George Eustice MP

Parliamentary Under Secretary of State (Farming, Food and Marine Environment)

Department for Environment, Food and Rural Affairs

Nobel House

17 Smith Square

London SW1P 3JR

Ref: ML.N0034.AR.26.02.14

Date: 26^th February 2014

Dear George,

I am writing on behalf of a large number of constituents who have contacted me to express concern at the Government’s lack of action in curbing the practise of exporting live animals from the UK.  Recent statistics have revealed that in 2012 over 47,000 young calves and sheep were exported from the UK live on long gruelling journeys to fattening farms and slaughterhouses abroad.  These journeys cause huge amounts of suffering and are totally unnecessary. I very much share my constituents’ views.

I have long argued that changes should be made to the Harbours, Docks and Piers Clause Act (1847) to permit individual ports in the UK to refuse the export trade in live farm animals.  It is my belief that animals should be reared as close as possible to the premises on which they are born, and slaughtered as close as possible to the farm of rearing.  In order to give practical reality to this principle, a maximum EU-wide overall limit of eight hours should be placed on journeys to slaughter or for further fattening.

I am aware that you have previously stated that it is the Government’s view that amending the Act would be illegal under EU free trade rules.  It is true that this is a complex area of law, but the Government would have a reasonable argument if it made amendments to the 1847 Act and was challenged under EU law.

Examples of earlier court cases are often cited by DEFRA in defence of inaction, yet arguably these are of limited relevance.  For example, R v Dover Harbour Board (ex parte Gilder) and R v Associated British Ports ex parte Plymouth City Council only relate to UK law; whilst C - 1/96 R v MAFF ex parte CIWF predates the enactment of Article 13 of the Treaty on the Functioning of the European Union (Lisbon Treaty), and which requires the EU and the Member States, in formulating and implementing EU policy on agriculture, transport and the internal market, to “pay full regard to the welfare requirements of animals”.

I’d like to take this opportunity to once again urge the Government to show leadership when it comes to animal protection and amend the 1847 Harbours, Docks and Piers Clause Act. 

I look forward to hearing from you.

Yours sincerely,

Caroline Lucas, MP, Brighton Pavilion