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Crown Dependencies
Mr. Heathcoat-Amory:
To ask the Secretary of State for the Home Department if he recognises the rights of the Crown Dependencies to set their own tax rates, structure and allowances without reference to the UK Government. [98733]
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Mr. Mike O'Brien:
Legislation on taxation in the Crown Dependencies has always taken the form of laws enacted by the legislatures of the Crown Dependencies. All primary legislation passed by those legislatures requires the Assent of the Queen in Council.
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Miss Geraldine Smith:
To ask the Secretary of State for the Home Department if he will provide continuing protection for seals under the Conservation of Seals Act 1970, following the expiry of the Order laid under section 3(1) in 1996. [99835]
Mr. Mike O'Brien:
I have now laid before Parliament the Conservation of Seals (England) Order 1999, which provides permanent close season protection for common seals and grey seals in an area stretching along the North Sea coast from the border between England and Scotland to Newhaven on the south coast. The Order will come into force on 19 December, to coincide with the expiry of the Order laid in 1996.
Mr. Baker:
To ask the Secretary of State for the Home Department (1) if he will make it his policy to ensure the permanent quarters of performing animals are brought within the scope of the Zoo Licensing Act 1981; [99126]
Mr. Mike O'Brien:
These are matters being considered by the Home Office in consultation with the Department of the Environment, Transport and the Regions, following receipt of recommendations from the Associate Parliamentary Group for Animal Welfare about animals in circuses.
Mr. Baker:
To ask the Secretary of State for the Home Department if he will make it his policy to require suppliers of exotic pets to provide written information to customers concerning housing and care for certain threatened species. [99127]
Mr. Mike O'Brien:
The Pet Animals Act 1951 (as amended in 1983) requires any person keeping a pet shop to be licensed by their local authority under such conditions as may be specified.
The Government have no plan to introduce an explicit legal requirement that suppliers of exotic pets should provide written information to customers concerning housing and care for such animals. The welfare of exotic animals kept as pets is, however, provided for under the Protection of Animals Act 1911, under which it is an offence to ill-treat or cause any unnecessary suffering to any domestic or captive animal.
It is widely accepted that it is good practice for pet shops to give customers advice on how to care for their animals. The Pet Care Trust (the organisation for the pet trade) include, as part of their Code of Practice for Retailers, a requirement that pet care leaflets should be made available to customers, where appropriate, at the time of purchase.
Trade in endangered species is strictly controlled by the Convention on the Trade in Endangered Species (CITES). Under CITES, welfare requirements must be satisfied before any threatened species will be allowed to enter the country. Subsequent movements of such animals are also controlled.
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Mr. Baker:
To ask the Secretary of State for the Home Department if he will make a statement on the increased numbers of cruelty convictions against pet shops over the last year; and if he will make it his policy to introduce a more robust and comprehensive inspection and licensing regime. [99128]
Mr. Mike O'Brien:
There has been a two per cent. increase in the latest available statistics for cruelty convictions under the Protection of Animals Act 1911, but it is not possible to identify the incidence of such cases involving pet shops.
There are no plans to amend the Pet Animals Act 1951, by which pet shops are inspected and licensed by local authorities, and under which conditions are imposed relating to standards of welfare of animals kept in pet shops. Enforcement of the legislation is entirely for local authorities, who have the range of powers needed to detect cruelty and bring prosecutions when appropriate.
The provisions of the 1951 Act, together with the Protection of Animals Act 1911, under which it is an offence to cause any domestic or captive animal unnecessary suffering, provide adequate protection for animals in pet shops.
Mr. Baker:
To ask the Secretary of State for the Home Department (1) in the applications leading to existing OECD guideline 401 licences issued (a) before 5 September 1998 and (b) since that date approximately how many animals it was envisaged would be used; [99140]
(3) by what date he proposes to review Guideline 401 licences; and what the outcome was of reviews already carried out; [99143]
(4) against what criteria he proposes to review existing OECD guideline 401 licences issued before 5 September 1998; [99142]
(5) what legal advice he has received in respect of OECD guideline 401 licences granted (a) before and (b) since 5 September 1998; [99144]
(6) of the existing OECD guideline 401 licences issued before 5 September 1998, how many, taking into account any renewal already granted, are due to expire in (a) 2000, (b) 2001, (c) 2002 and (d) 2003; [99141]
(7) how many existing project licences authorising the use of the LD50 test, as defined in OECD guideline 401, were issued (a) before 5 September 1998 and (b) since that date; [99139]
(8) how many animals were used in LD50 tests as set out in OECD guideline 401 in the UK in (a) 1996, (b) 1997 and (c) 1998, listed by species. [99132]
Mr. Mike O'Brien:
We have accepted that Section 5 (5) of the Animals (Scientific Procedures) Act 1986, as amended in September 1998, does not allow licensing of the Lethal Dose 50 (LD50) test for the purpose of meeting international regulatory requirements. The general principle is that a test will be licensed only where there is not a scientifically valid and reasonably practicable and accepted alternative.
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One licence, issued since September 1998, has been varied. This was the point at which changes on the face of the Animals (Scientific Procedures) Act 1986 became effective. Authorities to use the LD50 test on a project due to expire in 2004 have been withdrawn, but alternative tests (Organisation for Economic Co-operation and Development (OECD) Guidelines 420, 423 or 425) are likely to be used instead. A total of 467 rats have been used under this licence and an earlier one for the same purpose, which it succeeded.
We have undertaken to review relevant licences issued before September 1998. All project licences authorising acute toxicity testing using protocols based upon OECD Guideline 401 will be reviewed and amended to prohibit the use of the protocols where suitable alternative methods are available. Amendments will be subject to the standard processes of representation. We accept there may be cases where no exact alternative is available and Guideline 401 (the LD50 test) can be lawfully licensed.
The review should be completed by mid-December 1999 on approximately 50 existing licences, issued before 5 September 1998. It has not, at this stage, been possible to make an assessment of the expiry dates of those licences or the number of animals affected.
Information relating to the numbers of animals used in LD50 tests each year is not available. Changes to data collection introduced in January 1999--for reporting in 2000--will separately identify different forms of acute toxicity tests.
We are pressing the European Commission to follow our lead in interpreting Article 7 of European Directive 86/609/European Economic Community. The Commission has formally urged the OECD to withdraw Guideline 401 on the basis that alternative acute toxicity tests have been accepted for most situations.
Mr. Baker:
To ask the Secretary of State for the Home Department if he will make it his policy to repeal section 24 of the Animals (Scientific Procedures) Act 1986. [99122]
Mr. Mike O'Brien:
Under the proposals for the Freedom of Information Bill, we will review all statutory bars on the disclosure of information, including section 24 of the Animals (Scientific Procedures) Act 1986. No decision has yet been taken on whether to repeal or amend section 24.
Mr. Baker:
To ask the Secretary of State for the Home Department for what reasons the policy as to whether or not to disclose information has been changed from one based on substantial harm to one based on prejudice to the effective conduct of public affairs. [99124]
Mr. Mike O'Brien:
The Freedom of Information Bill translates the policy proposals contained in the White Paper, 'Your Right to Know', into legislation. It is necessary in the Bill to express the Government's intentions in language that is clear to those who are affected as well as the courts. The Government have therefore used in most cases a test of prejudice, as this test has been used in similar legislation such as the Data Protection Act 1998 and the Local Government Act 1972 and is well understood by the courts and practitioners. The
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Information Commissioner will have power to overturn reliance on an exemption in any case if the "prejudice" test is not properly made out. The Commissioner will be able to ensure that any prejudice caused will be "real", "actual", or "of substance".
Mr. Baker:
To ask the Secretary of State for the Home Department if he will make it his policy to ensure that there are no blanket confidentiality clauses in the forthcoming Freedom of Information Bill. [99123]
Mr. Mike O'Brien:
Nothing in the Freedom of Information Bill prevents the disclosure of information by public authorities if it is otherwise lawful. However, I am satisfied some information should be exempt from the statutory right to know where issues of privacy or confidentiality apply, where the effective conduct of public affairs is at issue or where prejudice would, or would be likely to occur to a specified interest.
(2) if he will bring performing animal centres within the terms of the Zoo Licensing Act 1981; and if he will make a statement. [99125]
(2) what steps he is taking to encourage other EU states to adopt the UK position on LD50 tests; [99131]
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