Brexit and Animal Welfare Impact Assessment: Analysis of the Threats Brexit Poses to Animal Protection in the UK, EU and Internationally
Abstract
:Simple Summary
Abstract
1. Introduction
2. A Framework to Investigate the Impact of Brexit on Animal Welfare
- What is the current relationship between the UK and the EU in animal health and welfare policy, i.e., what is the status quo?
- What is the political context of Brexit, i.e., what are the political considerations that are likely to determine the impact of Brexit on animal protection?
- What are the threats and opportunities to animal protection of Brexit?
- What are the threats and opportunities to animal protection of Brexit to different categories of animals?
- What are the threats and opportunities to animal protection of different forms of Brexit?
- What are the threats and opportunities to animal protection of Brexit geographically, i.e., in the UK, the EU and internationally?
- What are the magnitudes of the various threats and opportunities of Brexit?
- How likely are the various threats and opportunities of Brexit to animal protection to materialise?
- All things considered, will Brexit be a net positive or negative for animal protection in the UK, EU and internationally?
3. Assessment of the Threats to Animal Welfare
4. Political Factors
4.1. The European Union Has the Most Progressive Animal Welfare Laws in the World
After we leave the EU on March 29, the UK will have an independent trade policy covering goods and services, we will be able to set our own tariffs, and we will be able to negotiate, sign and ratify new free trade agreements. And among our first priorities is an agreement with the United States.[27]
4.2. Inherent Threats in Massive Political Change
4.3. Brexit Is Motivated and Delivered by the Political Right
I occupied a ringside seat as the Conservatives lurched rightwards under the pressure of an insurgent UK Independence Party (UKIP) and reopened their festering disagreement over Europe, culminating in Cameron’s spectacularly misjudged referendum on the UK’s membership of the EU.(p. 2) [54]
Because legislation does not in the main protect an animal’s life, the owner retains complete discretion to decide for himself whether it should live or die. Legal regulation of the way in which animals are treated therefore continues to be essential in order to offset the otherwise unconstrained property rights of the owner under common law.(p. 102) [61]
If the market has a morality at all, it is not necessarily that of the community, and across a broad spectrum of interests it is considered both legitimate and appropriate to use legislation to offset the extremes of market forces, especially to protect the vulnerable.(p. 109) [61]
4.4. Animal Protection Policies of the Governing Conservative Party during Brexit
4.4.1. Controversial Animal Protection Policies: Fox Hunting and Badger Culling
4.4.2. Progressive Animal Protection Policies: Mandatory Closed-Circuit Television (CCTV) in Abattoirs, Prohibition of Microbead Plastics and Sale of Ivory, and Lucy’s Law
We should be proud that in the UK we have some of the highest animal welfare standards in the world—indeed, one of the highest scores for animal protection in the world. Leaving the EU will not change that. I can assure her that we are committed to maintaining and, where possible, improving standards of welfare in the UK, while ensuring of course that our industry is not put at a competitive disadvantage.[95]
4.5. Major Time Constraints
4.5.1. Live Animal Transport
4.5.2. Trade Negotiators
5. Regulatory Changes
The UK Agriculture Bill
For more than forty years, the EU’s Common Agricultural Policy (CAP) has decided how we farm our land, the food we grow and rear and the state of the natural environment. Over that period, the environment has deteriorated, productivity has been held back and public health has been compromised. Now we are leaving the EU we can design a more rational, and sensitive agriculture policy which promotes environmental enhancement, supports profitable food production and contributes to a healthier society.(p. 5) [108]
6. Economic and Trade Factors
6.1. Brexit and Economic Impacts on Animal Welfare
And the Report is essentially saying that whatever unexpected events happen in the world, the UK is likely be considerably poorer than it would have been if it remained in the EU.(p. 7) [116]
6.2. A Major Threat of Brexit: Importing Lower Animal Welfare Products
Our evidence strongly suggests that the greatest threat to farm animal welfare standards post-Brexit would come from UK farmers competing against cheap, imported food from countries that produce to lower standards than the UK. Unless consumers are willing to pay for higher welfare products, UK farmers could become uncompetitive and welfare standards in the UK could come under pressure.(p. 18) [106]
6.3. Policy Measures to Prevent a Race to the Bottom
Influential voices argue in favour of diluting UK standards in order to facilitate trade deals, unilaterally removing import tariffs and ending farm subsidies. Such moves would lead to UK farmers being undermined by lower welfare imports. If the UK cannot protect them from such imports, farmers may, understandably, resist welfare improvements and may even press for existing welfare standards to be lowered.[131]
7. Institutional and Capacity-Related Factors
Loss of Advisory Bodies and Enforcement Institutions
8. EU and International Factors
8.1. Common Agricultural Policy (CAP) Funding
Because the UK is a net contributor to the EU budget, a net importer of agri-food products from the EU, and punches above its weight in research terms, its withdrawal would have broadly negative effects for the EU farm and food sector.[147]
8.2. Brexit Means Animal Welfare Will Be Weakened in the European Union
8.3. Weakened Animal Welfare Lobby in European Union Impacts Animal Protection Internationally
9. Conclusions
Funding
Acknowledgments
Conflicts of Interest
References
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Factors | Threat | Notes |
---|---|---|
Political | The EU has the most progressive animal welfare laws in the world | Given that the EU has the most progressive animal welfare laws in the world, it is prima facie problematic to claim that leaving it is likely to be positive for animal welfare. |
Inherent threats in massive political change | The scale and magnitude of governance and policy affected by Brexit entails inherent risks. | |
Right-wing nature of Brexit | Politics of the right generally not associated with progressive animal welfare. Small state, deregulation and support for business and industry often conflicts with animal protection. | |
Record of governing party during Brexit on animal protection policy | The Conservative Party is generally not considered progressive on animal welfare. Policy examples are 2017 manifesto pledge for free vote on Hunting Act; support for badger culling in face of scientific and public opposition; and industry self-regulation such as repeal of animal welfare codes and replacement with industry guidance. | |
Major time constraints | Live animal transport delays at EU–UK border due to insufficient time to build border infrastructure. Insufficient time to train experienced trade negotiators to represent the UK in post-Brexit trade deals. Two-year period after giving notice of Article 50 means time has been against the UK negotiating EU divorce agreement. | |
Regulatory changes | UK Agriculture Bill | Government has committed to maintaining Common Agricultural Policy (CAP) level of subsidies until 2022 or end of Parliament. If the Government later reduces subsidy levels it may impact animal welfare. Agriculture Bill has no provision to protect British farmers from the import of lower welfare products. |
Economic and trade | Risk of Brexit to UK economy | Impact assessments reveal all forms of Brexit have negative impact on UK economy. Economic downturns are inversely associated with progressive animal protection reform. |
Import of cheaper agricultural goods produced to lower animal welfare standards | EU regulation and tariffs act as protective fortress for animal welfare. Post-Brexit UK may reduce tariffs to promote trade. Stringent UK laws mean higher production costs and retail prices. Lower tariffs leads to import of cheaper products raised and slaughtered to lower welfare standards, e.g., from US. This is a major threat of Brexit to animal protection and is a far greater risk in a hard Brexit scenario. The threat will materialise with a WTO rules-based Brexit. | |
Institutional and capacity-related | Loss of access to advisory bodies and enforcement institutions | Trade Control and Expert System (TRACES) tracks live movement of animals within EU. European Food Safety Authority (EFSA) is expert body that informs EU Commission on animal health and welfare. European Chemicals Agency (ECHA) and EU Reference Laboratory for Alternatives to Animal Testing (EUL-ECVAM) prevent duplication of testing. |
EU and international | CAP funding | The UK is a net contributor to CAP. Post-Brexit CAP shortfall would need to be made up by other nations to maintain CAP spending levels. This means possible CAP reductions, which may negatively impact animal welfare in the EU. |
Brexit means animal welfare weakened in EU | The UK has been a beacon for animal welfare in the EU. Given the leading role of the UK, Brexit means reduced political influence and potential for reform for animal protection in the EU. | |
Weakened EU impacts animal protection on international basis | A less progressive EU on animal protection means weaker animal protection positions, e.g., when negotiating free trade agreements with third countries. Leads to longer term negative impact on animal protection internationally. |
Progressive Policy | Regressive Policy |
---|---|
Mandatory closed-circuit television (CCTV) in abattoirs | Animal sentience policy related to Article 13 of the Treaty of Lisbon |
Prohibition of microbead plastics in UK | Policy to repeal animal welfare codes and replace with industry-based guidance |
Ban on sale of ivory in UK | 2017 general election pledge to give Parliament a free vote to repeal Hunting Act |
Lucy’s Law to ban the third-party selling of puppies and kittens | Policy of widespread badger culling in England |
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McCulloch, S.P. Brexit and Animal Welfare Impact Assessment: Analysis of the Threats Brexit Poses to Animal Protection in the UK, EU and Internationally. Animals 2019, 9, 117. https://doi.org/10.3390/ani9030117
McCulloch SP. Brexit and Animal Welfare Impact Assessment: Analysis of the Threats Brexit Poses to Animal Protection in the UK, EU and Internationally. Animals. 2019; 9(3):117. https://doi.org/10.3390/ani9030117
Chicago/Turabian StyleMcCulloch, Steven P. 2019. "Brexit and Animal Welfare Impact Assessment: Analysis of the Threats Brexit Poses to Animal Protection in the UK, EU and Internationally" Animals 9, no. 3: 117. https://doi.org/10.3390/ani9030117