WEDNESDAY 15 NOVEMBER 2000 _________ Members present: Mr David Curry, in the Chair Mr David Drew Mr Austin Mitchell Mr Lembit Opik Mr Mark Todd Dr George Turner _________ MEMORANDUM SUBMITTED BY MAFF EXAMINATION OF WITNESSES BARONESS HAYMAN, a Member of the House of Lords, attending by leave of that House, Minister of State, MR ROY HATHAWAY, Head, Animal Disease Control Division, and DR DEBBY REYNOLDS, Veterinary Head, Endemic Animal Diseases & Zoonoses Team, examined. Chairman 69. Minister, you keep turning up in front of this Committee. That is because we invite you. We are very pleased to see you again and as all ministers in the Lords you are required to have multifaceted talents ranged over the work of the Department and this time it is badgers. Thank you for coming. If we can start with a rather obvious question about the reason for the trial and the rest of the programme which we have been hearing about from Professor Bourne, what are the latest figures on the herd breakdowns and has the rate of infection and geographical spread continued to increase since we made our report in 1999, for example -- a sort of epidemiological update. (Baroness Hayman) In 1999, there were 879 confirmed new TB incidents in cattle herds and that compares with 740 in 1998, so that is an increase of nearly 20 per cent. That is against an increase of around 44 per cent the year before. The number of cattle slaughtered as TB reactors or contacts rose by 13 per cent from 6,083 to 6890. As far as the year 2000 figures are concerned, from January to July, the provisional breakdowns are 633 and the number of cattle compulsorily slaughtered, 5,064, so very serious figures. In terms of spread and geographical spread, the tendency is for it to be in areas that are already subject to high infectivity rather than spread to areas of the country that have never seen bovine TB before, so predominantly it is in the traditional strongholds of the south- west, south-west Wales and the Midlands. That is the overall picture: a continuing increase and a continuing serious picture. Mr Drew 70. If I can start with the potential risk of TB spreading into human beings, this was raised in the debate on the select committee's report on TB. What is your latest evidence about people getting TB and where possibly they could get it from? (Baroness Hayman) Part of the five point strategy that the government has is the protection of human health in the context of M bovis and there is joint working with the Department of Health in this area. There are two possible routes of transmission. One is the food borne route. All the evidence in terms of the incidence of M bovis, rather than human tuberculosis in the human population, is that it is not increasing. It is tabled at around 40 cases a year. As I understand it, the mainstream view is that, because most of those cases are in older people, it is reactivation of disease that was contracted before pasteurisation of the milk. Obviously, we have to keep a watchful eye on that. The FSA has now the responsibility in terms of food safety and I know that they are looking at this issue and looking at further independent research on that. There is no evidence of risk of food borne contamination increasing. I think that is probably accepted. Equally, in terms of the occupational risk, if I can put it that way -- farmers, veterinarians, slaughter house workers -- obviously that has to be kept under review. It is kept under review both at national level between the Department of Health and MAFF and at local level between the local directors of public health and local SVS, State Veterinary Service, officials. Equally, we try and give advice to those workers. Recently we have sent out, on the basis of advice from the Health and Safety Executive, advice to workers in slaughter houses about procedures to protect from contact with animals. 71. Can you take me through the process of how infected animals can get into the food chain? The government pays farmers 100 per cent compensation when they have a TB breakdown. The Ministry then comes along and takes these animals and does what with them? The Ministry is picking up the animals. That is the responsibility of the Ministry. Where you have infected cases, what happens to these animals? (Mr Hathaway) The animals identified as reactors to the tuberculin test are sent to abattoirs where they are closely examined by meat hygiene service officers. Where there is any visible evidence of TB, either the whole carcass or the affected parts of the carcass are removed and destroyed and do not enter the food chain. As you are also aware, any animals which are over 30 months of age do not enter the food chain anyway. We estimate that two-thirds of TB reactors are aged over 30 months. The remaining parts of carcasses or carcasses where there is no visible sign of TB may enter the food chain. It is held that cooking destroys the tuberculosis organism. 72. But we are talking about 1.5 million. The government has to find the money from somewhere but, given the time and effort to find out whether the animals have any evidence of TB, why are we messing around with it? Why do we not just get rid of the animals? (Baroness Hayman) The view has always been that we should work within the EU framework which is set out for dealing with these animals, taking regular checks that there are no safety hazards, both in terms of the inspection processes which are careful, but also in terms of double checking with those responsible for public health. The FSA is commissioning, as I understand it, taking over some work that we have already looked at, a risk assessment of selling TB reactor carcasses to go into the food chain. If there is a reason not to do it, it would stop being done but at the moment that proposition has not gone without test, either at a European or a national level, and it is continuously under scrutiny. 73. If the FSA comes back and says, "This is daft. This is just too risky", you would have to abide by that recommendation? (Baroness Hayman) We would want to. It would not be a matter of them forcing that upon us. That piece of work had its genesis when we had responsibility for this, so it is not a rift between the two. 74. Can I move on to the husbandry issue? You have had this report commissioned about which we asked some questions of Professor Bourne and colleagues. I would make two observations. This was a hurried study, largely literature based, and yet husbandry, everyone says, is an important contributing factor -- it may not be the cause -- to our understanding of what is going on. Is it your intention to revisit that, both in terms of the recommendation or the response of Professor Bourne but also what one would assume is something that MAFF is particularly interested in, to revisit that and do a full blown study of husbandry and what is going on out there? (Baroness Hayman) I am tempted to say if it was hurried it was done to the select committee's timetable, who wanted it done within three months. We took that seriously and did it. It went slightly over three months, I have to admit, but not much. I do not think we want to revisit it in terms of a full blown, enormously long piece of research. We have put the report into the public arena immediately. We asked the Independent Scientific Group for their reactions. We have asked for reactions from anyone else who is interested and TB Forum in particular because they do bring together veterinary interests, farming interests and others. We are pooling those responses together with the report. If there is action that is recommended that is different from or supplementary to what already goes out -- and there is advice to farmers that already goes out -- then we will certainly act on that. One of the interesting issues is how you get people to act on advice that is available. That is a recurrent problem in this area. 75. The NFU are adamant that farmers are reacting; they are taking seriously, as they should be, the threat of TB, but there does not seem to be any research evidence proving one way or the other whether that is real. Is this not surely something which needs immediate and very careful attention? (Baroness Hayman) It is quite a difficult research project to frame. Just as there are those who I am absolutely certain take advice very seriously and implement it in full, you can also be shown examples -- if you go to Woodchester Park, you see some fascinating videos -- of people who do not take some of the advice and ways in which biosecurity is not protected. It is quite difficult to randomise and control a trial of those who are acting in a particular way and those who are not. It would be very nice if you could have that and have some effects out of it that were isolated, to know exactly what people should be investing in, in terms of husbandry. 76. One thing you could do is considerably strengthen the movement of animals and look very carefully at where animals are going to, to see what incidents come on the back of that in terms of breakdowns in other parts of the country. This was not the main point that the Husbandry Panel was looking at, but it certainly did come up. (Baroness Hayman) Absolutely, and I think in terms of movement regimes, testing regimes, the information that comes out of TB99, there is a lot to be done there. I thought you were rather along the line of how you actually saw what individual farmers did on their individual farms. 77. In a sense, it is what farmers do on their farms. I do not know which is worse: if they take no notice of that or think, "I am just going to ship my animals wherever and that is not my problem." Both come to the same conclusion, that we ought to be treating this extremely seriously. In a sense, it is much easier to control the movement of animals than it is what individual farmers do on their farms. (Baroness Hayman) Yes. Growing awareness between buyers and sellers of animals about the TB status and the possibilities of different sorts of movement controls when animals come on to farms are things that we could usefully pursue and are looking at. Mr Opik 78. I want to ask about the delays in some of the procedures. Why did it take so long to set up the auditing procedures for surveying and despatch of badgers? (Baroness Hayman) I am aware of a time lag in the auditing procedures for the statistical audit because it was quite difficult to recruit the person to do it. I was not aware of a great delay in terms of setting out the audit regarding the humane nature of the trials, and as you know that has been published with the government's response. (Mr Hathaway) It is true that the welfare auditor started work in the early part of 1999 rather than in the latter part of 1998. This is to do with the selection process of finding someone both willing and qualified to do it. His report covered the period from the early part of 1999 right round to the middle part of the current year. All the culling operations took place during that time span. Then his report was considered both by the Independent Scientific Group and then both his report and the government response were published side by side. What is important to note is that, during that year in which he was carrying out his audit of welfare, lessons were arising continuously, and MAFF would then incorporate those lessons immediately into procedures rather than waiting until he published the report and then amending the procedure in the way he suggested. 79. You are saying that there was an iterative process? (Mr Hathaway) Very much so, yes. 80. Who is doing the auditing at the moment of the surveying of welfare? (Mr Hathaway) The welfare auditor who did the first report, Dr James Kirkwood, has now stood down. We have a new welfare auditor in place at the moment in succession to him. I would have to check my note but my recollection is that he has asked for his name not to be made public at this stage. 81. You have chosen not to audit the humaneness of the trapping procedures. Is there a reason for that? (Mr Hathaway) I am not sure I would entirely agree with that. The welfare auditor was not prevented from looking at any aspect of the trial. You will see that in his report he does not interpret the precise words of his remit in a narrow way. He feels free to comment beyond that and we would not wish in any way to prevent him from doing so. 82. Would it be fair for me to suggest it might be worth revisiting more explicitly whether you might want to look at the humaneness of the trapping procedures? (Baroness Hayman) I think we are arguing semantics rather than reality here. I have talked in the light of the auditor's report about the traps themselves, the mesh of the traps, for example. There is a conflict between size of mesh to minimise the possibility of an injury to any animal and size of mesh to allow quick and speedy despatch by a single bullet. We do have a project on comparing the different traps that are available. In that sense, we are picking up on issues about trapping regimes that came out of the report and will continue to do so. 83. Is there a point in the report where some sort of recommendations will come out of that investigation or is that once again an iterative process? (Baroness Hayman) I would not want to wait until the next formal report if something clear came out of that bit of research as to something that was better to do. We would act upon that then but certainly the attitude has been to put into the public arena when pieces of work were done and action that was taken. 84. You have already explained why there was a delay in appointing an external expert to verify the statistical basis. It was hard to find someone. When can we expect to see the first report from Professor Mollison on that? (Baroness Hayman) I understand it came into the office yesterday. I have not seen it but I am told (a) that it is not very long and therefore I do not think we need to go through a great process of showing it to other people and getting responses in; (b) it does not raise any fundamental issues, which I suppose is the most important thing, so my instinct is to say we could publish it immediately and let people comment on it. Obviously the ISG in particular will want to look at it, but I do not see any reason for delaying publication. 85. I think a lot of people in this room will be very keen to see that report based on what we were discussing before you came into the room. (Baroness Hayman) I see absolutely no reason why it should not be published, just as it is now. 86. Finally, some people feel that MAFF is less interested in husbandry solutions than in badger solutions. They cite the delay in responding to the Independent Husbandry Panel report which came out in May. Have you any response to that? (Baroness Hayman) We are trying to put emphasis on all areas of the government strategy. We are taking the husbandry report seriously. I think it was important to publish quickly and get the responses to it, but we must move now to a government response on that and take appropriate action. I am interested in working with farmers' representatives about how you can most affect behaviour, because I think that is important, and get information across. Equally, looking at testing regimes, looking at movement controls, is an important area. Research on the badger culling trials is important, the work on other wildlife and the work on pathogenesis. You cannot ignore the major area that was pinpointed in Krebs where the major research resource, because it is labour intensive, is going. I think it would be irresponsible to ignore that and a lot of other people focus on that so it appears as if it is the sole MAFF focus. It is not. 87. Are you considering in your deliberations making husbandry related payments to farmers? Is that one of the things that is in the pot? (Baroness Hayman) Other people put that into the pot quite a lot. I think there are two issues here. One is whether you do pay people for good practice that is in their own interests; the other is whether we do have the causal link established that shows value for money. There are two fairly fundamental issues to be grappled with, but it cannot be ignored as an issue because other people would argue it. Mr Todd 88. Part of the purpose of the TB99 survey was to provide data on other possible relationships between TB in cattle and either their environment, husbandry or other factors. We have already heard the ISG express concern about the delay in TB99 usage. What steps are being taken to deal with that? (Baroness Hayman) TB99 is very important. Therefore, I was disappointed that when the swine fever outbreak occurred it was necessary to divert some of the state funds and resources into the very operation dealing with swine fever, but it was the very clear advice of the Chief Veterinary Officer. I do not think you can be staffed up all the time to deal with something as resource intensive as that outbreak. Necessarily, people were diverted onto the work. In terms of what we are doing now, we have restarted the questionnaire and the work is going on. There has been quite a lot of training of new staff and existing staff to participate in it. There is some sensitivity to the issue, particularly in trial areas, of not having the TB99 work going on and therefore releasing staff from BIRI(?), making the first releases, if you like, being the people who are going back into the south western. That was something I talked about last time I was at BIRI(?) last week. Yes, it has been unfortunate that we lost a few weeks in the middle there, but we are, I hope, back on track now. 89. You have mentioned that a reasonable amount of data has already been produced from TB99 and you are asking the ISG whether they wish to see that released. Has that data given any indication of alternative views of how to control TB in cattle? (Baroness Hayman) The ISG itself will publish an initial analysis of the data in their third report, which will be early next year. I would not want to preempt that. (Dr Reynolds) About 1,200 questionnaires have been completed so far and the ISG has been able to look at the majority of those and conduct an early analysis. It is too soon to say whether anything is emerging and the ISG is looking at the information and what can be put out in their third report as an indication of how valuable the data will be. 90. You touched on the testing regime. There have been suggestions that we should increase the frequency of testing. What is your view on that? (Baroness Hayman) I think we have to test on the frequency that is necessitated by instance, so we are in a framework that testing frequency reflects the incidence. One thing that I am actively pursuing is looking at the possibility, for example, in parishes that are on a three yearly testing regime, of moving to a rolling programme of testing, so that a third of the parishes were tested each year rather than that being an area where there was no testing at three yearly intervals. I think there are ways in which we can look at improving that regime, to give us more confidence within it. 91. Is this a resource led decision? (Baroness Hayman) It is a decision that has resource implications. 92. Indeed, but is it being led by the amount of resources that would obviously be involved in increasing the frequency of testing? (Baroness Hayman) We put into our planning for SR2000 additional funding for testing. You have to make some judgments about the increase in incidence and therefore what the costs will be because of that because incidence triggers an obligation to test. 93. But you set out a pattern of increase which is continuing at an alarming pace. (Baroness Hayman) Yes, and I hope that that will give some flexibility to do things like changing, as I described, the testing pattern in terms of having a rolling programme, which is actually the same amount of money but more expenditure up front. It is the timing of the expenditure. I hope that we will have the flexibility in the funding that is now coming in to improve the testing regime. 94. You hope but do not seem certain. I think you are demonstrating a very strong resource relationship. (Baroness Hayman) I hope I am demonstrating that the only reason I can say that that is what we are going to be able to do is because we have some more money to do it. 95. You are saying that but I am also reading into it that there is a clear money implication to increasing the frequency of tests, which is obvious. That appears to be one of the guiding principles behind this decision. (Baroness Hayman) I think value for money is a guiding principle behind any decision that you take in spending public money. Mr Mitchell 96. My question is in respect of the road traffic deaths of badgers and the Independent Scientific Group was concerned that this has been so long delayed. It was announced last week. What is the problem? Is it just that MAFF is in its usual financial mess and is short of resources to do its job properly, which is something it always tells the fishing industry, and presumably now it applies to RTA testing which costs MAFF, does it not? (Baroness Hayman) The resource problems in the RTA are different from financial resource problems. The first problem was the Health and Safety Executive ending of testing of badger carcasses without the appropriate facilities to provide protection for the workers concerned. The resource had to be found and was found to instal safe areas for doing that badger carcass testing. That was not a money problem. The money was there but it takes some time to set up those lab facilities. We then had a backlog of carcasses for testing that were from the trials, rather than from the road traffic accidents. The advice of the ISG was that frozen carcasses were not the best material with which to deal and that the priority had to be to deal with the trial badgers. We have done that now and we are now in the position that we have the capacity to do the RTA. Again, we run into a problem which is not simply of financial resource; it is a human resource problem about who actually collects these carcasses because again there are health and safety implications there. We have started a trial of again the RTA collection and I hope that, as the demands from the swine fever epidemic diminish, we will be able to increase the human resources going into the RTA, but I do not think you can simplify it as much as to say it is just a matter of MAFF not having the money to do it. 97. The numbers of people collecting is a staff resource and therefore a financial issue. (Baroness Hayman) Yes, but it is trained staff as well. 98. Is there a problem with laboratory facilities? You say in the progress report, paragraph 34, "There are now five laboratories with suitable facilities for carrying out badger post mortems and these should provide sufficient capacity for the culling trial to be completed." Are they also going to provide sufficient capacity to carry on the RTA studies? (Baroness Hayman) Yes. There will be times when there is additional pressure on the facilities because there are carcasses coming in from proactive culls and from the RTA. The proactive culls and the reactive culls do not take place all the time, so there will be an issue of smoothing out the demand on the facilities. Again, I suppose you could provide enormously more lab facilities that were for some parts of the year not being used at all in order to deal with the peaks of demand. I think the advice that I have had is that we now have enough facility to deal on a steady basis with both the RTA and the culling trials but it would be wrong to say that there will not be specific limited periods when there may be pressure because those two things are coming together. 99. The bodies will be put in cold storage at that stage? (Baroness Hayman) Yes. As I say, freezing is not ideal I am informed. (Dr Reynolds) Deep freezing carcases that have come from a road traffic accident survey is a particular disadvantage because these carcases may already be quite damaged as a result of a road traffic accident and on top of that freezing them. The quality of material for pathology is really quite poor. (Baroness Hayman) It is easier to freeze, as I understand, carcases which have come out of the trial because they tend not to be in that sort of state. 100. Let us move on to the MAFF Wildlife Unit. You say in paragraph 33 the project complement is 202 but currently they are 171 staff only. Are you experiencing difficulty in recruiting staff? (Baroness Hayman) We have just had a recruitment exercise. It is ongoing. At the moment we have a complement of 202. We have got 127 field staff in place. There are currently vacancies for two supervisors and 15 field workers. In recent interviews we had 45 applicants who were successful and they are undergoing medical and security checks. I think from that exercise we are now confident all the vacancies will be filled. Certainly the staff that I have met, who are engaged in the trials, are very committed and professional. 101. What is your estimate of the likely final cost of the whole Krebs programme, particularly the field trials? (Baroness Hayman) I do not know. Have we got estimates of final costs? I know what we have spent so far. (Mr Hathaway) One has to be careful whether one is talking about all five strands of the Government's strategy on TB or whether one is picking out individual elements of that, such as badger culling. 102. You can provide projected figures for all of them? (Mr Hathaway) We could project figures for all five strands, yes. 103. The Krebs field trial, what would the figures be there? (Mr Hathaway) We have a budget allocation for the current year of ś6.9 million. That was under spent a little last year because there was not a full complement of staff. Once we have reached the full complement of staff that is what that budget allocation figure relates to. One could extrapolate that for three or more years ahead to the projected end point of the trial. 104. Does that include the cost of policing? (Mr Hathaway) We are not meeting the cost of policing. Police forces locally are meeting those costs. Mr Drew 105. Can I take you back to the issue of the RTAs. Surely it cannot be right that one part of Government holds another part of Government to ransom because basically the Health and Safety Executive have been saying they are not prepared to do anything about this until they have - what effectively they have always done in the past - collected road traffic accident figures and all is in place. It is not a very satisfactory state of affairs surely? (Baroness Hayman) I would not characterise it as being held to ransom. I think if you have advice from the Health and Safety Executive about the appropriate circumstances in which Government work should be carried out, you have to take that advice very seriously and abide by it. 106. There is a problem. I have farmers who have now got dead badgers on their land being told nobody is going to come and collect them. That must be unsatisfactory. If we are worried about bovine TB and the possible link with badgers, to have dead badgers on a farm and being told there is no-one willing to come and collect them, this is not very good. (Baroness Hayman) It is not very satisfactory. I think in some areas there are badger groups who are willing. Is that the case or is it sick badgers that they are concerned with? (Mr Hathaway) I think mainly sick badgers can be reported to RSPCA or other animal welfare groups. I accept that is not a complete answer to the question which has been raised. There are instances where badgers are found dead on the farm. It is worth adding, perhaps, for completeness, that as far as what we have been referring to as the road traffic accident surveys are concerned, that will also have a facility for collecting badgers that are found dead on farms in trial areas but not across the whole countryside obviously. 107. Finally, it is inter-related, what contingencies have you got to cover for the loss of Ashcombe Down which you will be losing as a centre in April? (Baroness Hayman) Debbie, do you want to answer that? (Dr Reynolds) Yes. The question of the accommodation for wildlife units at Ashcombe Down is one where we have a number of options from which we can choose. We could consider relocating or buying part of the site and we have a number of areas of flexibility for next year's accommodation. Dr Turner 108. How do you weigh the relative hazards of handling possibly infected badgers in laboratory conditions in a regulated environment with a consumer storing uncooked meat from a definitely infected TB cattle in an unregulated fridge? How do you weigh those two possible hazards? (Baroness Hayman) I am tempted to say that I take advice from the Health and Safety Executive on one and the FSA on the other. I do not interpose my own judgment between the two. 109. I am asking you to express your opinion on this? (Baroness Hayman) My opinion certainly on the meat in the fridge is that all the advice has been that no meat that ends up in the fridge presents a danger to human health and that since meat is habitually cooked, which gives it added protection --- 110. Even if it is not cooked, that is fine. Prior to that most people do not have an inspector available to check on their fridge and its layout and whether it is appropriate to keep different kinds of meat separate and so on. (Baroness Hayman) Indeed. You can take that with a great number of other organisms. 111. Unlike scientists, presumably, who have a good deal of help in ensuring safe procedures in the laboratories. This did not appear to have been thought through in an entirely coherent way. The link is the risk to human risk. (Baroness Hayman) Yes. 112. Clearly scientists were anxious about that risk to themselves but perhaps there may be less anxiety about the ordinary punter or for that matter, in David's case, the ordinary farmer who may have to handle by the nature of his activities a dead badger? (Baroness Hayman) I think my responsibility is to ensure that the appropriate advice is sought, taken and transmitted to those --- 113. It just does not appear to be joined up, does it? We are hearing one Government agency which is giving a very precautionary view of the possible implications to scientists' health of handling badger corpses which may be infected, a lot of RTAs will not be but may be infected, with M bovis, a rather different view of other aspects of the transmission of M bovis to human beings. (Baroness Hayman) We could have a long debate about the way in which risk is evaluated, managed and communicated. 114. Is there one standard for scientists and another for others? (Baroness Hayman) I think, with respect, the HSE are not scientists defending other scientists. 115. No. (Baroness Hayman) They are about the occupational health of workers in an environment, about assessing a risk and laying down what they consider to be the appropriate circumstances in which people should be working. They are absolutely fair and do comment on the health and safety of farmers as well. 116. Perhaps we should get the HSE to look at the health and safety of workers in a kitchen. I will leave it there. (Baroness Hayman) When I had responsibility for food safety there was a great deal of work done about trying to educate people about risk and many criticisms about the nannying nature of the advice which came from that. That is something on which I should not stray. Mr Mitchell 117. I was going to point out that Grimsby has got the biggest cold stock capacity in Europe but I do not think yours is a business we would like to encourage, so I will not. I want to put three specific points put to us by Dr Fiona Mathews, who is a Dorothy Hodkins Research Fellow at the Department of Zoology at the University of Oxford. She suggests you should answer three specific points. One, will MAFF now allow historical data on the incidents of TB in the trial areas prior to the commencement of the trial to be made publicly available? (Baroness Hayman) Historical data, is there any historical data that is not available? (Mr Hathaway) The report of the independent scientific group which was published in February of this year for each of the trial areas which had been proactively culled up to that time of publication did contain summarised historical data about previous incidents of TB in those areas. Is Dr Mathews saying there is further information? 118. She is asking it be made publicly available because it would be useful for the analysis of repeat and contiguous breakdowns. (Baroness Hayman) Can I answer it in a more general term, Austin, which is that as far as any robust information that is available that the independent scientific group believe would be helpful, there is no desire whatsoever to keep that back and I have no problem with making it available. 119. Yes. I think she means farm by farm data rather than the total data. (Baroness Hayman) I think it is very difficult to respond to an individual's request when it is particularly, and it sounds as if it might be, labour intensive to find that. If that is an individual request, I would like to take it away, look at it and answer it, if that is all right. 120. Okay. Second question, will MAFF commission the collection and publication by independent observers of data on the survival of badgers within the trial areas including the sites where permission for culling was denied? There is a question here on how effective the culling is going to be, therefore we do need an independent assessment of its effectiveness. (Baroness Hayman) Yes, and the work that Chris Cheeseman is doing, going in after culling to look at the comparison of the survey work and what comes out after the cull, is to provide exactly that sort of information. 121. That will be provided and made available? (Baroness Hayman) Yes. I think we need to know what proportion of the badger population is being affected by the cull. 122. What local badger groups seem to be finding is that more badgers survive than might be viable. (Dr Reynolds) There are two research projects trying to establish the number of badgers from signs of their activity, from surveying, because that is an unknown piece of the jigsaw. There are two projects looking at that. Then after culling has taken place in the trial areas there are revisits to assess the amount of activity in trial areas, both shortly afterwards and at regular intervals throughout the trial. Mr Mitchell: Finally, will the veterinary laboratory's agency release historical data on the proportion of badgers culled in previous badger removals which were found to have open lesions on post mortem? Chairman: I think that is one to reflect on. Mr Mitchell 123. It is important for building up the epidemiology of the issue. (Baroness Hayman) That is absolutely right. As I say, as a general rule, evidence that is available, information that is available, I am very happy to make available. I think one does seriously have to say the reason you have set up independent scientific groups bringing together experts in this field is to try and focus your resource on getting the information that will be most effective in building inter-policy. That is not ruling out individuals and others who think there are important things which need to be explored but I do not think you can completely, carte blanche, say that anyone who wants any piece of information can divert resources from mainstream work where you have set up an independent scientific group to guide you as to what is the most useful information. That is my only caveat, those individual requests, if I could look at them and see if we can meet them. Dr Turner 124. Just a quick question, if I may, Minister, on things away from the trial and also on to the other research path which this Committee recommended and the Krebs' recommendations have been followed up really. Looking at those very briefly, the research into transmission, I take it the fact this is being undertaken means you accept the thrust of the recommendations of this Committee's report, Recommendation T, that this was not an area to be ignored. Could you give us some idea as to when you are hoping the results will be published referred to in the update we have been given? You say the research is taking place until the end of December 2003. Does that mean we will be getting all the data coming together at about the same time as the trial finishes? (Baroness Hayman) I know that is something that John Bourne is anxious to have. In order to have an approach to the problem that brings in all the factors and is comprehensive it would be helpful to have the results from that pathogenesis work at the same time as the results from the Krebs trial and that is very much the timetable to which we are working, yes. 125. Looking at one other aspect on wildlife species, the same question almost. From what you told us there the results will be published when they are available but the intention there is, I assume, that will also be available at the same time? (Baroness Hayman) Yes. I think possibly a little earlier as far as the wildlife is concerned. (Dr Reynolds) Yes. 126. As a matter of passing interest, given we have been told it is impossible to reliably detect TB in badgers, work at Oxford in particular where other wild mammals are being detected, is it equally difficult there and the results are open to question or is it that in some of the other mammals it is easier to detect? (Baroness Hayman) Are you talking about live testing here? 127. The Oxford University project in paragraph 2 of your report I am referring to. (Dr Reynolds) Yes. The Oxford University project is taking examples from living wild animals and then releasing them. The tests on those samples has a much lower likelihood of finding TB than a full post mortem which is why the approach to finding TB in badgers must depend on a full post mortem. The Oxford work will mean that samples can be taken and stored and it is possible that there may be advances which mean that those samples can be examined subsequently by new tests. Equally that applies to samples from the badger coming from our trial. (Baroness Hayman) There is also a research project on carcases of wildlife and deer that are dead, which have not been killed for the trial but are dead and we are getting the results from those as well. There are two separate wildlife trials going on, one on carcases and one on live animals. 128. It does seem as though in those two areas, the wildlife species and transmission, you will have the data at the same time roughly as the trial but the same does not seem to be the case when one is looking at the vaccine programme where I think 10 to 15 years hence is the constant answer. Is it still ten to 15 years or are you more hopeful? (Baroness Hayman) I think every Minister has been told that it is 10 to 15 years since the question started to be asked. I think the conference that we had in August, the international conference, was very positive in terms of some of the work going ahead on a vaccine and being helped by the worked that has gone on on genome sequencing. One of the things that I think is particularly interesting, while Krebs was very clear that we must pursue the possibility of a cattle vaccine, there are particular difficulties around that because you are testing and differentiating between vaccinating and infected animals. That is not such a problem if you are dealing with a wildlife vaccine because you are not testing in the same way. I think that particularly in New Zealand they have shown interest in using the BCG vaccine, which does exist and does not have to be developed, and therefore does not have to have the same kind of time frame on wildlife. Now, before getting too enthusiastic about that, I think experience of BCG on human beings in different environments around the world makes us cautious between being able to extrapolate simply from one wildlife species to another in terms of the effectiveness of vaccinations, particularly with BCGs. It is an area the Republic of Ireland is interested in doing some work on badgers in and we are discussing potential collaboration on that. It might be that both a wildlife vaccine and a cattle vaccine are measures you want in your armoury in the approach to tackling M bovis. That is rather a long answer. 129. If I could have a numerical answer in terms of the number of years? (Baroness Hayman) I do not think anyone has suggested to me that a cattle vaccine would be available in a shorter time frame from the 10 to 15 years that is laid out. 130. Seriously, this is always what is being said. (Baroness Hayman) Yes. 131. It does not sound as though it is a well thought through figure, does it? That is always the answer. (Dr Reynolds) If I can comment, the figure reflects that this is a long term scientific goal and that the scientific areas that need to be developed are quite high risk and therefore necessarily may take some time. Even at the point of having an effective vaccine candidate the development procedure of the field trial determines that there is an effective vaccine candidate. Taking that forward to a licensed product which is recognise in the European Community is very long term. 132. Normally the time taken to do something depends on the priority and the resources being used to address the issue. I suppose really my concern is it may be we are doing all we can. Given the importance of the problem we would like to think it is not something being restricted by the resources of the research programme. (Baroness Hayman) I honestly do not think that it is. Having talked to people at the two main centres here, I am sure they would like to have more resources but they are not raising particular difficulties about the funding. I think it is very important that we do recognise because some of this work is expensive that you should have a not invented here attitude about it. It is international work and there has to be international collaboration and that can draw on what is being done across the world. I think the constraints are much more in the time of development from getting the scientific solution and then some of the practical implications in terms of trade and those issues I was talking about. 133. Specifically referring to the report published earlier this summer when the trials from New Zealand were being referred to, in the report we were told that a large cattle vaccination experiment was being carried out in New Zealand, "Progress and comments" page six, middle paragraph. I was pinning some hope on possibly if a large cattle vaccination experiment was under way, possibly there was some work which could be put through much more quickly than the ten years. I do not know if you have a view on that. The question I want to ask is given the different geography and conditions, if experiments like that are taking place should we not be undertaking that sort of trial over here at the same time? Would that speed up the process? (Baroness Hayman) Debby is my New Zealand expert so perhaps she could answer that. (Dr Reynolds) The work that is being done on cattle in New Zealand is indeed large scale. I do not think you should misinterpret it. It still means the number of animals have been necessarily quite small in experimental situations. 134. What does large scale mean, if it does not mean lots of animals? (Dr Reynolds) The scale is an experimental scale. This is under laboratory conditions, field trials under closely confined conditions to assess whether BCG is generating a protective effect on cattle. On the geography point, the work that MAFF has funded and set up has got a very close collaboration between the work in this country and in New Zealand and the challenge approach which has been set up in New Zealand has been exactly replicated in this country so that a proper comparison can take place between UK geography and New Zealand geography. Mr Todd 135. The TB Forum has had its problem, I suppose one might have imagined that would be so from setting up such a diverse body. Do you feel that it is going to contribute substantially to the solutions in TB? (Baroness Hayman) I think it already has helped us in areas such as looking at the refinement of testing regimes. I think it is important to have that Forum acting as a sounding board which brings together disparate views on the subject. It is not easy as you point out to get that working very smoothly and it is not a decision making body. Policy has to be for ministers in this area. I think it does contribute. I think its view on the Husbandry Panel report, for example, are very important. I think it is of value. I hope it will continue to meet but I do not think there are silver bullets here in terms of any one or any single policy. 136. Do you think the NFU's non participation makes it of significantly less value? (Baroness Hayman) Well, I think it is very important that we have farmers represented and producers represented on the Committee. I was sorry the NFU felt that they had to leave the Forum. I think they will regain them. I think the important thing is we have not completely lost the producer element. I hope that they will feel able to rejoin the Forum in the new year and Nick Brown and I are having conversations with the NFU about that. 137. One of the possible reasons for their frustration might have been the difficulties in producing a conclusion on the proposal on localised culling. What is your perception of that? A paper was produced by members of the Forum and it appears to be following the route through the long grass at the moment to no very obvious outcome. Is that largely what the NFU are worried about? Do you share that concern or do you believe that is just par for the course? (Baroness Hayman) I think the issue of action against badgers outside the trials is one of the very fundamental splits between members of the Forum, even discussion of it is very inflammatory for different sides of the argument. Therefore, yes, I would say it was one of the issues that provoked withdrawal. 138. Would that mean that the Government intends to take no step on this matter? (Baroness Hayman) The Government intends to see the trials through and at the moment it has no plans for action against badgers outside the trials. We are reporting on our five point plan and strategy and we will continue to do that. 139. Essentially this paper on localised culling can wander back and forth through the long grass for quite some time to come. (Baroness Hayman) The paper was not only --- 140. The Government has already decided that it intends no further step beyond the cull areas? (Baroness Hayman) The paper was not only about localised culling. There are other areas of it that I think have to be considered and acted on. The issue about localised culling outside the trials is there, it has had work done on it by that sub-group and I think the TB Forum accepted that lay on the table, if you like, rather than in the long grass about a possible way forward if it was necessary. At the moment, the Government is seeing through the trials. We are not ruling out forever and a day that there could be any change to Government policy. We have talked about some of the areas in which there could be changes in different parts of the strategy. That is not ruled out forever and a day. It is important though, and I think this Committee has wanted it all along, that policy is based on strong and sound science and that is what the trials are there to provide for us. We do not want to preempt the results of those trials in policy. 141. There has been an analysis of the consequential losses to farmers on movement restrictions when TB is found. Do you believe - and it has certainly been urged again, it was urged in the debate which took place on the Select Committee Report - that compensation levels for farmers should be reviewed? (Baroness Hayman) I think on compensation levels for farmers the statutory compensations are laid down. I think the consequential loss issue is slightly different because there is not a statutory obligation to pay for consequential loss. If I can answer slightly obliquely, I think the issues which have come out - I seem to have talked about swine fever a lot today - out of the swine fever outbreak raise important and broad issues about insurance in its broadest sense. I do not mean necessarily insurance through private sector insurance policies for the sorts of consequential loss which happen through animal disease or indeed we are talking about flooding no doubt and other issues like that. Farming is very much prone to lots of these sorts of circumstances. I think there has been some useful work done in the Forum and it will be continued on quantifying the consequential loss. It is, as I said to Mr ™pik earlier, quite a big leap going from that to Government becoming the insurer of last resort in some of these areas. I think we need to see from the work that is going on out of swine fever about whether there are some lessons to be learnt for endemic disease rather than exotic disease. 142. Also, indeed, the balance between the responsibility of the producer and the responsibility of Government, where one of the issues is the control over the spread of the disease, to ensure that the correct motivations are put in place to encourage compliance and support with sensible public health and animal health measures? (Baroness Hayman) Absolutely. 143. The short paper that we have had refers to the voluntary system suggested for making available the latest TB test results to those who purchase cattle. Can you explain where the voluntary aspect of this is, who is volunteering, and is it mandatory? (Baroness Hayman) Perhaps I can ask Dr Reynolds to respond on that. (Dr Reynolds) Every time a farmer has a test done on their herd of cattle, the veterinary surgeon responsible for it sends a report in to MAFF, and if a reactive result is found, action is taken. That piece of paper can now be requested by the farmer concerned and then can be requested by anyone who wants to purchase cattle from them. On a voluntary basis the farmer can make that information on the recent test report available. 144. To get the mechanics right, a purchaser can ask for that information from MAFF who hold it, or ask for that information from the seller of the cattle who may disclose it to them if they so wish? (Dr Reynolds) The information is from the seller of the cattle, and now it is a formal piece of information recording the test result. 145. So if the fellow says, "I've thrown it away, I don't have that kind of information", then the purchaser obviously makes their own judgement as to how material that issue is in their decision to purchase that particular beast? (Dr Reynolds) Yes, that is correct. There is no compulsion on the person selling the cattle to respond by making the information available, but MAFF has merely set up the position where that information can be provided in a standard format which can be readily understood. (Baroness Hayman) It is an issue, if I can come in here, which has been raised in terms of cattle passports and automatic recording. I think, as we have cattle passports at the moment, it would be an enormously bureaucratic task to be recording that information. However, we are proceeding towards an electronic database which will give you a lot more opportunities for speedy and easy recording of information that might be of benefit obviously to purchasers but also to sellers. I think we have to look at the implementation of that database and review these issues. 146. I have just been passed a note to say that in New Zealand we are told that cattle must be shown to be negative before being allowed to be moved. I do not know whether that is the case. (Dr Reynolds) In New Zealand they do have movement control areas, and the procedures for controlling movements do depend on a certain level of pre-movement testing. That is not the same across the entire country. 147. So it is only in risk areas, is it? (Dr Reynolds) Yes, that is right, high-risk areas. There is a very similar process to the one that we have now introduced, to make the information available on a voluntary basis in the interest of the country. 148. This goes a little bit back to the question I raised about frequency, because, to be honest, this would imply an increase in the frequency of tests as well, would it not? If you had to have a test made before movement could take place, that would imply an increase in the number of tests that took place. Has this approach been considered in this country? Obviously we have presumably reviewed the advantages of the New Zealand approach? (Dr Reynolds) Yes. The question of pre-movement testing is always at the back of our minds, and it is something which has some benefits. It also has a very sort of broadbrush catchment, and it is our approach actually to base movement testing on risk and also to make sure that it is based on a buyer beware arrangement, so the purchaser of the cattle is really the best person to arrange the testing of the animals based on what they know about the area that they are coming from and the herd, based on what they are told by the farmer concerned. 149. So it is not just driven by the fact that the New Zealand system might appear to be rather more expensive? (Dr Reynolds) Not at all. The New Zealand system has been built up based on a risk approach to the management of their infection in the same way that we have. Chairman 150. We are nearly there. Can we just look briefly at the long term. The ISG memorandum ended with a formula for the development of a long-term strategy. Are you looking to the Bourne Group, in its final advice, to lay out the framework for a long-term strategy and a long-term policy as well? (Baroness Hayman) I think we would certainly expect them to give us advice. There might be areas of long-term strategy - for example, on public health - that they did not focus on particularly. I think that in terms of the review as to where different pieces of research took us to inform policy for the medium term and long term, I would be looking to the ISG for advice on that. So that is obviously particularly around the Krebs trials but also around the pathogens trials, the wildlife trials, but there is what is called an iterative process as well going on. If, for example, we did change testing regimes and found that that was beneficial, then that would be woven into longer-term policy. 151. What level of reduction in bovine TB would you see as the minimum in order to justify a policy of badger-culling? (Baroness Hayman) I once went to a meeting of an organisation and asked what their membership was. Their membership secretary said, "I wish I could say 'static'". I do not think we have quantified the level of reduction that would mean success - yet. Certainly the current level of increase does not mean success, and we need to bring that down. 152. The Royal College of Veterinary Surgeons said you had better have a Plan B in any case, had you not, just in case this does not work? Do you accept that you will have to have a Plan B? (Baroness Hayman) I am not quite sure what "this" is, in the context of what will not work, because I think I have tried to make clear that I do not believe that there is a single silver bullet answer and that we are likely to end up with a multi-faceted approach where we need to get each of the aspects right and where, in some areas - for example, the vaccine - the timeframe is going to be different from the timeframe in other areas. I think contingency planning is something that one should always participate in, and it is always a judgement about how much resource you put into contingency planning for a contingency that does not seem very likely, so you have got to strike the right balance there. 153. My final question is, what happens if the results from the various components of the present programme do not point in the same direction - in other words, if you have got a clear result, let us say, from a proactive cull, but a negative result from a reactive cull? (Baroness Hayman) Then I think that is the sort of circumstance in which I would certainly be looking to the Independent Scientific Group to interpret that data and give advice as to the policy direction that was most sensible to follow. I quite envisage circumstances in which policy options will be before Ministers, without the clarity and certainty of data and information that everyone agrees on and everyone agrees on the way forward from it. Chairman: That, Minister, would enable me to go into a long dissertation on the history of BSE and the experience of Ministers, but I will restrain myself from doing that and thank you for coming here today. I am sure we shall see you again. We do not yet know on what subject, but there is, I think, a practical certainty that we shall see you again, and we look forward to that. Thank you.