§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs if she plans to propose amendments to the Animal Health Act 1981 to give the Government powers to seize and destroy any animal; what right of appeal will be proposed; and what assessment she has made of compatibility with the Human Rights Act 1998. [13846]
§ Mr. MorleyThe Animal Health Bill currently before Parliament does not give Ministers power to seize and destroy any animal. It provides for the Minister to cause animals to be slaughtered with a view to preventing the spread of foot and mouth disease (FMD). The term "animal" is defined in the 1981 Act and the Foot and Mouth Disease Order and the definition of animals for these purposes is restricted to FMD-susceptible animals.
In addition, the Bill contains provisions to extend such powers to other diseases, by Affirmative Resolution Order.
The two avenues of appeal against slaughter that are currently available remain unaffected. These are the ability to ask the local Divisional Veterinary Manager to review the case and to seek judicial review.
Under the scrapie provisions, the Bill provides for Ministers to issue restriction notices requiring that genetically susceptible sheep should be either castrated 597W (or sterilised) or slaughtered by their keepers/owners, and for Ministers to enforce these provision in the event of non-compliance. Appeals against a restriction notice could be made to an independent assessor.
In my view these provisions, and all others in the Bill, are compatible with the convention rights for the purpose of the Human Rights Act 1998.