Transmissible Spongiform Encephalopathies Regulations 2006

My Lords, I am grateful to the noble Countess, Lady Mar, for bringing these regulations to the attention of the House tonight. She has explained and gone into her concerns in great detail. I do not propose to repeat all that she has said because that would make this a very long session, but I do thank her. I have questions for the Minister on two particular issues she has raised. First, in her contribution, the noble Countess asked why TSE researchers in Edinburgh, such as the Moredun Research Institute, are refused information about which scrapie strains have been used as a basis for the design of the national scrapie eradication plan. We should have an answer to that. Secondly, we should seek clarification from the Minister on the qualifications that would be required of the inspectors. I apologise for my voice, as well. When the 2002 TSE regulations were debated, concern was expressed that they were over-prescriptive. The Minister restated the Government’s confidence that these regulations were appropriate, but I question that again tonight. The issues raised by the noble Countess reinforce that. She inquired again of the Minister if he is confident about the soundness of the science on which decisions are being taken. I am sure the Minister would agree that atypical scrapie is a sporadic eruption of the disease that can occur in even the most resistant genotypes. I understand that knowledge of it is still growing, but that it is still incomplete. It does, however, happen where there is no connection by breeding or any other occurrence of the disease. While the atypical disease has similarities to classical scrapie, it is not necessarily precisely the same, hence its title ““atypical””. I would like the Minister to comment on that. I shall turn to the nitty-gritty of these regulations. On Regulation 17(1), how is an inspector to know when or whether domestic premises are being used in connection with these regulations? If entry is going to be made, I presume, although I did not see it, that a warrant would be obtained first. In all the other regulations we have talked about, a warrant is normally sought when entry is to be made into a domestic dwelling. Could I have it confirmed that this is also appropriate here? On Regulation 22, how can Defra justify penalties of this magnitude in the face of the Prime Minister’s announcement 10 days ago that he will introduce fines of up to £1,000 for assault or harassment of NHS staff, when here there is a possibility of a prison sentence as well? In Regulation 1(1) of Part 1 of Schedule 2, 1(1) of Schedule 3 and 1(1) of Schedule 4, is there any significance in the use of the phrase ““under his charge””, compared with ““under his control”” in the other two? What is the difference? In Regulation 6(3) in Part 1 of Schedule 2, why is the charge to be met by the occupier if the no-test could relate to a sample that cannot be tested for any reason, as in Regulation 5(3) in the same schedule? At page 17, paragraph 2, does the,"““determination of whether or not””," mean the same as ““confirmation that””, and if not, will the Minister explain how one determines a suspicion? At page 29, paragraph 6(2), which deals with compensation, would the valuer’s fee have to be paid by the owner, even where the suspect feed had been contaminated before it was delivered to the owner? Would it have to be paid by the owner even if it were proved after the slaughter of the animal that the inspector’s belief that the feed was contaminated was erroneous? I turn to page 19 and ask the Minister to look at the compensation table. It was only the 10 February that we passed that statutory instrument. The noble Baroness, Lady Farrington, was the Minister who responded at that time. I raised the question of why pedigree beef animals at the younger age received no compensation when clearly in all other sectors at that age compensation was paid. I raised it in the debate then on 10 February but I have had no word at all from the department. I would expect that the matter could be clarified tonight. I fail to understand why a pedigree animal does not qualify for payment. It is beyond me. I beg to support the Minister in the questions that she has raised tonight.