§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs if she will review the impact of the welfare of laying hens directive 1999/74/EC on the British egg industry five years after its implementation. [41229]
§ Mr. Morley[holding answer 11 March 2002]: The directive makes provision for a review in 2005.
§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs whether she intends to incorporate directive 1999/74/EC (welfare of laying hens) into domestic legislation. [41225]
§ Mr. Morley[holding answer 11 March 2002]: Directive 99/74/EC will be incorporated in England by amending the Welfare of Farmed Animals (England) Regulations 2000. Separate regulations will be made to implement this directive in Scotland, Wales and Northern Ireland.
§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs if all the systems detailed in the welfare of laying hens directive 1999/74/EC will be available to UK producers. [41224]
§ Mr. Morley[holding answer 11 March 2002]: Yes: English implementing legislation will include all the systems detailed in the welfare of laying hens directive 99/74/EC. Wales, Scotland and Northern Ireland will follow suit.
§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs what discussions she has had with her counterparts in each EU member state on the welfare of laying hens directive 1999/74/EC; and what her estimate is of the(a) speed and (b) vigour with which the directive will be implemented in other member states. [41227]
§ Mr. Morley[holding answer 11 March 2002]: Member states are responsible for bringing into force the necessary regulations to comply with this directive and for communicating the main provisions of national law into the EU Commission.
The EU Commission is responsible for monitoring enforcement by member states.
§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs (1) what assessment she has made of the impact on(a) jobs, (b) productivity and (c) profitability of the welfare of laying hens directive 1999/74/EC; [41223]
(2) what assessment she has made of how much the welfare of laying hens directive 1999/74/EC will cost the British egg industry. [41228]
§ Mr. Morley[holding answer 11 March 2002]: A regulatory impact assessment has been produced, following public consultation. It will be published to accompany the statutory instrument to implement the welfare of laying hens directive.
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§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs what mechanisms for appeal will exist against legal enforcement of the welfare of laying hens directive 1999/74/EC. [41226]
§ Mr. Morley[holding answer 11 March 2002]: The regulations implementing the laying hens directive are made under the Agriculture (Miscellaneous Provisions) Act 1968. A person can be convicted of an offence under this legislation; the appeal mechanism is to a higher court.
The regulations could be challenged in the ECJ as not correctly implementing the directive; through judicial review proceedings; or by a challenge on human rights issues.