§ Baroness Byfordasked Her Majesty's Government:
Whether at the time of the foot and mouth outbreak in 2001 their officials had the powers of entry necessary to carry out a compulsory programme of vaccination against foot and mouth disease; and, if not, when this was first disclosed to Parliament. [HL4997]
§ The Parliamentary Under-Secretary of State, Department for Enviroment, Food and Rural Affairs (Lord Whitty)Officials had the necessary powers of entry to carry out a compulsory vaccination programme during the 2001 outbreak under Section 16 of the Animal Health Act 1981. This section gives powers to vaccinate and enter a premises for the purpose of vaccination with respect of animals which (a) have been in contact with a diseased animal (b) appear to Ministers to be or to have been in any way exposed to the infection of disease or (c) are in an infected area. For this purpose the whole of Great Britain was considered an infected area as it had been declared a controlled area.
179WAThe Government have sought to enhance these powers of entry to premises through provisions in the Animal Health Bill. Currently, if a farmer refused to allow his animals to be vaccinated he could be subject to a court injunction which would potentially delay vaccination to the point of rendering the vaccination programme ineffective. The new powers in the Bill would enable inspectors to seek a magistrate's warrant granting entry to premises for vaccination purposes. This more rapid procedure would be subject to certain conditions provided in the Bill being met.