My Lords, I am most grateful again for this very constructive debate. Some of the issues have gone beyond the instrument itself, but I am delighted to answer as many of them as I can. If there are points of detail to follow up, I will ensure that we do so.
In reply to the noble Baroness, Lady Parminter, and the noble Lord, Lord Trees—in fact all of your Lordships, because this is something that we all care desperately about—this SI absolutely is about the continuation of the existing high standards of biosecurity and equine health. There is no change to anything at all in these technical and operability amendments. I say again to my noble friend Lady Byford and the noble Baroness, Lady Parminter, that there are absolutely no changes in the standards required for horses entering the food chain. Articles 34 and 37 of EU regulation 15/262 cover the action that must be taken when an equine dies or is slaughtered to ensure that the animal’s ID and medication record reflect any medical products administered to the animal and its status regarding the food chain.
In reply to the noble Lord, Lord Trees, and the noble Baroness, Lady Parminter, the Food Standards Agency enforces checks carried out at slaughterhouses and will take appropriate enforcement should that be required. The combination of the legislation, passports, microchips, the UK’s central equine database and checks by the FSA help to ensure that, with that architecture, the safety of the human food chain is secure.
To confirm, because it is terribly important, particularly to my noble friend Lady Byford, these regulations will not affect government policy on the slaughter of equines for food. The existing equine identification rules do not prevent the slaughter of an equine for human consumption, provided the equine is properly identified in accordance with the legislation and has not been signed out of the food chain.
On the issue of passports, which the noble Baroness, Lady Parminter, and the noble Lord, Lord Grantchester, referred to in one sense, the current rules around applications for and the issuing of an equine passport are set out in our domestic regulations—for example, at Regulation 6 of the Equine Identification (England) Regulations 2018. For article 12, referred to by the noble Lord, Lord Grantchester, concerning a derogation allowing for a shortening of the deadline for issuing a passport, domestic secondary legislation already sets out the appropriate and necessary deadlines. Therefore, the article is omitted from the retained primary because it is covered in domestic law. The relevant provision in England can be found in Regulation 6 of the Equine Identification (England) Regulations.
On the point raised by the noble Lord, Lord Grantchester, semi-wild ponies are in so many ways an iconic and cultural part of many of our wonderful landscapes. Article 13, which was omitted from the retained legislation, contains the derogation available on semi-wild ponies. The domestic regulations, which
came into force for England on 1 October 2018 and in Wales on 12 February 2019, make use of the derogation for semi-wild ponies. Therefore, the allowance rules pertaining to semi-wild ponies are not changing. For example, this is a provision in Regulations 17 to 23 in Part 3 of the Equine Identification (England) Regulations. An equivalent provision is made in the Welsh regulations.
I am well aware of the long-standing nature of the tripartite agreement, which was raised by my noble friend Lady McIntosh. The Government recognise the importance of the tripartite agreement and we have published the implications of a no-deal Brexit on equine movement in the technical notice Taking Horses Abroad if there’s No Brexit Deal. This made clear that we would no longer have access to the tripartite agreement if the UK leaves without an agreement. Of course, we are seeking and want a deal, and I am well aware of all the equine interests. There has been a very strong working relationship with the equine sector for a long period of time. We fully realise that we want to ensure the free movement of equines as part of the tripartite agreement. If we did not have that access all EU member states would be subject to the same rules on equine movements—we are planning for this scenario, although we do not want these circumstances to arise. I think everyone in the equine world—many in Ireland, although not so many in France—is working as hard as they can to get these matters resolved.
My noble friend Lady Byford mentioned retrospective chipping. This is in our domestic regulations. The 2020 deadline for microchipping is to give time to owners of horses that were not previously required to be microchipped to adjust to the new requirement, but these microchipping requirements are so important for identification if horses are stolen or get loose, or if there are strays. There are all sorts of reasons why it was absolutely right that we extended microchipping to all horses and to give that ability for older horses that were not part of the original regime. I suggest that anyone who has not had their horse microchipped and, inevitably, has a routine visit from the vet, gets it done at the same time.
A number of other points were made. As I said in my opening remarks—the noble Lord, Lord Grantchester, referred to it—we have been in close communication with the Commission about a listing, not only on this matter but more widely. Clearly, the stud book issue is alongside that. Although obviously I cannot guarantee it, we are very positive about the response and understanding in the reference to “swiftly” because member states are of course keen to continue with the movement of equines, particularly between the Republic of Ireland and the UK, where there is a strong equine connection, and indeed between the UK and France. It is absolutely understood that it will be of mutual benefit to get those listings.
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Noble Lords have talked about the costs of the blood tests. They are not directly related to this instrument but blood tests are likely to be required to obtain an export health certificate, which owners will have to pay for. Additional costs related to the need for blood tests
are estimated to be between £200 and £500 depending on the third country category placed on the UK. As I have explained, we are expecting, if this were to come about, that we would be placed in a low-risk category and therefore we are not expecting the higher figure. That is not a consequence of the regulation but a result of having to comply with existing third country rules. As I have said, our export of equines to other third countries is already subject to blood testing requirements and, as I know directly, the equine sector is familiar with the process. Indeed, it is the norm for third country movements. But, again, we are looking for a deal. I emphasise that we need and want a deal.
The noble Baroness, Lady Parminter, asked what would happen if the UK does not get a third country listing. Racehorses registered with a national or international organisation or association will still be able to move; it will be other horses that will not. I would also say that we have a lot of communication with the equine sector, not only with the British Horseracing Authority and the racing authorities but more broadly as well. The sector is apprised of the new requirements and it is vital that a clear component of that is that we continue with clear communications. That is why I have looked at many of the technical notices on this matter so that, as a horse enthusiast, I can check how they might be received because they have been written in language that I would understand.
The noble Baroness also raised a point about capacity. The APHA has now planned for this and there is adequate capacity, while DAERA has already indicated that it is ready and able to issue the notices in Northern Ireland. The Government do not plan to charge for ID documents.
The noble Lord, Lord Grantchester, asked about the rationalisation of passport-issuing organisations. The point was eloquently made but it is not a component of this instrument. However, the noble Lord has raised an issue that could clearly be a matter for review. Of course, all passport-issuing organisations must comply with the law.
We have been working with the equine industry on the issue of border delays. In the event of no deal we need to ensure that this is factored in. The key point of any factoring in is that animal welfare must not be compromised. We are working closely with the equine sector because we must not put our animals in any jeopardy.
The noble Lord, Lord Grantchester, also said that the review would take too long. The first report must be published by 1 October 2023. It is a deadline and we will look at it; indeed, we will review earlier if there is a clear case to do so. That is very important.
Since the noble Lord, Lord Trees, is here and since two members of my family are in the veterinary profession, as I have disclosed before, I should say that I am very conscious of the vet as a key component in equine life. It is also important that I therefore assure the Committee that Defra provided evidence to the Migration Advisory Committee, strongly supporting the return of veterinary surgeons to the shortage occupation list. A report on
that is due this spring. However, we are working with the official veterinarians and other support officers to ensure all that we need to have in place is there in readiness.
Although this slightly goes off the subject of this instrument, I am also very conscious that my noble friend Lady McIntosh mentioned equine flu, while the noble Lord, Lord Trees, mentioned African horse sickness. We absolutely must maintain our biosecurity standards and, wherever possible, enhance them. One key area in the work of the Animal Health Trust, the universities and the APHA—all the organisations that we have in the public, private and charitable sectors—is the health status of UK horses, which is hugely important. That is part of our reputation and when we see cases of animals not being cared for, we are all angry and expect matters to be undertaken. I notice that my noble friend Lord De Mauley is here; important work was also done on the legislation to ensure the welfare of horses that were being dumped on other people’s land.
Parliament, and all of us, have been working extremely hard beyond this instrument, but I will look at Hansard because there may be some elements, or twists and turns in some questions that I have not fully covered. In the meantime, this technical operability instrument is important and we have it ready.