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Written Answers

Answers received between Wednesday 23 July and Monday 28 July 2008

Agriculture: Sheep

Baroness Quin asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): There is no specific assessment for Northumberland. A draft partial regulatory impact assessment for England on sheep and goat electronic identification was produced in December 2006 and further updated in November 2007. Details are available on the Defra website.

Baroness Quin asked Her Majesty’s Government:

Lord Rooker: The European Parliament discussed electronic identification of sheep on 19 June as part of its wider discussions on the sheep industry. Discussions were also held on 30 June in the Commission’s Standing Committee on the Food Chain and Animal Health (SCoFCAH).

The discussions held on 30 June were those that secured changes to the annexes of EC regulation 21/2004 which considerably reduce the movement-recording burdens for industry. The regulation now provides for a phased approach to the introduction of individual recording as follows:

no animals to have to be individually recorded on a movement document until 1 January 2011;no animals born before 31 December 2009 have to be individually recorded on a movement document until 31 December 2011; andno animal born before 31 December 2009 and moving to slaughter (directly or via a market) have to be individually recorded on a movement document at all.

Baroness Quin asked Her Majesty’s Government:

Lord Rooker: My right honourable friend the Secretary of State (Hilary Benn) and I met representatives of the sheep industry, including the NFU, on 30 June to discuss electronic identification of sheep.



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Agriculture: Vaccines

Lord Taylor of Holbeach asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): Vaccines based on BCG have variable efficacy and, because they will potentially make cattle react to the current tuberculin test as if they were infected with Mycobacterium bovis (M. bovis), are illegal under EU legislation. Without a test to differentiate infected from vaccinated animals (a so-called DIVA test), cattle from vaccinated herds would be indistinguishable from infected animals and would lose their officially tuberculosis free (OTF) status. When work started on vaccines in 1998, following recommendations made in the Krebs report (1997), it was expected that a non-BCG vaccine would be a candidate and research was conducted in parallel with human vaccine work. However, suitable non-BCG candidates have not been forthcoming for cattle or humans and, from 2005, work effort was concentrated on the identification of suitable antigens/adjuvants to improve the efficacy of BCG, which largely depended on the sequencing of the M. bovis and BCG genomes in 2001, and the development of a DIVA test.

Research by its nature takes time. This is compounded by the fact that bTB is a slow-moving disease and animal experiments take a long time to complete. To date no suitable antigen/adjuvant candidates have been identified. Therefore, we are progressing the work necessary for a market authorisation (required under the Veterinary Medicines Regulations) for the use of BCG in cattle and to achieve EU accreditation of the associated DIVA test. Experimental efficacy and safety studies for BCG have already been completed. Additional funding over the next three years will enable us to continue developing DIVA tests, evaluate the duration of sensitisation of cattle to the tuberculin skin test and conduct BCG field safety trials.

In addition to the science, wider acceptability, practicality, trade and legal issues impact the timing of the delivery of a licensed product. We have initiated discussions and will be working closely with the Commission and other member states to minimise the time required to make the necessary changes to allow the use of cattle vaccines for TB and to get the DIVA test integrated into the trade legislation. At this stage it is not possible to say how long these negotiations will take and success cannot be guaranteed.

Lord Taylor of Holbeach asked Her Majesty’s Government:



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Lord Rooker: The earliest a fully licensed injectable vaccine could be available is projected as 2010. However, due to the costs associated with trapping badgers for vaccination, it is not likely to be used on a widespread basis.

The earliest projected date for the widespread use of a BCG oral badger vaccine is 2014. The oral vaccination route is not supported by a proven technology for delivery of BCG, and the difficulties of ensuring that the live vaccine can survive passing through the stomach and be adequately absorbed by the intestines make developing it a much more complex task than the injectable BCG vaccine. Scientific research by its nature takes time. While the programme of research has been designed to minimise the time required to deliver licensed vaccines, a significant proportion of the work can be addressed only sequentially. For example, the majority of safety and efficacy studies required for licensing an oral badger vaccine must use the final formulation and therefore cannot start until this is available. Additional funding will not result in a vaccine being available sooner but will allow further effort to be focused on addressing areas of scientific and policy uncertainty in an attempt to prevent the timeline from slipping. As with all research, there can be no guarantee of success.

Development of a vaccine against bovine TB, the causative agent of which is the bacterium Mycobacterium bovis, in badgers is fundamentally different and cannot be compared to the development of the vaccine against the bluetongue virus.

Lord Taylor of Holbeach asked Her Majesty's Government:

Lord Rooker: We have initiated discussions and will be working closely with the Commission and other member states to minimise the time required to make the necessary legislative changes to allow the use of cattle vaccines for TB. At this stage it is not possible to say how long negotiations will take.

Armed Forces: Pensions

Lord Thomas of Gresford asked Her Majesty’s Government:

The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Hunt of Kings Heath): We will write to Lord Morris of Manchester and the Royal British

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Legion and ask whether they are content for us to publish the letters sent to them by the tribunal’s senior president, Sir Robert Carnwath. Once they have responded, I will advise the House.

Bio-energy Infrastructure Scheme

Lord Taylor of Holbeach asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): With the exception of straw, biomass derived from food crops is not eligible for support under the scheme. Eligible energy crops are not required to be grown on land that is unsuitable for food crops. Of the 29 projects supported under round 1 of the scheme, 15 use only biomass from woodlands, urban trees and sawmills, seven use only purpose-grown energy crops and the remainder use a mixture.

Bovine Tuberculosis

Lord Taylor of Holbeach asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): Defra project SE3026, “Bovine TB Transmission in Restocked Herds: Risk Factors and Dynamics”, took advantage of the depopulation caused by the 2001 foot and mouth disease (FMD) outbreak and the need to restock herds following the epidemic to consider and identify risk factors associated with the introduction and transmission of bovine tuberculosis. This work was completed in 2006. While restocked herds appeared to be at risk immediately after FMD, both restocked and non-stocked herds had similar bovine tuberculosis incidence during the whole study. The significant associations between herd breakdowns and farm management practices were: purchasing steers, purchasing cattle from markets (versus private sales), increasing herd size, storage of manure in enclosed places compared with storing in the open or spreading immediately, and not feeding supplementary minerals and vitamins. The final report is available on the Defra website.

Additionally, an in-depth outbreak investigation by the Veterinary Laboratories Agency into a series of 31 cattle herds that suffered confirmed bovine tuberculosis incidents in the north-east of England between January

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2002 and June 2004 showed that, in all but one of those breakdowns, the most likely source of infection was one or more purchased animals. Nine of the herds in that case study had been restocked under the FMD outbreak of 2001.

The Independent Scientific Group on Cattle TB (ISG) used the nine-month suspension of tuberculosis cattle controls during the 2001 nationwide epidemic of FMD as an opportunity to further evaluate the link between M. bovis infections in cattle and badgers. It found a significant association between the suspension of cattle tuberculosis controls and an increase in the prevalence of M. bovis infection in adult badgers. This rise was observed consistently across all seven proactively culled trial areas. A similar pattern was observed in road-killed badgers, which suggests that the effect was not driven by culling itself. While these observational data do not demonstrate causality, they provide evidence that cattle-to-badger transmission may be an important factor in bovine tuberculosis dynamics. Results are presented in the ISG’s final report, available on the Defra website, and have been published in peer-reviewed scientific journals.

Common Agricultural Policy: Single Farm Payment

Lord Hanningfield asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): The number of farmers that were overpaid under the single payment scheme (SPS) in England was 11,454 in 2005 and 7,493 in 2006. Figures are not yet available for the 2007 scheme year.

Detailed analysis of all payments made under SPS is not yet available and so it is not possible to give figures for the east of England and Essex. Once the remaining scheme payments have been completed, a decision will be taken on the level of detail that will be published.

The Rural Payments Agency (RPA) does not keep separate data on cases where a top-up payment was required after an SPS claim had been corrected, nor can such data now be readily identified. The RPA retains data on changes in claim values but there is no automatic relationship between these and underpayment data because manual or partial payment may have been made to the claimant.

Department for Environment, Food and Rural Affairs: Agencies

Lord Taylor of Holbeach asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): The measurement of customer satisfaction varies according to the nature of the organisation, its objectives and its customer base. A common scale, with the same criteria, might restrict this flexibility.

The mechanism used by each agency is agreed individually with Defra and improving customer satisfaction is a performance management priority for all the department’s agencies.

Fishing: Dee Estuary

Lord Taylor of Holbeach asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): Section 3(3) of the Sea Fisheries (Shellfish) Act 1967 states the offences and penalties that apply to the Dee Estuary Cockle Fishery Order 2008 (SI 2008/1472) (and other regulating orders). There is therefore no need to restate them in the order itself. Reference is made to Section 3(3) in the Explanatory Note to the Dee estuary order to guide the reader to the relevant offences and penalties provisions.

Flame Retardants

Lord Jenkin of Roding asked Her Majesty’s Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): In 2003, the Environment Agency commissioned a report on the prioritisation of flame retardants for environmental risk assessment. The aim of the study was to assess the use of and risks associated with flame retardants, in particular to identify substances that might require detailed consideration in terms of their possible impact on the environment. It also considered issues concerning substitution of flame retardants. The study noted that little was known about the effects of many of the substances, including those sometimes proposed for use as environmentally friendly substitutes.



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The new European regulation on the registration, evaluation, authorisation and restriction of chemicals (known as REACH) places on industry the responsibility to assess and understand the potential human health and environmental impacts of the substances that it produces in accordance with the principle of “no data, no market”. REACH also has the aim of replacing substances of very high concern, as defined by criteria in the regulation, with suitable alternatives. Industry will have to justify their continued use. These provisions will drive substitution of harmful substances and provide the assurance that the substitutes are less harmful than the substances that they replace. On current evidence, decabromodiphenyl ether (decaBDE) does not meet the criteria of a substance of very high concern.

Lord Jones of Cheltenham asked Her Majesty’s Government:

Lord Rooker: HM Government prepared a detailed environmental risk assessment and two addenda on behalf of the European Commission under the existing substances regulation (EC No. 793/93). The most recent of these is dated October 2007. These reports assess the potential risks arising from all known uses of the substance, including its use in polymers (some of which are used in electrical equipment) and textiles. Medical devices have not been explicitly assessed but would be expected to be covered generically by the assessment of polymer use.


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