Contribution
I thank noble Lords who took part in this short but important debate. As someone who keeps free-range hens—only a small number of them—I am very pleased that noble Lords have supported this SI because it is extremely important to have clarity for the industry on this matter. I thank noble Lords for their pertinent and helpful questions; I will do my best to respond to them all in turn.
On Wales, as the noble Lord, Lord Blencathra, said, the Welsh Government have now indicated that later this month they will lay an SI to remove the 16-week derogation period. Subject to the Senedd’s approval, we expect the regulations to come into force in February this year.
On enforcement, the Animal and Plant Health Agency’s egg marketing inspectors conduct risk-based and random checks on domestic and imported eggs at farms, wholesalers, distribution centres and packing centres. Local authorities also conduct checks at retailer level. The inspections ensure that only free-range eggs are labelled “free-range” during mandatory housing measures.
As to the necessity of mandatory housing measures, I receive regular updates and advice from the Chief Veterinary Officer about all decisions on when to introduce, amend or lift regional or national avian influenza prevention zones, which mandate enhanced biosecurity, and on when to extend them to include housing measures. In fact, I am meeting the Chief Veterinary Officer tomorrow to discuss a number of issues, including this one. Such decisions are always based on risk assessments containing the latest scientific and ornithological evidence and veterinary advice. Restrictions will therefore apply only while the risk remains.
In recent years, as I said earlier, the longest periods of mandatory housing measures being in place were in 2021-22, when it was for 22 weeks, and in 2022-23, when it was for 23 weeks. As I mentioned in my opening speech, the normal laying period of a productive free-range hen in the UK is around 90 weeks, so 23 weeks—the longest period— is actually a short period in that laying hen’s productive life.
Both noble Lords asked about the length of mandatory housing and its impact on the meaning of “free-range”. I fully understand why that question is being asked, but we do not have any intention of reviewing the definition of “free-range”. If we decide to do so, we will need to assess how amending our regulations would affect the UK internal market, our industry and our trade with the EU as our biggest export market.
The noble Baroness, Lady Bakewell, asked specifically about consultation. Defra ran a joint consultation with the Scottish Government. It was open between 9 January and 5 March 2024. This eight-week consultation was held to obtain a comprehensive understanding of the views of the industry and the general public on the intended purpose of the removal of the 16-week derogation period. It was an open consultation run on Citizen Space, and it was published and advertised through a press release and by contacting key stakeholders.
A question was also asked about reducing the risk of confusing or misleading consumers. We are encouraging retailers to place signage where eggs are displayed for sale that informs consumers of the imposition of mandatory housing measures, the impact that this will have on marketing free-range eggs and, notably, that the rest of the free-range criteria continue to be met, except for access to open-air runs. We believe that that kind of transparency will benefit consumers and is in the best interests of producers and retailers. The important thing is to have transparency, so that everybody understands the situation and can make purchasing decisions bearing it in mind.
In conclusion, I hope noble Lords fully understand the need for this instrument. Again, I thank them for their support. We need to enable free-range eggs to be marketed throughout the duration of any government-imposed mandatory housing measure to allow for trade to continue. The removal of this derogation will reduce additional logistical and financial pressure for egg producers, in the event of a mandatory housing measure.
Aligning with the devolved Governments and the EU also ensures that English producers are not put at a disadvantage if mandatory housing measures come into force. When they are put into place, we of course take the welfare of the hens into consideration. As I said before, it affects only a small part of laying hens’ productive life, so we are confident that animal welfare standards will be maintained and that consumers will be assured that the welfare of the laying hens is still a key priority during any mandatory housing measures.
We also must do our part to support our great British egg industry by ensuring that it has a level playing field with trading partners such as those in the EU, which have adopted similar provisions for their free-range egg producers. I hope that I have answered all the questions but will check Hansard to make sure. If I have missed anything, I will respond in writing.