Oral Answers to Questions
Debate between Naomi Long and James Paice(12 years, 2 months ago)
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Naomi Long (Belfast East) (Alliance)
4. What assessment she has made of the Austrian constitutional court’s decision to dismiss the legal challenge against a ban on wild animals in circuses; and if she will bring forward proposals to implement such a ban in the UK.
The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)
A written ministerial statement published this morning sets out the Government’s policy on the use of wild animals in travelling circuses in England. The statement includes our assessment of the Austrian constitutional court’s recent judgment on the legal challenge against the Austrian ban on wild animals in circuses. As a result, we are developing legislation to provide for a ban.
Naomi Long
I thank the Minister for his response and am aware of the ministerial statement. When does he anticipate that the legislation will come to the House? In the interim, are the Government willing to review the licensing regime to prevent the import of any new wild animals for circuses?
Mr Paice
I cannot be precise on the timing of the legislation, partly for the reasons that my hon. Friend the Under-Secretary gave in answer to the previous question. It will take time, which is why we believe we must proceed with the licensing process. We are advised strongly that the hon. Lady’s proposal on new animals would almost certainly fail a judicial challenge, but importing animals is anyway covered by the convention on international trade in endangered species regulations.
Live Animal Exports (Port of Ramsgate)
Debate between Naomi Long and James Paice(12 years, 6 months ago)
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The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)
Let me start by thanking and congratulating my hon. Friend the Member for South Thanet (Laura Sandys) on seeking this debate to raise an issue that is of great concern not only to her constituents and residents in the wider area of Thanet but to me and to my Department, and to many hon. Members on both sides of the House, some of whom I am pleased to see have stayed for the debate.
I emphasise that, as stated in the coalition agreement, this Government are committed to the highest standards of animal welfare, including their transport—how it is done and where it is done. Clearly, the Government would prefer animals to be slaughtered as near as possible to their point of production; and as far as breeding stock is concerned, we would like the trade to be only in meat or in germ plasm, because that is preferable to one based on live animals. That also has advantages in terms of animal welfare because it helps with our own domestic slaughter and in developing our own enterprise, business and industry. Moreover, as my hon. Friend rightly said, we now have all the butchery expertise to cater for whatever particular specifications overseas customers demand.
As my hon. Friend said, the previous Government recognised that such a trade in live animals is lawful provided that the safeguards laid down in the European Union and in our own national welfare-in-transport legislation are observed. Whatever we may think about this, the Government have to comply with our international obligations.
Naomi Long
Would the Minister advocate the tightening of the international rules to allow for cross-border trade in the case of operators who neighbour a border—for example, between the Republic of Ireland and Northern Ireland—with another slaughterhouse on the other side in order to avoid long, arduous journeys such as those described by the hon. Member for South Thanet (Laura Sandys)?
Mr Paice
I am grateful to the hon. Lady, and I will come to some of those points. Yes, there is a distinction between cases where there happens to be a border, but it is a few miles to an abattoir, and the sort of journey to which my hon. Friend has referred.
The safeguards that I mentioned include the need for all commercial transporters of animals to be authorised and for drivers to pass a competency test. Indeed, I passed one myself. For long journeys, vehicles must be inspected and approved by qualified engineers working for authorised private vehicle inspection bodies. Also, for long journeys, transporters must apply for a journey log for each journey that provides the details of the proposed route, and these applications are checked by the Animal Health and Veterinary Agency before they are approved. More importantly, the journey logs have to be updated by the transporter as the journey progresses and returned once the journey is completed, and we then check whether the actual journey was in line with the original application. If there were any variations, they need to be investigated to see whether they were consistent with the legislation.
There are many other safeguards in the transport legislation, such as the fitness-to-travel rules in terms of the animal itself and technical requirements on space allowances, ventilation, water, and so on. I want to emphasise that the commercial transport of animals on journeys of more than eight hours is highly regulated. On top of all the checks before and after a long journey, inspectors undertake risk-based checks on consignments, either when the animals are loaded at the point of departure or on arrival at the port of Ramsgate. They have powers on discovery of any infringement by individual transporters—that has happened a number of times—and that can lead to suspension or revocation of the transporter’s authorisation to transport animals or the withdrawal of their vehicle approval certificate. I emphasise and, in effect, give a warning that all those engaged in this trade must ensure that they are fully in compliance with all the regulations, because we will continue to be as tough as possible on this trade. It has been the subject of a number of legal challenges over the years by local authorities and port authorities.
The trade in live animals to the continent for slaughter has fluctuated markedly, as my hon. Friend said. There have been periods, such as during the outbreaks of BSE, foot and mouth and, more recently, tuberculosis, when the trade has been halted or interrupted. As she rightly said, the scale has dramatically reduced, so its impact on the economics of the UK livestock sector is now minimal, if anything at all. The present trade is tiny at just a few tens of thousands of animals and certainly fewer than 50,000 so far this year.
The concept of free trade is enshrined in national legislation in the Harbours, Docks and Piers Clauses Act 1847, and more recently in article 34 of the treaty of Rome. The latter states:
“Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.”
Some welfare lobbyists have suggested that changing the 1847 Act is the way forward. However, such a move would clearly be illegal as it would be contrary to article 34 of the treaty.
On the subject of EU treaties, I would like to lay to rest the idea that member states might deal with this issue through article 13 of the Lisbon treaty, which states:
“Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals”
Some suggest that that is a new requirement and that, therefore, long journeys can no longer be considered legal. That is not the case. The corresponding text of article 13 was previously set out in the binding protocol to the treaty of Amsterdam, which was agreed in 1997. It was therefore already a requirement to treat animals as sentient beings when the European Council agreed the terms of Council Regulation 1/2005. I am afraid that that is not a legal option open to us.
My hon. Friend raised a number of specific points. She rightly referred to the recent changes at European level to make labelling fresh meat with the country of origin mandatory. We are awaiting the detail of that, but I sincerely hope that it will have the effect that she and I want it to have. We have always supported the need for country-of-origin labelling to ensure that British consumers are properly informed. However, that same legislation must not deceive consumers overseas into believing that sheep—it is mainly sheep—born and reared in the UK are native to France, Spain or wherever they are bought.
My hon. Friend referred to the licensing of the ship and the lorries. She referred obliquely to a Mr Onderwater. There is no doubt that he is closely involved in this trade and she is right that he has been prosecuted for cruelty. I cannot comment on the authenticity of her comment about where his office is, but he is not the authorised holder of the shipping licence, which was issued in Latvia. We have asked the Latvian authorities for details of it and they say that his name is not on the licence.
My hon. Friend referred to what happened on Friday. I was not aware of the eight lorries that she referred to. However, there is no legal specification about the number of lorries allowed on the ship. The specification is about the number of people who travel. We believe that that is why some of the lorry drivers decamped and travelled via Dover. I am aware of the six-hour delay in loading to which she referred, which is clearly unacceptable. Whether it was illegal is questionable, because it could count as part of the rest period. The Animal Health and Veterinary Laboratories Agency issued a notice to sail to stop any further delay. I admit that I did not know until today that such a power existed. The AHVLA is considering the best course of regulatory action. We are seriously inclined to introduce a maximum period of two hours to load and sail, to prevent that from happening again.
Wild Animals (Circuses)
Debate between Naomi Long and James Paice(12 years, 11 months ago)
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Naomi Long
The Minister indicated that there have been no discussions. I am aware that the previous Minister with responsibility for agriculture and rural development in the Northern Ireland Assembly contacted DEFRA about this issue, because I raised it with her. Her officials had been advised that consideration of the issue was ongoing. It is being followed closely in Northern Ireland and in Scotland.
Mr Paice
I am happy to correct my statement if I am wrong. As I said, this is an England-only matter. [Interruption.] I have just been informed that, incorrectly, I said that there had been no contact. We have kept them informed of what we are doing, but in terms of discussions about structure and so on, the answer is no.