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The Earl of Onslow: The noble Baroness has been converted to my point of view. That is exactly what I was saying: it is a government Bill. That is all I was saying. The noble Lord, Lord Carter, was saying that it was an Anderson Bill. The sinner in heaven repenteth—lovely!
Baroness Farrington of Ribbleton: I should be in danger of getting totally lost in these matters. We have had a large number of references to Pen-y-ghent and Pen-y-fan. Following the noble Earl, Lord Onslow, can occasionally lead those on the Government Front Bench into a blind alley.
There is a further important general point. There were cases where delay in action was partly due to the absence of certain powers which are now set out in the Bill. The question was raised by the noble Lord, Lord Peyton—as it was by the noble Lord, Lord Monro—of whether the Government needed more powers to be able to act quickly. I can assure the noble Lord on that point and shall write to him on the detail.
Turning to specific amendments, Amendment No. 192 would remove the power to slaughter vaccinated animals. This power is necessary for the conduct of a vaccination campaign, whether vaccinate to live or vaccinate to slaughter. Where vaccinated animals are subsequently shown by distinguishing tests to have been infected with the virus, they will need to be slaughtered. Such a policy is in keeping with the recommendations of the Royal Society report, as I hope the noble Lord, Lord May, will accept. I am delighted that he has joined us on this issue.
The Earl of Onslow: The noble Baroness made an important point. She said that an animal which has been vaccinated and which has been subsequently shown to have had the disease has to be killed. Am I right or wrong? Without meaning to be rude to the noble Baroness, I am sure that the noble Lord, Lord May, will be able to answer the point better than either she or I can. Presumably the animal is cured of the disease and is now immune, if it has had it, and therefore cannot pass it on. Is that the case? I am a seeker after information.
Baroness Farrington of Ribbleton: I used the term "have" in relation to the disease, not "have had". If an animal is shown to have the disease, or, I believe, to be a carrier of the disease—I shall write to the noble Earl if I am wrong—
Lord May of Oxford: It may be helpful if I intervene. If the infection is acquired at around the same time as the vaccination, that can happen. If I may lapse into pedagogic mode, that is partly why we do not vaccinate small children against measles too soon: the vaccine will not take, as they are protected against the disease by maternal antibodies, which are fading. It is quite a complex matter and there is a window in which that can happen.
4 p.m.
Baroness Farrington of Ribbleton: I see that the noble Earl, Lord Onslow, is grateful. However, I assure him that he is not as grateful as I am for the noble Lord's intervention.
Therefore, for those reasons, it is essential that we are able to retain the option of slaughtering vaccinated animals, but any decision on the slaughter of vaccinates would be made in the light of consultation with interested parties. The exit strategy of the vaccination campaign would depend on why we were vaccinating—for example, to prevent the disease from spreading—and would also take into account a cost-benefit analysis of the different strategies.
These provisions in the Bill fill a gap in the existing legislation and make no presumption about the time at which slaughter of vaccinates would, if at all, be necessary. I therefore hope that the noble Lord, Lord Peyton, will not press his Amendment No. 192. Should he require further information after Committee stage, I shall be delighted to provide it.
Amendment No. 194 would unnecessarily restrict the Minister's ability to slaughter vaccinates. The three-month cut-off point is arbitrary to a degree. It is difficult to be certain. The provisions make no presumption about the time at which slaughter of vaccinates would, if at all, be necessary.
There may be situations in which vaccinates may need to be slaughtered over three months after vaccination. For example, we could find that animals are infected beyond that period and need to be slaughtered as part of a problem of the associated herds and flocks.
Therefore, we would be in difficulty. However, we recognise the underlying point as regards accepting an absolute limit.
Amendment No. 195 would require any action taken under the powers in this section relating to the slaughter of vaccinated animals to be reasonable. My noble friend Lady Mallalieu, the noble Lord, Lord Livsey, and others, made that point. We strongly support the principle on which the amendment is based. All our actions should be reasonable, and I hope that I can reassure noble Lords that we would always act reasonably. Indeed, Ministers have a public obligation to do so in the exercise of their duties. However, noble Lords may unwittingly be suggesting an amendment that could limit that obligation. In addition to acting reasonably, Ministers also have a public law obligation to act proportionately. If for the purposes of this legislation we were to restrict the term to "reasonable" and not include "proportionate" it could limit Ministers' obligations. I assure noble Lords that there is a legal requirement to be both reasonable and proportionate.
Amendment No. 196 would have little real effect. "Otherwise" adds clarity in this context, and it separates subsections 3(a) and 3(b), making both parts complementary and comprehensive. If "otherwise" is removed, there would be an overlap between Section 16A(3)(a) and Section 16A(3)(b), rather than the linkage of the two distinct activities.
Action may be required to enable an animal to be slaughtered and it could include entering premises, rounding up animals, verifying their identity and completing paperwork. Action that is otherwise required in connection with slaughter could include the removal of animals or carcasses from premises, and their disposal. Those lists are not exhaustive. The wording of the Bill is consistent with provisions in the 1981 Act. For example, Section 16(2)(b) deals with permitted action for treatment after exposure to infection or,
- "action which is otherwise required in connection with that treatment".
It would therefore be inappropriate to accept Amendment No. 196.
Amendment No. 197 would specify on the face of the Bill that any action taken in connection with the slaughter of vaccinated animals under the new powers would have to be reasonable. The tasks concerned could include bringing machinery on to the premises, identification, valuation or disposal. I hope that I have reassured the right reverend Prelate the Bishop of Hereford that Ministers are required and are under an obligation to act reasonably and proportionately at all times. I assure noble Lords that guidance to the field on action that can be taken in connection with the slaughter of vaccinates—such as identification, bringing machinery on to farms, valuation or disposal—will specify that such action must not stray beyond what is reasonable.
Amendment No. 198 would remove the provision requiring Ministers to pay compensation for slaughtered vaccinates of such an amount as to be prescribed by order. We recognise that setting compensation at market value would significantly increase the likelihood of any future vaccination programme achieving full uptake. On that principle, and without prejudice to any future compensation policy in respect of healthy animals, the Government have decided to specify on the face of the Bill that slaughtered FMD vaccinates will be compensated at their market value as if they had not been vaccinated. Amendment No. 198 is therefore unnecessary. I hope that noble Lords are satisfied with my reply.
In response to the noble Baroness, Lady Masham, the power contained in the Bill is to slaughter to prevent the spread of disease regardless of the intended use of the animal. However, I feel that I have not given her as comprehensive an answer as she would have liked, so I will write to her as soon as possible.
Amendment No. 199 would specify that compensation for animals slaughtered under the powers in the Bill would be 100 per cent. Although the amendment does not specify what the 100 per cent relates to, I presume that it refers to the market value of the animal. As I have just said, the Government have decided to specify on the face of the Bill that slaughtered FMD vaccinates will be compensated at their market value as if they had not been vaccinated. In those circumstances, I hope that noble Lords will agree that Amendment No. 199 is not necessary.
Amendments Nos. 201 and 202 would specify that compensation for all compulsorily slaughtered animals would be 100 per cent of market value before slaughter or vaccination. I have already referred to that point and I hope therefore that those amendments will not be pressed.
Amendments Nos. 204 and 205 would convert the order-making power to specify what level of compensation should be paid for compulsorily slaughtered vaccinates from a negative resolution procedure to an affirmative one. The Government have decided to specify on the face of the Bill that slaughtered FMD vaccinates will be compensated at
their market value as if they had not been vaccinated. I hope, therefore, that noble Lords will not feel it necessary to pursue these amendments.
I apologise for the length of time that I have taken to reply. I have sought to cover all the points made, and I would be grateful if any member whose point I have not covered would tell me now or later, and I will write to them as soon as possible.
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