second-largest importer of timber behind China— 82% of our wood production uses imported wood. Increased import costs caused by currency fluctuation or regulatory barriers could therefore pose a challenge to the timber trade, but there is capacity in the UK to increase our use of our own forestry resource. There is a real opportunity for import substitution, which over time will help to mitigate any rise in import costs or increase in tariff barriers and will help bring more of the UK’s woodlands under active, sustainable management. That is something we all want to see.

[Chris Davies]

Will the Minister tell us what schemes will be put in place to ensure that native woodlands are managed properly and that that timber goes into the firewood sector, while commercial soft wood is targeted at the building sector?

[David Rutley]

We have a number of schemes in place, and the Agriculture Bill will introduce environmental land management systems, which will help us to promote the production of different wood types. I can meet my hon. Friend after the debate to discuss that question in more detail.

There are clear opportunities ahead, which are good commercially and make sense, given our wider ambition to increase woodland coverage and meet our carbon targets. The hon. Member for East Lothian mentioned Scotframe. The issues he raised are matters for the Scottish Government, but I am keen to discuss new timber-based construction with business, and the 25-year environment plan commitment to use more domestic timber in construction points to where we want to go. Using our timber in construction will help us create what some people call a conveyor belt of carbon sequestration here at home, helping us to meet not only the housing targets that the hon. Gentleman outlined but our long-term objectives under the Paris agreement.

Our new environmental land management system will focus public money on the provision of public goods, and put forestry and agriculture on an equal footing. Trees and woodlands provide multiple capital benefits, including carbon sequestration, soil quality preservation and reduced water run-off. There is clearly more work to be done, but that exiting development will help to address some of the hon. Gentleman’s concerns.

The hon. Gentleman also raised concerns about VAT. The Government are committed to keep the VAT regime as similar as possible to what we have now. If there is no deal, we will introduce postponed accounting for goods imported into the UK. That was stated in the technical notice entitled “VAT for business if there’s no Brexit deal”, and a written answer from 8 October gives more detail about that. If the hon. Gentleman has more concerns, I will gladly discuss them, but the Government have set out clearly that that is our aim.

The hon. Gentleman also made some important points about EU readiness. We are preparing for any eventuality, but our primary aim is to secure a deal. In our planning for the unlikely scenario of a no deal, we are working to ensure that timber importers face as little inconvenience and as few additional costs as possible in the event that they need to conduct extra due diligence at the borders. Current due diligence checks on imports from outside the EU will remain the same, so in a no-deal scenario a large number of importers will not notice any increased costs. Although we recognise there will be some additional costs for businesses that import from EU countries—I will talk more about that in a minute—we will give them support and advice to ensure the costs are minimised as far as possible. A number of technical notices have been published in the public domain to provide such information, reduce the grey areas that businesses are working with, and give them greater clarity.

[Martin Whitfield]

Does the Minister accept that the paperwork relating to imports and exports from within the EU far exceeds the paperwork relating to imports and exports from outwith it, should that become necessary following our departure?

[David Rutley]

As I was trying to explain, our aim is to ensure any added burden is kept to a minimum. The technical notices help to set that out, but there is clearly more work to do.

We want to ensure businesses can continue to trade with the EU in a no-deal scenario, which is why the Office for Product Safety and Standards will support and advise UK exporters about what documentation they might need to give EU customers so they can fulfil their due diligence requirements. We are working hard to ensure that the supply of timber for building is not interrupted—I know that is a priority for the hon. Gentleman—and we will work with those who face any additional costs or burdens to ensure these are minimised. We are also making good progress in driving up planting rates across the country so we have a resilient timber supply for the future. We are on track to meet our commitment to plant 11 million trees by 2022 and an additional 1 million trees in our towns and cities.

As part of our planning, we are working to ensure that biosecurity standards continue to be met in ways that support trade and the smooth flow of goods. Our plant health biosecurity arrangements protect the environment from pests and diseases, and we will continue to protect the nation’s plant health biosecurity during and after our exit from the EU. That is a clear priority.

We are considering our import controls for plants and their products, including timber and forestry material, for a range of scenarios. The Government are working to ensure that systems and processes are in place so that trade continues to flow after exit.

We have set out our technical notices, including one entitled “Importing and exporting plants and plant products if there’s no Brexit deal”. Timber currently managed under the EU plant passport regime will need to enter the UK with a phytosanitary certificate in a no-deal scenario. Checks will take place remotely after the border to minimise impacts on businesses and ensure the continued smooth flow of goods.

The hon. Gentleman talked about the number and weight of regulations. Our aim is to ensure that, although we will have to adjust to any eventuality, the burden is kept to a minimum.

[Martin Whitfield]

May I extend to the shadow Minister and the Minister an invitation to meet the APPG and its members so we can take these discussions further?

[David Rutley]

I welcome that opportunity. It would be good to meet the APPG and Confor, which provides its secretariat services, to discuss these issues in more detail. I am a new Minister in this area, and it would be a pleasure to do that.

[Chris Davies]

As chairman of the APPG on forestry, may I ask whether we could have a joint meeting with the Minister?

[David Rutley]

My goodness—that sounds like an incredibly good idea. Joined-up thinking! I like the sound of that. I will gladly arrange that meeting.

The hon. Member for East Lothian talked about illegally harvested timber. We will ensure that there is a successor arrangement in a no-deal scenario, and are creating a UK forest law enforcement, governance and trade system.

I think all hon. Members recognise that UK forestry and timber processing is a growth sector, and that the value of our forests is on the increase—not just commercially, but in terms of natural capital. Market conditions are good, which gives us the opportunity to increase British wood production. Although the UK’s exit from the EU may pose challenges for the forestry and timber-processing industries, we are working flat out to ensure that those issues are mitigated. We want to create more opportunities for the production of domestic timber. That will fit neatly with the commercial opportunities and what we are trying to do with our 25-year environment plan and our clean growth strategy. I know that is important to the hon. Gentleman and to others who participated in the debate. I thank him for securing this important debate, and I assure him that achieving those objectives is very important to me in my new ministerial role.

Question put and agreed to.

Racehorse Protection

David Rutley Excerpts

Monday 15th October 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is a pleasure to serve under your chairmanship, Mr Sharma. I congratulate the hon. Member for Hartlepool (Mike Hill) on speaking up for the petitioners, which he did extraordinarily well, while also adding in some of his own views along the way. It has been a useful and stimulating debate.

I am the newly appointed Minister for Animal Welfare, and hon. Members on both sides of the House can be assured that this issue is very important to me. Like other Members, I have also received several emails from constituents who have signed the petition; there were 176 from Macclesfield. It is clear from the contributions made that racehorses spend many weeks training hard to compete in races so that many people across the country can enjoy the thrill of horse-racing, which, as set out by my hon. Friend the Member for Tewkesbury (Mr Robertson), the right hon. Member for Warley (John Spellar), and others, is the second-best-attended sport after football. That is why we should rightly expect that racehorses are looked after to the highest standard and that their welfare needs, as required by the Animal Welfare Act 2006, are met.

The BHA is responsible for the safety of the tracks, for both horses and jockeys. I am pleased that it works hard to put in place the necessary safety measures for horses and works collaboratively with welfare experts from the RSPCA and World Horse Welfare to continuously improve its work in this vital endeavour, which is important.

As the new Minister, I wanted to understand what these welfare organisations—as well as my colleagues—had to say, so I read with interest the views of the RSPCA, which is supportive of its working arrangement with the BHA. The charity’s deputy chief executive, Chris Wainwright, said:

“We work really closely with the BHA and we think that relationship has resulted in lots of really good improvements, whether it’s the use of the whip”—

we will come on to that again in a moment—

“hurdles design or the review of Aintree.”

It is clearly open to further reviews, but it has a positive working relationship with the BHA.

World Horse Welfare says that it has worked constructively with the BHA for many years, which has resulted in a number of positive changes to further advance racehorse safety and welfare.

The BHA has a dedicated team who inspect the 60 racetracks in Great Britain. There are four inspectors of courses, who have an allocated number of racecourses. I will not go into all the detail of their work, but it is clear that they do preliminary inspections of the racecourses; they are involved at the start of every season. Throughout the season, racecourses continue to be monitored, and then any improvements that are required get acted on. On race day itself, as the hon. Member for York Central (Rachael Maskell) has seen for herself, a huge amount of activity goes on to ensure that there are high standards then as well.

How do we think that the BHA is performing? There were differing views across the Chamber today. The BHA maintains statistics on the number of horses involved in fatal accidents, and it is really important to see the level of fatalities and the trend. Mention has been made of this, but let me put it on the record for clarity: clearly, each fatality is absolutely tragic. The continuing decline in fatalities from the years 2012 and 2013, when there were 211 and 196 fatalities respectively, to 167 in 2017 is encouraging, but I am keen to see the number of fatalities decline still further. From contributions in today’s debate, including a very useful contribution from the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), I think that that ambition is shared across the House. The BHA needs to recognise that and respond to it, and I will come in due course to how I think it could be recognised.

As has been highlighted, there is always a degree of risk in any sport or activity, whether to the humans or animals involved. With 91,000 runners at tracks in 2017, the fatalities represented 0.18% of all runners. It is positive to see the percentage also declining since 2012. That is very welcome, given the work that the BHA is doing to put in place the necessary safety measures. I have to state again that that is done on a collaborative basis with the RSPCA and World Horse Welfare. That approach is vital. I accept the point made by the hon. Member for East Kilbride (Dr Cameron) that more needs to be done to ensure that the figures are transparent and available to the public more readily. I will raise that when I meet the BHA.

A good example of a result of the collaboration between the BHA and the RSPCA is the redesign of fences and other aspects of the Grand National course, as the hon. Member for St Helens North (Conor McGinn) will appreciate, given his constituency interests. It resulted in the inner frames of fences being replaced with more forgiving flexible plastic. That has led to a sharp decline in the number of fatalities in that iconic race; indeed, there has been none since the work was completed in 2013. That is good news, and more needs to be done to learn from these important lessons to reduce fatalities further in other races.

There have been very notable contributions to the debate. Some were incredibly supportive of the status quo, although I think that everyone wants further change and improvement. Worth highlighting are the intervention early on from the right hon. Member for Warley and the contributions from the hon. Member for St Helens North and my hon. Friends the Members for Tewkesbury and for Shipley (Philip Davies). They highlighted how much horse-racing means to many people across the country and that the welfare of racehorses is vital, not just for the industry’s sake but for the horses’ sake. They are wonderful animals and their welfare should be paramount. Hon. Members spoke strongly in support of the BHA’s work, but I did not detect complacency. I recognised that they felt that racehorse welfare needed to continue to be a real priority.

We were able to see during the debate what it is like to go to York racecourse on race day. We had a behind-the-scenes view of what goes on from a contribution by the hon. Member for York Central that was characteristically thoughtful and, as always, as I have noticed in these debates, well researched. She raised a number of issues and, with the permission of hon. Members present, I will go through as many as I can. She raised the important issue of starting gates, which was also raised on the petitioners’ behalf by the hon. Member for Hartlepool. It is clear that the BHA needs to look very carefully at the tragic incidents that have been raised, such as the one involving Commanding Officer. More needs to be done to tackle this issue. Again, I will raise it with the BHA when I meet it in the near future.

The use of whips has been much discussed—by the hon. Members for York Central, for East Kilbride and for Plymouth, Sutton and Devonport and by my hon. Friend the Member for Shipley. I have to tread pretty carefully on this subject: I am a Government Whip and I have also been the Whip for my hon. Friend the Member for Shipley—I do not think any more needs to be said there. [Interruption.] I have sometimes found that a carrot can be more effective than a stick, but we will not go too far down that track.

None the less, important issues have been raised about use of the whip. In this country, strict rules are in place. Stewards are empowered to hold inquiries and to ban jockeys. The BHA rightly keeps those rules under review, and of course lessons should be learned from places such as Norway. It was interesting to read the report produced by the RSPCA for this debate. It has obviously been monitoring use of the whip and working closely with the BHA on this issue. According to its records and review, between 2012 and 2015 there was a 40% reduction in use of the whip. The RSPCA welcomes that, as I think we all do, but we would probably all say, “Let’s go further down that track.”

On the subject of retired racehorses, it sounds as though New Beginnings, in the constituency of the hon. Member for York Central, is doing great work and it is to be commended. We need to learn from the positive work that is going on to retrain racehorses, which was also highlighted by the hon. Member for St Helens North. Indeed, £750,000 is being made available to see what can be done to facilitate the rehoming and retraining of racehorses. I am really encouraged to see that there are successful second careers for racehorses.

The hon. Member for York Central talked about a number of EU-exit-related issues, including that of skilled staff. The Migration Advisory Committee has been asked to review the shortage occupation list, and I am sure that the racing industry will want to make its contributions to that important review. She highlighted equine movement; that is one of several issues that need to be considered as we look at leaving the EU. The continued movement of equines between the UK and the EU, with the minimum of delay, is very important to the industry on both sides. It is therefore in both sides’ interest to ensure that that is maintained. Technical notices were put out on 12 October about what arrangements will be put in place in a no deal scenario, but obviously what we are working towards—we have heard more about it today—is securing a deal. The negotiation, as we are all too aware, is ongoing.

The hon. Member for Derby North (Chris Williamson) took a different track with his view of the BHA’s track record. None the less, it stimulated a lively debate. Even he did not want a ban on horse-racing. I think that what we are all saying here, although from different positions, is that we want to see the welfare of racehorses put centre stage. I will take on board the points that he made.

The hon. Member for East Kilbride and several other communities—I can never remember them in order, so I will stick with just East Kilbride—made, characteristically, such a reasonable contribution that it is hard to disagree with many of the things that she said. Further improvements are required. She felt that there was a conflict of interest with regard to the BHA’s role. I do not particularly share that view, but I will go into that in more detail. She did set out some issues to tackle, notwithstanding the figures that we have talked about for the Grand National, and she talked about what can be done to address issues in relation to the whip.

The hon. Member for Plymouth, Sutton and Devonport, who also made an important contribution, highlighted the Animal Welfare Act 2006, which came into place under a previous Government, under his party’s leadership. That is a very important Act. I, too, welcome the fact that the present Government are looking to increase the sentences. We are looking to bring that into place as soon as possible when parliamentary time permits. We are seeking the Bill necessary to make it possible, and I know that he would welcome that moving forward as quickly as possible. He also highlighted the fact that this subject is very much about an ongoing journey. I share his ambition; in fact, I want to go further. As the Minister for this area now, I need to press hard on these issues.

I will now wind up and give a few concluding remarks. I would like to stress again that we must do all that we can to reduce the fatalities of horses while racing on a track. I am grateful for all the contributions in this debate, which show the keen interest that is genuinely felt in the welfare of racehorses.

The Government welcome all the work the BHA has done, and continues to do, for the safety of horses and riders and as a functioning and transparent body, which has the key responsibility in this area. With the work the BHA has done to further reduce the number of fatalities at racetracks, the Government do not see a need to take a different approach by creating a new body, as was set out in the initial response to the e-petition. That does not mean that the BHA should not continue to be held to account. It should continue to have to explain what it does in an open and transparent way, as has been set out clearly in this debate.

I am looking forward to meeting the BHA in the near future. The welfare of racehorses will be at the top of the agenda and will continue to be at subsequent meetings. I am particularly interested to discuss with the BHA its review, which is due to be published soon, of the tragic deaths of six racehorses at Cheltenham. I think that will be an important vehicle to understand its commitment and ambition, which—as has been set out clearly in the debate—other hon. Members share. It provides an opportunity to look at what more can be done at the Grand National. Let us use that report as a moment for reflection. I hope that the BHA is listening to this debate.

[Mike Hill]

My understanding from the research I have done is that the count at Cheltenham was six horses on the racecourse and one off of the racecourse and that the seventh horse has now been included in the overall count.

[David Rutley]

I thank the hon. Gentleman for that clarification. I will seek clarification myself, based on what he said. Whether six or seven, it is a tragic number of horses to have died in one event. That review is important and timely, particularly for me as a new Minister. I look forward to that meeting, which will be testing and challenging, quite rightly, because of what has been set out in this debate.

I will also continue to monitor the reports of future fatalities and review associated action plans, to ensure that further progress is made in the months and years ahead. As previously stated, I am pleased that the BHA has an open and fruitful relationship with the key welfare bodies in this area—the RSPCA and World Horse Welfare—and that it takes advice on animal welfare from those organisations. I am sure that that will continue; it should be encouraged.

While the Government may not agree with those who signed the e-petition on the need for a new body, I hope that we can all agree that more can and should be done to work collaboratively, to keep the spotlight on reducing fatalities and improving the welfare of racehorses. I look forward to playing my part in this important work.

Food Labelling and Allergy-Related Deaths

David Rutley Excerpts

Tuesday 9th October 2018 Commons Chamber

[Melanie Onn (Great Grimsby) (Lab) (Urgent Question)]

To ask the Secretary of State for Environment, Food and Rural Affairs what action he is taking to improve the quality of UK food labelling to prevent further allergy-related deaths.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

rose—

[Mr Speaker]

Order. Before I call the Minister to respond, I should make it clear that I have waived the sub judice resolution to allow reference to the inquest into the death of Mrs Celia Marsh. However, I ask right hon. and hon. Members to exercise caution in referring to that case—if they are minded to do so at all—in order to avoid any possible prejudice to those proceedings.

[David Rutley]

First, I want to say how deeply upsetting the deaths of Celia Marsh and Natasha Ednan-Laperouse are and that my heart goes out to the families, friends and loved ones affected by those tragedies. This House will appreciate that investigations into Celia Marsh’s death are ongoing and it would be inappropriate for Ministers to make further comment on this particular incident at this stage. However, Members should be in no doubt about how seriously we take these issues. It is essential that all UK consumers have complete trust in the food they are eating.

Current food labelling law is set out in the EU’s food information to consumers legislation. This legislation includes a list of 14 allergens, including milk and sesame, which are legally considered to be mandatory information that must be available to consumers. The regulations currently allow for some flexibility at a national level as to how this information is provided on food that is not pre-packed and food which is “pre-packed for direct sale”. The former includes products such as loose cookies or sandwiches which are prepared and wrapped directly for the consumer. The latter category—“pre-packed for direct sale”—includes products such as freshly prepared sandwiches made on site, as compared with packaged food such as a chocolate bar or ready meal that we might find in a supermarket.

I must make it absolutely clear that, under the current regulations, information must be made available to the consumer in all cases. However, whereas packaged food must include all allergens in bold in the ingredients list, information about non pre-packed food, such as pre-packed food for direct sale, can be made available by any means the operator chooses, including the use of clear signs indicating that the customer should speak to a member of staff who will provide the information orally.

As the Secretary of State announced at the start of this year, we have been looking at developing new approaches to food labelling to ensure that consumers have the information they need. The death of Natasha has shone a harsh spotlight on the issue of allergen labelling in particular and whether the current framework is still suitable. Natasha’s parents have made a powerful case for change, and I am sure the whole House will join me in paying tribute to the tremendous grace and strength they have shown in these particularly challenging circumstances.

The Secretary of State has asked the Department for urgent advice on how we can strengthen the current allergen labelling framework. That review is under way, and DEFRA is working closely with the Food Standards Agency and the Department for Health and Social Care. This morning we received the coroner’s report into Natasha’s death and we will study it very carefully as part of that review. Tomorrow, DEFRA will be holding talks with the devolved Administrations to see what approach they may wish to take, as this is a devolved matter.

We take this issue very seriously. I assure Members that we are working at pace to review the current rules and will set out our proposed way forward as soon as possible.

[Melanie Onn]

I am grateful to you, Mr Speaker, for allowing this urgent question. The Minister is absolutely right: it is the tragic cases of 15-year-old Natasha Ednan-Laperouse and Celia Marsh that have thrown into sharp focus the common practices used by high-street convenience food providers to avoid doing all in their power to ensure their customers are safe. The Minister says the Government are taking this very seriously, but if that were the case surely the Secretary of State would be here to respond to the urgent question.

For years, this situation has been defended by the Government, who have said that tighter definition around, for example, regulation 5 of the food information regulations would be damaging to small business. But when did the Minister last review food label standards, and, given that regulations are supposed to be the bare minimum expected of companies, what have the Government done to make clear their expectations of food providers? The Minister referred to the expectation that, where there is signage, staff would be asked by customers whether there were any products with allergens, but how does he know whether those staff have been properly trained? Does he still think that signposting is sufficient as notice of potential allergy risks?

Have the Minister or the Secretary of State ever told larger companies that the expectations of Government are higher for them, given their vast customer base and extensive resources? Pret now says that it will include full ingredient labelling on all products—so they can do this when they want to. Must it always take a tragedy to effect meaningful change from this Government? Has the Secretary of State ever put this case across when in meetings with representatives of the sector?

Earlier in the year the Secretary of State spoke of “gold standard” food labelling but failed to mention allergies. Do he or his Department regret putting off a review of food labelling until after Brexit? If the Department introduces new legislation as recommended by the coroner in this inquest, will he also be ensuring that the Food Standards Agency is adequately resourced to make preventive checks in advance of another fatal incident occurring? Finally, does the Minister agree that, with food allergies seemingly on the rise, improved labelling, regulations around labelling and broader education about food allergies need to be put to the top of his “to do” list?

--- Later in debate ---

[David Rutley]

I thank the hon. Lady for her points, which she has raised with great sincerity and conviction, as always. I am sure that food is an important priority for the businesses in her constituency; it certainly is for many of us as well. She made an important point about discussions with small businesses. The Food Standards Agency, with whom I have been speaking this afternoon, is responsible for policy, and our local authorities work hard to take forward enforcement. In those conversations, it is clear that we are taking forward campaigns to improve awareness among consumers and businesses.

The hon. Lady also made important points about the steps that Pret a Manger is taking. It has set out what it is going to be doing initially, and it will—like the rest of us, particularly officials in the Department for Environment, Food and Rural Affairs—be studying the coroner’s report carefully, as it sets out some challenging conclusions. Pret will want to consider how it will approach its business in the light of those conclusions. I hope that I have set out clearly that it is a priority that we take action here, and as I have said, this is something the Secretary of State talked about in January, saying that we wanted to move this forward. Clearly, because of these tragic cases, that work needs to be accelerated with real pace.

[Mr Marcus Jones (Nuneaton) (Con)]

These are tragic cases, and it is clear that the law needs to be updated. Will my hon. Friend tell us how quickly he expects the law to be changed in this regard? Will he also say more about what the Government are doing to provide guidance to retailers, to ensure that this type of tragedy does not happen again?

[David Rutley]

I thank my hon. Friend for his questions. As I have said, we are taking this review forward at pace, and it is now being accelerated so that we can take forward a review of food standards and food labelling at real pace.

The other thing that we have been doing—clearly, in the light of these cases, we need to do more—is to make consumers and businesses aware of the options available, particularly to consumers. It is worth highlighting that we need to find ways of communicating to 16 to 24-year-olds, who are very vulnerable, the ways in which they can find the important information that they need when making food choices.

[Sue Hayman (Workington) (Lab)]

Clearly, the recent news of these two deaths caused by allergic reactions to Pret a Manger products has been absolutely tragic; I would like to echo the Minister’s earlier comments and say that all our thoughts are with the families and friends of Natasha Ednan-Laperouse and Celia Marsh. These cases have demonstrated just how serious food allergies can be and the fatal consequences that can ensue. That is why proper, rigorous food labelling is paramount to our food safety standards. It was welcome that the Prime Minister called last week for a review of food labelling laws; that is something that I agree with and support. The Minister mentioned the review earlier, but when can we expect further information on when it will be completed and what it is likely to contain?

I appreciate that it is early days, following these events, but as we have seen, food labelling is a serious public health matter. To that end, what discussions have DEFRA Ministers and officials had with their colleagues in the Department of Health and Social Care? We welcome the fact that Pret a Manger and other retailers such as Greggs have said that they will review how they label their food. Pret is now saying that it will list all the ingredients, including allergens, in its freshly made products, but we need this to happen right across the board. This is absolutely vital for people with life-threatening food allergies. Full ingredients lists should not just be a “nice to have”. For some people, they really are the difference between life and death. Food producers, suppliers and retailers have a public health duty to ensure that every food item is properly labelled.

Tomorrow, we will be discussing the Government’s Agriculture Bill, which will mean that the Environment Secretary will be in charge of our nation’s food production for the first time in decades. The Bill also provides a unique opportunity to put in place strong laws around food that could include the full labelling of all ingredients, allergens in particular. As we have heard, the Food Standards Agency states that food products containing the 14 main ingredients likely to cause an allergic reaction must be labelled as such and that manufacturers must then make it clear whether products contain those allergens. However, under EU law, as the Minister mentioned earlier, that can be done orally—it does not have to be written down—so customers will have to go out of their way to ask staff if allergens are not listed on a label.

I am pleased that the Minister referred to that anomaly but, as requested by my hon. Friend the Member for Great Grimsby (Melanie Onn), does the Minister believe that it is time to mandate that all allergens must be set out clearly in written format? Will he provide the House with a cast-iron guarantee that there will be no attempt to water down any current food labelling laws after Brexit? For example, in US law only eight major allergens have to be listed, as opposed to the FSA’s 14, and any trade deal with the US cannot come at the price of watered-down food safety standards. We clearly need urgent action to ensure that British food labelling is as good as it possibly can be to ensure that such tragic cases never happen again.

[David Rutley]

I thank the hon. Lady for her questions. She makes penetrating points, as always. As the father of a daughter with allergy problems, I assure her that I take such things incredibly seriously. I have recently come to this post—we have worked together on issues such as the ivory ban—and she can rest assured that I will be taking this matter up with the utmost seriousness and will tackle it as a matter of urgency.

[Mr Philip Hollobone (Kettering) (Con)]

When will we make it a requirement to label halal and kosher products as such to better inform consumers who may or may not wish to buy such products?

[David Rutley]

I will come back to my hon. Friend with further thoughts when we can meet to discuss that matter further.

[Andy Slaughter (Hammersmith) (Lab)]

Natasha Ednan-Laperouse was my constituent. When I met her father early last year, he relived the hour he spent trying to save her life on the British Airways flight from Heathrow to Nice. No parent should have to go through such an appalling experience. I say gently to the Minister that I think he is the wrong person giving the wrong response today. Pret and the other food outlets have passed the buck to the Government, and the Government should not pass matters of policy to the Food Standards Agency. Will he at least say when the review will report back and whether he will issue unofficial guidelines to food outlets in the meantime about listing ingredients and contamination? Finally, will he co-ordinate with his colleagues in Government on consumer safety? Local authorities are now so denuded of funds that trading standards and other agencies are unable to enforce the law even as it is.

[David Rutley]

I am sitting next to a Health and Social Care Minister, so I can assure the hon. Member for Hammersmith (Andy Slaughter) that we will be working closely and carefully across Government. He makes an important point about the tragic circumstances in which Natasha’s parents found themselves, and this situation is testament to them and the way that they have conducted themselves. The Secretary of State has written to them and is keen to meet them to discuss their concerns and how to move things forward. The report will be swift, but we received the coroner’s report only today and it sets out some challenging conclusions to which we need to respond properly.

[Rachel Maclean (Redditch) (Con)]

I am sure that every one of us who is a parent will have found the account of what Natasha’s parents had to go through harrowing and awful. I am therefore delighted that the Minister is responding as he is. Does he agree that a new law to recognise their daughter would be a fitting tribute to their bravery and dedication?

[David Rutley]

Absolutely. As a parent, one can barely consider what they must have gone through during those hours on the flight and afterwards.

[Helen Goodman (Bishop Auckland) (Lab)]

Speaking as one who always has to carry two epipens, I think that the Government need to take a wider view. Please could the review also include restaurant food, and will the Minister talk to his colleagues in the Department of Health about better training for medics and paramedics and more research into this growing crisis?

[David Rutley]

Yes, it does need to be wide. Yes, we need to involve other areas such as training for paramedics. We need to make sure that there is much better information and training. It is very serious, and I will make sure that that happens.

[James Heappey (Wells) (Con)]

I very much echo the condolences offered from the Dispatch Box, and warmly welcome the review that my hon. Friend the Minister has outlined today. However, in my constituency there are dozens of small food producers, many of whom produce food for direct sale at markets around Somerset and the wider south-west. While my hon. Friend will want to strengthen the regulations for large retailers, may I encourage him to apply some common sense in the way in which we apply them to small producers selling locally?

--- Later in debate ---

[David Rutley]

Common sense, yes, but the priority has to be food safety. UK consumers need to feel safe when they consume food, wherever it may be, and we need to find mechanisms to ensure that, whether food manufacturers and retailers are small or large, they get information across to consumers. It needs to be proportionate, but it needs to be effective as well.

[Mary Creagh (Wakefield) (Lab)]

I am sure that the hearts of the whole House went out to Natasha’s family as they relived at the coroner’s inquest her tragic and avoidable death. Natasha was a careful consumer who was not given the information that she needed from Pret a Manger to keep herself safe. Does her death not show that the current food labelling regulations are not fit for purpose? Will the Minister ensure that no amount of special pleading, loopholes and laxity on the part of the food industry deters him from his, I am sure, definite intent to tighten the labelling regulations, strengthen trading standards enforcement and increase the money that goes from his Department to the public analysts so that food in shops can be tested?

[David Rutley]

As I have said on several occasions in responding to this urgent question, there is no question but that we need to strengthen the regulations. We need to get to grips with the coroner’s report. I echo the hon. Lady’s point that there should be no wriggling off the hook here. It is important that Pret a Manger and other companies look at that report and its implications and work out how they are going to respond.

[Kevin Foster (Torbay) (Con)]

It is 30 years since my father was diagnosed as a coeliac—a condition that I know is shared by at least one person on the Treasury Bench this afternoon. In that time, we have gone from having to walk round a supermarket with a book, hoping that ingredients had not changed since it was published, to being able to rely on the labelling on a product to know whether it is suitable for him.

What further progress does the Minister think that the Government could make in looking at technological solutions that allow consumers to use smart phones and apps to get a full list of ingredients, not just the ones that might be on a label?

[David Rutley]

My hon. Friend makes an important point. We need to look at all means possible to provide the information. It is pivotal that we respond to the needs particularly of 16 to 24-year-olds, who are beginning to make independent choices about their food. Let us find ways of making that information available. Technology will be important, especially for that generation.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Most of those who suffer from food allergies rely on medicines to manage their reactions, but the data sheets for the medicines themselves are often incomplete. A constituent explained to me last week that medicines for handling anaphylactic reactions can often include lactose and soya without having that on the data sheet. So as well as looking to his own departmental responsibilities, will he speak to his colleagues in the Department of Health and Social Care to ensure that when people rely on medicines, they know that they can use them safely?

--- Later in debate ---

[David Rutley]

That is another important point, and I will make sure officials factor it into their review; we need to work closely with colleagues from the Department of Health and Social Care to make sure it is factored into the approach we take forward.

[Robert Halfon (Harlow) (Con)]

As well as more careful food labelling, will my hon. Friend look at fake labelling? I do not know whether he has seen today’s Daily Mail, which suggests that the claims made by Pret a Manger of supplying fresh bread are far from the case and that the bread is actually frozen for a year and comes from France. It is important that consumers are not deceived—they pay a lot of money for these products. Will he therefore look at fake labelling and make sure that it does not happen?

[David Rutley]

We should be proud of the standard of our food in the UK; we are world-renowned for it. My right hon. Friend makes an important point: retailers and manufacturers need to be transparent about the quality of their food. We want it to be of the highest level. We need to be clear as to where the product—in this case, bread—is sourced from and how it is then prepared for consumption. All these things need to be much more transparent for the consumer—he is absolutely right.

[Maria Eagle (Garston and Halewood) (Lab)]

Pret is not a small corner shop, but a large industrial producer of food. It baked into that baguette a known allergen and then proceeded to sell it without labelling it, using a loophole meant for small corner shops. The Minister should be outraged about that. I welcome the fact he has said he will strengthen the law, but what is he going to do to strengthen enforcement and the capacity of trading standards and the FSA to enforce the rules? Enforcement is as important as getting the rules right.

[David Rutley]

Yes, we need to get the rules right, we need to enforce and we need to ensure that business steps up to the plate. The hon. Lady is absolutely right to say that Pret is not a corner shop, but a major player in the food sector. I hope Members of this House will read the coroner’s report, because it is incredibly challenging and Pret needs to step up to the plate and see what the reports are—[Interruption.] She asks from a sedentary position what the Department is doing. As I have said, we are going to be strengthening the allergen labelling framework. That review is under way, but I hope she will understand when I say that we do need to take into account what the coroner’s report has said and we received it only this morning.

[Tom Pursglove (Corby) (Con)]

I absolutely share the sentiments that have been expressed this afternoon, but in advance of being able to change the law is there any scope for an industry-led approach, working with Government, to see things improve sooner?

[David Rutley]

It is important that we take forward this review to ensure that this is done robustly, but it is crucial that businesses step forward and address any concerns that consumers have. It is good business practice and businesses should be doing it.

[Ms Angela Eagle (Wallasey) (Lab)]

Surely the Government should step out of their complacent attitude to regulation and strengthen enforcement, too. Instead of seeing regulation as something to be avoided and red tape as a dirty word, surely it is about time the Minister and his Department stepped up to the plate and did the things that need to be done to protect the consumer.

[David Rutley]

And we are; I have said on numerous occasions that we will be strengthening the allergen labelling framework. We are committed to doing that—

[Ms Angela Eagle]

When?

[David Rutley]

As soon as possible, because we do not want to see any more of these cases that we have so tragically heard about in recent days; we need to take the steps to do that in an organised way.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The investigation into Natasha’s death showed that she died a tragic and avoidable death, one that could have been prevented by better food labelling. I welcome the fact that the Minister is looking at this issue with great speed. Can he give any indication about the timeframe, because others remain at risk during this period?

[David Rutley]

I cannot given any further indication, other than that we will be working at pace and taking the report forward as soon as possible. As Members have said—and I feel the same way—we want to make sure that all consumers are safe. I re-emphasise, though, that the coroner’s report has only just been received and we need to take it into account in the final conclusions.

[Nick Smith (Blaenau Gwent) (Lab)]

Food labelling concerns put pressure on the NHS as people check for allergies. Knowing about an allergy can be a matter of life or death. What are the Government doing to approve and promote fast and reliable tests to diagnose allergies and help to save lives?

[David Rutley]

We need to work closely with the hospitals, and I will work closely on this with my colleagues in the Department. Interesting feedback mechanisms are being piloted in the north-east, where hospitals are providing feedback to local authorities on allergies and how best to respond to them. That sort of best practice needs to be taken forward.

[Nick Thomas-Symonds (Torfaen) (Lab)]

For how long does the Minister think that large conglomerates have been taking advantage of this loophole, in the form of looser regulation of food prepared on the premises, which is meant to protect small businesses? What message will he send out to those conglomerates to stop taking advantage of it prior to the publication of his review?

[David Rutley]

When the initial regulations were established, stakeholders were involved in framing them, and those stakeholders included organisations involved with allergy work. There are some situations, especially those involving younger people who may not be familiar with packaging, in which people can have a conversation with an individual across the counter so that they can understand what allergens might be in a particular product. I have had those conversations myself. That is a mechanism and we need to make sure that it is properly enforced. As I have said a couple of times at the Dispatch Box, it is really important that businesses look into how they can increase consumer confidence in their work. We will take forward at pace the review of the regulations, in order to play our part, too.

[Wera Hobhouse (Bath) (LD)]

I add my condolences to those expressed for the family and friends of the two victims.

In January, on being notified by the coroner that Celia Marsh had died at the Royal United Hospital in Bath, Bath and North East Somerset Council notified Pret A Manger, but it appears that the council did not notify the FSA, which was notified by Pret A Manger six weeks later—a long delay. What public responsibility does Bath and North East Somerset Council trading standards have to regulate and enforce food safety in our city?

[David Rutley]

I am not able to give a complete update on the situation in respect of Celia Marsh’s death because the investigations are still ongoing. On the hon. Lady’s point about enforcement in her local area, I will gladly meet her and we can decide how to take the matter forward.

Finance (No. 2) Bill (Third sitting)

David Rutley Excerpts

Thursday 11th January 2018 Public Bill Committees

[The Chair]

Does the Government Chief Whip wish to make a remark?

[The Lord Commissioner of Her Majesty's Treasury (David Rutley)]

Chief Whip? [Laughter.]

Ordered, That further consideration be now adjourned. —(David Rutley.)