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Lord Whitty: I, too, am glad to concur with the noble Countess on this point. The word "knowingly" does not cover "inadvertent". It means knowingly doing something which could infect animals and is pretty close to deliberate infection. That is a very serious misdemeanour and, as my noble friend Lord Carter said, potentially it endangers the livelihood of thousands of farmers. It is a very serious offence.

The other concerns as regards Amendment No. 302 are also not valid. There is the reference to "any animals", for example, which the noble Lord, Lord Plumb, was extending to include dogs and cats. The provision relates to animals as defined in the 1981 Act, which are cattle, sheep, goats, swine and other ruminants. It probably includes elephants. Therefore, it does not include dogs, cats and goldfish. It could include farm animals which are kept as pets, but that is a different issue which is dealt with by some of the other amendments with the exception of household pets. Since normal household pets are largely excluded, we are really talking about sheep and calves which are kept as pets. They are susceptible to the disease and they are largely handled by people who also handle other animals. I believe that the exclusion of pets could be a dangerous loophole in the disease control mechanisms. Therefore, I am not prepared to accept the restrictions which are required by a number of the amendments.

The noble Lord, Lord Plumb, referred to the sentence. Clause 11 refers in the first instance to a sentence not exceeding six months, which is the maximum, and disqualification as regards very serious offences which spread the disease. I believe that disqualification is appropriate and it is also appropriate not to review it within one year. If I understood the noble Lord correctly, he was referring

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to driving licences. Normally, they are suspended for one year and the suspension is not reviewed in that period. In some ways it is an even more disastrous offence to spread disease. Disqualification for one year is appropriate and I do not see any reason to reduce it.

I believe that the noble Lord went as far as Amendment No. 308. My remarks relate to those amendments.

Lord Plumb: I thank the Minister for that response. In particular, I thank the noble Countess, Lady Mar, for her remarks. If she or anyone thought for one second that I was defending the indefensible—namely, people who may misbehave by disobeying the law and introduce this horrible disease into their own premises—perhaps I may disabuse them because there is nothing further from my mind.

The reason for tabling these amendments is to try to determine the dividing line between the odd characters who may commit these crimes and the reality for those who unknowingly get into this situation. That is the intention of the amendments rather than trying to protect those who deserve to be brought before the courts. I thank the noble Lord, Lord Livsey, for his comments in that direction which relate very much to that issue. In the light of the comments which have been made and the Minister's response, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 303 to 309 not moved.]

9.30 p.m.

Lord Livsey of Talgarth moved Amendment No. 310:


    Page 9, line 17, at end insert—


"( ) The Minister shall make orders for the eradication and prevention of the above diseases—
(a) subject to a named institution; and
(b) subject to no order being made unless laid in draft before, and approved by a resolution of, each House of Parliament."

The noble Lord said: I have a specific reason for moving this amendment. It refers to Schedule 2A, which contains a long list of specified diseases ranging from foot and mouth disease and swine vesicular disease through to diseases like Newcastle disease and highly pathogenic avian influenza.

The purpose of the amendment is to ensure that the Minister concerned should,


    "make orders for the eradication and prevention of the . . . diseases",

set out in the schedule,


    "(a) subject to a named institution; and


    (b) subject to no order being made unless laid in draft before, and approved by a resolution of, each House of Parliament".

A similar amendment was discussed last night when mention was made of a named institution. I have a few important points to make in this regard.

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Members of the Committee may remember that we had quite a long and rather esoteric debate last night regarding foot and mouth disease, different strains of the disease, how it might be spread, and the types of buildings involved. I am extremely concerned about the position of a centre of great excellence in this respect in Pirbright; indeed, I believe it still to be an excellent outfit. However, it has been underfunded over many years and has declined in its status as a world reference centre for the study of diseases.

Many unanswered questions remain, for example, about the strains of foot and mouth disease and about the way that they behave. In my view, insufficient research has been carried out; and, indeed, during the 1980s, we had a culture of near-market research. Therefore, if we are talking about eradication and prevention of the disease, it is important for sufficient funding to be made available to enable us to establish another centre of excellence, like Pirbright, which could deal on a world-wide basis with these diseases to ensure that they do not enter this country. Indeed, if some of those diseases listed in Schedule 2A were to arise in this country, it would be the end for our livestock industry in many cases.

We know that some of the strains of foot and mouth exist in certain countries. It would be the function of that named institution, which already carries out such work, to study those strains. If we know that the current strain within certain regions of the world is likely to enter the United Kingdom, its characteristics would be known. Indeed, measures could be taken to ensure that, if it came into this country, the research institution could have in place specified ways to tackle such diseases. That would assist the Government in ensuring that the right measures are put in place. Before the particular strain of foot and mouth disease arose in this country, we did not know that it affected sheep more than any other livestock. Many questions were raised last night as to why pigs were not infected. Some noble Lords pontificated as to why that was the case.

In countries where these strains are rampant there is much knowledge that could be utilised to ensure that, should such strains arrive in this country, we would be ready to deal with them. I am really making a plea for such a named institution, especially the one in Pirbright, to be given the necessary assistance and the additional staffing to enable it to carry out a very important function.

The overall cost of the recent foot and mouth outbreak was, I believe, in the order of just over £5 billion. It would be a good investment to have a real centre of excellence that could anticipate what may happen in this country. That would save everyone—farmers and taxpayers—not only much heartache but also much money, which could be far better used. This is a question of a relatively small investment for a

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named institution of excellence, which would assist us greatly in relation to animal health in the United Kingdom.

Baroness Byford: I suspect—

Lord Livsey of Talgarth: I beg to move.

Baroness Byford: I do apologise to the Committee. Such was my keenness to support the noble Lord's amendment!

I suspect that the Minister may not agree to the noble Lord's amendment but I hope that he shares our concern that enough money should be given to research and development and that there should be places of excellence. Members of the Committee will remember that yesterday I discussed the position regarding the facility at Edinburgh University, which has been under threat. We had a meeting about that in the House earlier this summer.

I should have thought that the Government would want to take on board anything that could help to prevent infectious diseases and produce better ways in which to control them or help us to come up with better vaccinations.

Another concern—this involves the future, not simply today's problems—is that if global warming is going to happen, more exotic diseases may come into this country. That reinforces the argument of the noble Lord, Lord Livsey. If that happens, I suspect that it would mean that we should see on these shores diseases that had not previously been here. I make this short contribution to underline the sensible approach of the noble Lord, although I suspect that unfortunately the Minister may not respond as favourably as I have done. I wish the noble Lord well.

The Countess of Mar: I, too, wish to support the spirit of the amendment although, like the noble Baroness, I fear that the wording will not be acceptable. There has been a terrible cutback in veterinary training. The Centre for Tropical Veterinary Medicine has been threatened with closure. That would be a disastrous loss to the United Kingdom.

I shall never forget, during the aftermath of the Gulf War, that when I asked questions about dead animals in the desert, that school came to my rescue by showing that some of the animals had been licking batteries but not those that were in the desert and that those dead animals were not infected with anything.

A senior member of Pirbright, Professor Kitching, has gone to Canada because the facilities at Pirbright no longer provided him with the outlet that he needed. He was an expert on foot and mouth disease. That is another disaster and a great loss to the British veterinary services. If the Minister did another cost-benefit analysis, it would show the huge costs not only in monetary terms but also in souls that the foot and

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mouth outbreak has caused. It would pay Her Majesty's Government to resurrect our wonderful veterinary history.


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