Brexit and the welfare of animals used in farming - Paula Sparks Chairperson, UK Centre for Animal Law Barrister, Doughty Street Chambers
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Brexit and the welfare of
animals used in farming
Paula Sparks
Chairperson, UK Centre for Animal Law
Barrister, Doughty Street Chambers
Status quo • Most UK legislation on farm animal welfare derived from EU law • EU law shapes and is shaped by the UK • EU directives lay down minimum standards for farm animal husbandry – specific provisions for pigs, calves, broiler chickens and laying hens (in species-specific directives) • EU regulations on welfare during transport and slaughter
Brexit – Article 50 • From triggering of Article 50 States have two years in which to negotiate and conclude an agreement “setting out the arrangements for its withdrawal” • EU Treaties cease to apply to the State after 2 years unless time period extended • UK will be excluded from key EU institutions, technical committees… • UK originated laws will stay, e.g. Animal Welfare Act
Where are we now…? • Negotiations with EU started on 19 June 2017 • UK must conclude negotiations by 29 March 2019 • Bearing in mind ratification procedure, UK really has until end of 2018 • Withdrawal Bill transposes across EU laws which will be scrutinised in due course • Transitional Agreement to be agreed before Brexit date (March 2019)
‘Brexit: getting the best deal for animals’ • Over 40 signatories from animal groups • Sector analysis, including farming • Key welfare recommendations
Animals in agriculture • Animals in agriculture • Section 4 • http://www.alaw.org.uk/wp- content/uploads/Brexit-Getting- the-Best-Deal-for-Animals-Full- Report.pdf
Report identifies key areas for reform
Trade recommendations • EU rules now prevent import prohibitions on products produced to lower animal welfare standards • New trade deals should contain a clause permitting a requirement that imports standards meet UK animal welfare and health standards or are otherwise subject to a tariff. • Domestic and imported goods labelled as to method of production • Ban on import of foie gras • Ban on live exports of animals for slaughter
Recommendations for CAP replacement • New farm support payments that reward better animal welfare and environment standards • Additional payments for achieving higher welfare standards than baseline, e.g. bringing pigs to slaughter without tail docking. • Farm support payments to encourage (for example) move to free farrowing systems for sows and from fast growing broiler chicken genotypes.
Species specific and other recommendations • Extending the definition of ‘animal’ in animal protection law to decapod crustaceans and cephalopods • Dairy cows: phasing out zero grazing • Broiler chickens: increasing maximum permitted stocking density and shifting from fast growing bird genotypes • Lying hens: ban on use of enriched cages
Cont…. • Pigs: replacing farrowing crates with free systems • Detailed species specific regulations for dairy cows, beef cattle, sheep, ducks, turkeys, farmed fish, cephalopods. • Ban on preventative use of antibiotics • Mandatory use of CCTV in slaughterhouses • Slaughter - phasing out high concentrations of carbon dioxide to kill pigs; ban shackling chickens for water bath stunning. Mandatory stunning before slaughter.
Government proposals
Command paper CM 9577
• Pre-cursor to the Agriculture Bill
• ‘This paper consults on a new, post-CAP domestic settlement for
agriculture’
The Rt. Hon Michael Gove MPAspirations • ‘We will incentivise methods of farming that create new habitats for wildlife, increase biodiversity, reduce flood risk, better mitigate climate change and improve air quality by reducing agricultural emissions. We will achieve this by ensuring that public money is spent on public goods…’ (para 6)
Animal welfare as a priority area • ‘While environmental enhancement and protection are of key importance, better animal and plant health, animal welfare, improved public access, rural resilience and productivity are also areas where government could play a role in supporting farmers and land managers in the future…’ (para 14)
Cont…. • …we could pilot schemes that offer targeted payments to farmers who deliver higher welfare outcomes in sectors where animal welfare largely remains at the legislative minimum…’
‘Fulfilling our responsibility to animals’ • LIVE EXPORTS ‘..we also propose to take early steps to control the export of live animals for slaughter as we leave the EU.’ • PUBLIC GOOD PAYMENTS ‘Animal welfare is one of the public goods we could support in the future…Payments could also be made to farmers who trial a new approach or technology which could improve welfare outcomes..’ • LABELLING ‘We are considering whether providing greater clarity of information to consumers could support higher welfare production.’
Live exports
Public pressure for a ban on live exports • Public petition to end live exports of animals for slaughter reached 96,307 signatures • Significant public concern about animal welfare conditions during transport • Proposals for a ban on animals transported for slaughter, rather than breeding • Debated in Parliament on 26 February 2018
Government response • ‘Once we leave the European Union, and in line with our manifesto commitment, we can take early steps to control the export of live farm animals for slaughter. We will be considering the options further in the context of our departure from the EU. • We have made clear in Brussels that we support improvements being made to enforcement across the EU of existing rules on the long distance transport of livestock. We have also supported calls for the European Commission to make improvements to the existing EU Regulation on protecting animal welfare in transport.’
Border checks • Heightened concern about animal welfare during transit post Brexit in the event of ‘no deal’ on Customs arrangements • Border checks have the potential to lead to delays, EU infrastructure ill-equipped to cope? • Risk of animals waiting for hours or days in very poor conditions.
Mandatory CCTV in slaughterhouses
Statutory Instrument laid before Parliament
Key provisions • CCTV must be installed and provide ‘a complete and clear image of killing and related operations in all areas of the slaughterhouse where live animals are present.’ • applies to all approved slaughterhouses • applies from 4 May 2018 • 90 day retention period for footage • unfettered access to CCTV recordings for monitoring, verification and enforcement by those who require it for these purposes
Direct benefits for animal welfare • Consultation response (2017) identified: • ‘One industry body noted that welfare outcome data might be able to be logged by data-capture CCTV recording, e.g. intact tails on pigs and lameness in all species, to enhance supply chain efficiency.’
Indirect benefits for animal welfare • Consultation response:
Sentience and sentencing
Sentience and Article 13
• Article 13, • ‘In formulating and implementing the
treaty on the functioning of the Union’s agriculture, fisheries, transport,
European union (TFEU) internal market, research and
technological development and space
policies, the Union and the Member
States shall, since animals are sentient
beings, pay full regard to the welfare
requirements of animals, while
respecting the legislative or
administrative provisions and customs
of the Member States relating in
particular to religious rites, cultural
traditions and regional heritage.’Significance of Article 13 • Art. 13 recognises that animals deserve special protection by reason of their sentience; • It places a legal obligation upon the EU and Member States to pay full regard to animals’ welfare requirements when formulating and implementing policy. • UK will no longer be bound by At 13 after leaving EU; not transposed by Withdrawal Bill
Draft Bill introduced • Proposed a duty upon Ministers to have regard to animal welfare when formulating and implementing policy • Sentencing proposals to increase maximum sentences for cruelty offences to five years imprisonment.
Select Committee report • Support for increased maximum sentences • Support for concepts around sentience • Recommendation for better definitions of key provisions and clarification around accountability mechanisms.
Enforcement mechanisms post Brexit • Proposed new environmental body for environmental standards • What will be introduced for animal welfare? • Linked to new farm support payments regime – setting and enforcing standards? • NGO’s call for Prospective Animal Welfare Impact Assessments? • Other political mechanisms of accountability?
Where from here? • Difficult to predict……… • Dependent upon the model of relation with the EU • The nature of trade and customs agreements likely to be key • Free Trade Agreements outside the EU – the willingness and ability of UK to negotiate pro animal welfare terms; real risk of a ‘race to the bottom’ regarding animal welfare standards.
Thanks for listening
Paula Sparks
UK Centre for Animal Law
paula.sparks@alaw.org.ukYou can also read
