Animal Health Act 1981 (Amendment) Regulations 2005

My Lords, I, too, am grateful to the Minister, for his explanation. I accept that the regulations implement the directive, but it is very unfortunate that Defra has put the cart before the horse by publishing this instrument before the publication of those on vaccination and other aspects of the directive. This amends primary legislation in a way that, I understand, is inoperable. The statutory instrument still does not make clear, as the noble Duke said, whether potentially infected premises will be confirmed on grounds other than clinical. During the 2001 UK epidemic there was widespread misdiagnosis of foot and mouth disease, as is apparent from Written Answers to Parliamentary Questions, at considerable cost to the Treasury. To depend heavily for disease control upon clinical diagnosis alone in the event of further incursions of the foot and mouth disease virus would suggest that we have not learned many lessons from the 2001 epidemic. We knew at that time that rapid diagnostic, pen-side tests were available. What progress has been made in field-validating these tests for use in future epidemics? I am pleased that the Government are prepared to exercise discretionary powers in relation to laboratories, zoos, wildlife parks and places keeping rare breeds and other animals kept for scientific research. However, that raises other scientific points of interest. If this discretionary approach is possible, why can the Government not exercise similar powers in other areas, for example, based upon species susceptibility? In relation to alpaca and llama, it is known—and I quote directly from the research paper—that,"““they are not very susceptible and do not pose a risk in transmitting FMD to susceptible animal species. They do not become FMD virus carriers””." Similarly, if a farmer can demonstrate excellent biosecurity over a long period, is there any reason why there should not be an extension of discretionary powers to slaughter, thus enabling the Exchequer to make further savings? There really is a need for a bit more lateral thinking to target the effort, both scientifically and economically.