§ The Duke of Montroseasked Her Majesty's Government:
Further to the response by Lord Whitty on 15th May (HL Deb, col. 410) that under the European Union Regulations the Government had been required to extend their powers in order to be able to examine animals which have "been sent to the slaughterhouse, are fallen stock or are otherwise slaughtered", whether they will amend the powers of the veterinary inspector in all other circumstances by reinstating only those contained in Part II of the Bovine Spongiform Encephalopathy (No 2) Order 1996 (S.I. 1996/3183) which applied only to affected, suspected and exposed animals. [HL4400]
§ Lord WhittyCouncil Regulation (EC) No. 999/2001 requires member states to carry out compulsory TSE monitoring and testing programmes, which apply to specified categories of cattle, sheep and goats. The TSE (England) Regulations 2002 (S.I. 2002/843) set out the detailed arrangements whereby veterinary 144WA inspectors may slaughter animals for the purpose of the enforcement and administration of the Community monitoring requirements.
Elsewhere, slaughter powers within the TSE (England) Regulations 2002 are the same as those in place under the previous domestic regime and remain fully commensurate with our EU obligations. However, such powers were not contained within the Bovine Spongiform Encephalopathy (No 2) Order 1996 alone. That is important to understand.
Further circumstances in which inspectors may need powers to slaughter are described in Parts III (Animal feeding) and IV (Specified Risk Material) of the TSE England Regulations 2002. These powers are in respect of animals exposed to an explicit TSE risk. They go no further than is necessary to meet the relevant EU legal requirements and continue arrangements that were previously in place under the Bovine Spongiform Encephalopathy(No 2) Order 1996.
Powers to slaughter animals in Part V of the TSE (England) Regulations 2002 relate to EU legal requirements for animals suspected of being infected with BSE or scrapie and for those confirmed as being infected. Under previous domestic legislation, equivalent powers were exercised under the Bovine Spongiform Encephalopathy (No 2) Order, the Sheep and Goats Spongiform Encephalopathy Order 1998 and the Animal Health Act 1981.
Powers to slaughter animals in Part VI of the TSE (England) Regulations 2002 are directly related to the enforcement and administration of EU legal requirements for the offspring of animals confirmed as being infected with BSE. Equivalent powers were previously in place under the BSE Offspring Slaughter Regulations 1998.
Thus, the powers afforded to a veterinary inspector must necessarily be wider than those needed to implement the compulsory BSE and scrapie monitoring and testing programmes covered by the new EU requirements and those previously set out in Part II of the Bovine Spongiform Encephalopathy (No 2) Order 1996. However, in no respects do the powers extend beyond the degree necessary to comply with EU legal requirements and consequently to protect human and animal health and ensure the continued reduction and eventual eradication of these diseases.
§ The Earl of Caithnessasked Her Majesty's Government:
Why under Schedule 1 to the TSE (England) Regulations 2002 (S.I. 2002/843) the owner has to pay any reasonable costs of the Secretary of State in Part II, paragraph 3, Part IV, paragraph 4; and Part VI, paragraph 3. [HL4414]
§ Lord WhittySchedule 1, Parts II, IV and VI concern compensation under Regulations 8, 83 and 92 of the TSE (England) Regulations. These regulations make provisions for the administration and enforcement of the directly applicable Community TSE regulation.
145WAPart II paragraph 3, Part IV paragraph 4 and Part VI paragraph 3 relate to circumstances where the owners or occupiers have refused to comply with a direction made under the principal regulation. In order to enforce the regulation it becomes necessary for the Secretary of State to take action to effect compliance. However only reasonable costs and expenses are recoverable.
Part II relates to the EU's specified surveillance programme, which requires certain cattle, sheep and goats to he tested and all parts of any animal found to be infected to be destroyed. Part IV deals with animals showing clinical signs of a TSE infection and Part VI deals with their offspring. Like other member states, we are required to carry out a testing programme and to ensure that all parts of infected animals and relevant offspring are destroyed.
§ The Earl of Caithnessasked Her Majesty's Government:
How the arbitration process in Part II, paragraph 2(b) of Schedule I to the TSE (England) Regulations 2002 (S.I. 2002/843) is supposed to work; and who pays the cost. [HL4416]
§ Lord WhittyAn independent expert will be asked to determine the value of relevant carcasses, parts or blood. The expert will be appointed, if possible, with the agreement of the owner. If no agreement can be reached, the President of the Royal Institution of Chartered Surveyors will be asked to nominate an individual to act as arbitrator. The Department of Environment, Food and Rural Affairs will pay the costs of the arbitrator and will pay compensation to the owner as recommended by the arbitrator.
§ The Earl of Caithnessasked Her Majesty's Government:
What action the owner of an animal slaughtered under Regulation 6 or 7 of the TSE (England) Regulations 2002 (S.I. 2002/843) may take if he objects to the valuer appointed by the Secretary of State. [HL4417]
§ Lord WhittyAny representations made by owners will be carefully considered.
§ The Earl of Caithnessasked Her Majesty's Government:
When they propose to bring forward amendments to the TSE (England) Regulations 2002 (S.I. 2002/843) to allow owners to make representations against a notice of intended slaughter issued by a veterinary surgeon. [HL4419]
§ Lord WhittyProposals will be drawn up for public consultation as soon as Ministers and Defra officials have completed a careful consideration of the options.146WA The intention is to respond sensibly and in a timely way.