The Animal Welfare (Livestock Exports) Act 2024 received Royal Assent on 20 May 2024. It was introduced by the previous government to the House of Commons on 4 December 2023 as a bill to make provision to prohibit the export of certain livestock from Great Britain for slaughter outside the British Islands. Second reading took place on 18 December 2023 and committee stage, consideration and third reading took place on 15 January 2024. The Bill was passed unamended by the Commons.
Introduced to the House of Lords on 16 January 2024, the Bill passed its Lords stages unamended. Second reading was on 21 February 2024 and committee stage on 14 March 2024. Report stage and third reading were held on 8 May 2024.
Sections 2 to 4 (dealing principally with enforcement),and sections 6 and 7 came into force at Royal Assent on 20 May 2024. Sections 1 (prohibition on livestock for slaughter) and 5 (repealing certain provisions on horses) will come into force on a date to be set by regulations made by the Secretary of State in England and Scottish and Welsh Ministers.
What does the Act do?
The previous government said that the UK’s departure from the EU gave it the freedom to implement such a ban. The Conservative Manifesto for the 2019 General Election included a commitment to control the live exports of livestock.
The provisions in the Act progress those that were included in the Animal Welfare (Kept Animals) Bill to end the export of livestock for fattening and slaughter. To criticism from animal welfare organisations, the then government said in May 2023 that it would not pursue the Kept Animals Bill but would implement various measures separately. Those organisations welcomed the new bill but urged the government to deliver its proposals quickly.
Live animals have long been exported to EU countries from the UK for breeding, fattening, and slaughter. There have been long running campaigns, including the RSPCA’s Stop Live Exports campaign, to end such exports. This reflects concerns that animals transported to Europe suffer from unnecessarily long journeys, experiencing stress, exhaustion, thirst and rough handling.
Although, for practical reasons, the last exports for fattening or slaughter were in December 2020, the Act bans them permanently. It makes it an offence to send, transport, organise transport for (or attempt to do so) livestock exports. This applies to the transport of livestock from or through Great Britain for fattening and slaughter outside the British Islands. The ban applies to a range of livestock including cattle, horses, sheep, goats, pigs and wild boar, but not poultry. The ban does not apply to exports for breeding. Live exports will still be permitted in some circumstances, including racehorses exported for breeding and races.
The provisions do not apply to Northern Ireland and journeys within the island of Ireland are not covered. However, provisions ban journeys transiting through Great Britain to a destination outside the British Islands, for example banning those that begin in Northern Ireland or EU Member States such as the Republic of Ireland, and transit through Great Britain and are destined for a country or territory outside the British Islands.
The then Opposition (Labour) welcomed previous provisions in the Kept Animals Bill, which it said had included many of its policies on animal welfare. Whilst supporting the Animal Welfare (Livestock Exports) Bill at Second Reading, shadow ministers criticised the delay in introducing a ban on livestock exports for slaughter and the lack of progress on other animal welfare measures such as trophy hunting.
The ban on exports may need to be defended against World Trade Organisation rules which require countries to apply non-discriminatory rules ( ‘most favoured nation’ rules) to trade. Case precedents indicate that exceptions under WTO rules may apply to ethical and animal welfare provisions, however this issue is not clear cut. Challenges can only be bought by other signatory countries. There has been no indication as to whether other countries may wish to challenge the government over the Act’s measures.