I beg to move,
That the Committee has considered the draft Animal Welfare (Livestock Exports) Enforcement Regulations 2024.
It is always a pleasure to serve with you in the Chair, Mr Stringer. The regulations were laid before the House on 12 September and provide the powers necessary to implement and enforce the live exports ban in the Animal Welfare (Livestock Exports) Act 2024. They create a robust enforcement regime that builds on existing requirements for animal welfare in transport, while ensuring that the impact on industry is minimised. The regulations apply across England, Scotland and Wales to ensure a uniform, consistent approach to implementation and enforcement of the ban across Great Britain.
The regulations give powers to the Animal and Plant Health Agency, as the regulator for animal welfare during transport, and to local authorities, which are responsible for enforcement. A key feature is that they strengthen the pre-export controls that the APHA already undertakes for livestock. Transporters of cattle, sheep, pigs and goats to a third country are already required to submit a plan of the journey—the journey log—for approval by the APHA before the journey commences. They will now also be required to provide evidence of the purpose of the export or transit journey. Before approving the journey log, the APHA will need to be satisfied that the consignment will not be exported for slaughter or fattening—I am sure that that will be welcomed across the House. The intention is to minimise circumvention of the ban and any need for enforcement action.
We have worked with the National Beef, Sheep and Pig Associations and with the British Pig Association to set up a process through which they will assess and verify evidence provided by journey organisers. This will be a recognised and straightforward route for journey organisers to supply the APHA with the required evidence. We are doing this because industry is familiar with working with the national associations, particularly on breeding exports, and we believe that that will encourage engagement and compliance with the new requirement.
It is important to be clear that these pre-export controls do not apply to horses. Given the more varied nature of horse movements, the situation is more complex. We are therefore working closely with stakeholders, who know their industry best, to find the most effective solution to prevent horses from being exported for slaughter. We have established a co-design group and expect to present specific measures on horses for consideration by the House next year.
In addition to pre-export controls, the regulations give the APHA and local authorities regulatory and enforcement powers, which may be used in relation to livestock and horses should investigative or enforcement action prove necessary. The APHA will be able to suspend or revoke a transporter authorisation where evidence exists of non-compliance with the live exports ban. There will be an appeal route, first through reconsideration by the APHA and then, if that is unsuccessful, to the first-tier tribunal.
The regulations create a power to prevent the movement of animals by issuing a hold notice where inspectors suspect that the animals may be exported for slaughter. Local authorities are given a power of entry and inspection in relation to premises, including vehicles, vessels and dwellings, in cases where inspectors believe that an offence is being, has been or is about to be committed or where there is believed to be evidence of an offence on the premises. That includes a power of entry to private dwellings, subject to the obtaining of a warrant.
Exporters of livestock and horses must retain export records for three years and provide them to an inspector upon request. Failing to keep such records will be an offence, as will failing to comply with a hold notice or obstructing an inspector. The penalty will be an unlimited fine in England and Wales or a fine limited to level 5 on the standard scale in Scotland.
In conclusion, we are taking a risk-based approach to regulating trade in order to minimise the burden on industry while preventing circumvention of the live exports ban. The regulations are vital to enforce that important animal welfare measure.