The Regulations referred to (viz. the Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015), which came into effect on 1 April, do not materially alter the policy of my Department in relation to the TB eradication scheme. I would also like to stress that the Regulations were the subject of consultation with all of the farming organisations.
The reasons for introducing the regulations were twofold. In the first instance, the old TB Order dated from 1989 and had been amended on a number of occasions in the interim. Therefore, it was necessary to codify, modernise and update, in legal terms, the legislation underpinning the TB Eradication Scheme. Secondly, following enactment of the Animal Health Welfare Act 2013, it has been necessary to replace various statutory instruments made under the statute which it has replaced (i.e. the Diseases of Animals Act 1966). The TB Order of 1989 was one of the statutory instruments which had to be replaced in this context.
The Regulations provide a legal underpinning of a number of elements of the TB Programme which have been implemented administratively up to now. This is particularly the case in relation to the on-farm valuation compensation scheme which had been implemented on an administrative basis over the years but is now being put on a legal footing for the first time. The new Regulations also provide a legal basis for the existing “farmer pay” testing arrangements which have been agreed with the farming bodies for many years.
I am satisfied that the new Regulations will not have any negative impact on general farm husbandry. The position is that the new regulations do not impose any new restrictions on the veterinary treatment of animals. As I explained in reply to a Parliamentary Question on 31 March, it is established practice that the test notification letter which my Department issues to farmers about 6 weeks in advance of the deadline to test advises the farmer to avoid giving routine treatments in advance of the test. The reason for this is to avoid (i) the risk of inadvertently interfering with the test result and (ii) treated animals having to be retained on farms to comply with the post-treatment withdrawal period, thereby prolonging the restriction period. This approach is in line with the key objectives of the Scheme, which are to have reactors removed from the farm as quickly as possible to minimise the restriction period and minimise risk of in-herd spread of the disease.
I would, however, like to emphasise that a number of mechanisms are built into the arrangements to facilitate farmers in treating their animals. Firstly, farmers are permitted to carry out urgent treatments, including for animal welfare related reasons and this is made clear in the test notification letter. In addition, provision is made for farmers to bring forward the test date in order to facilitate their routine treatment schedules. Provision is also made to address circumstances where a farmer finds it necessary to postpone a test because of particular circumstances.
