Chamber and committees

I move that the Rural Affairs and Islands Committee recommends that the Welfare of Farmed Animals (Scotland) Amendment Regulations 2024 be approved

The fact is that we still consult with stakeholders ahead of compiling the guidance. Working with stakeholders, animal welfare agencies and the farming community on what should be in the guidance is very much a consultative process that officials undertake.

I suppose that the difference between a code and a guidance document is that, although we give the committee notice of a guidance document—you would have had sight of it in November—it does not have to undergo parliamentary scrutiny in order to be applied. As you will appreciate, we are under a great deal of pressure in terms of timing and the work programmes of committees. We also want to be able to be fleet of foot when it comes to updating or changing guidance.

The instrument allows us to swap out an outdated document for a new, updated one, and to do that reasonably quickly, so that people have the right information when they are farming their animals.

My predecessor, Màiri McAllan, took forward this change when she was minister in this portfolio. She set out the rationale for the change in policy to the committee in terms of changing from a code to guidance.

The reason for it is to make the process more streamlined and quicker. It takes time for codes to go through a process that requires parliamentary scrutiny and there might be situations in which pressing updates concerning animal welfare need to be applied quite quickly, so that decision was made. With the guidance, we are not going to remove any of the consultation or work with stakeholders.

I imagine, convener, that you have looked at the guidance that we are talking about. It is very straightforward. It is advice on how animals—pigs, in this instance—should be treated, on the conditions that they should be kept in and on everything else in relation to their welfare that should be adhered to. It is not so much a change in policy, because the policy is in the Animal Health and Welfare (Scotland) Act 2006 and the Welfare of Farmed Animals (Scotland) Regulations 2010. There is no change in policy—it is really just a change to guidance.

I am not entirely sure that it is a case of power. We are talking about guidance here, not about policy change.

Yes, but consultation still happens. The decision to change from codes to guidance has already happened. Today, we are just adding another document to the guidance and removing the outdated code.

I will always appear before the committee if members have concerns about anything in my portfolio. I am not going to sit here and say that I would come to the committee only if there were a formal reason to do so. If you have concerns about guidance, I will come. I hope, however, that that will not happen and I do not think that it will happen because future changes to the guidance will be made in consultation with all stakeholders well in advance of its being changed or published.

Convener, I have read out the wrong motion. I will revise what I said. I apologise for that mistake

Motion moved,

That the Rural Affairs and Islands Committee recommends that the Code of Practice for the Welfare of Pigs (Revocation) (Scotland) Notice 2023 be approved.

Motion agreed to.

I do not have a further opening statement to make. I think that I included everything in my original statement.

The purpose of the draft Welfare of Farmed Animals (Scotland) Amendment Regulations 2024 is to amend the Welfare of Farmed Animals (Scotland) Regulations 2010 to put a statutory duty on persons who are responsible for looking after farmed pigs to be acquainted with our new guidance for the welfare of pigs. Among other things, the 2010 regulations require that persons who are responsible for farmed animals be acquainted with any relevant animal welfare guidance and have access to that guidance while attending to such animals. Non-compliance with those requirements is an offence.

Each time a new guidance document is published or revised, reference to that new document must be added to the definition of animal welfare guidance in the 2010 regulations. The draft regulations before the committee do just that. The new guidance for the welfare of pigs was published in November last year. The purpose of the draft regulations is simply to add the new pigs guidance to the definition of animal welfare guidance in the 2010 regulations. The purpose of the revocation notice that is being considered today is simply to revoke the existing but outdated code of practice for the welfare of pigs.

The combined effect of the notice and the regulations will be that the old pigs code of practice will no longer be in force and that the requirements that had been in force in relation to that code will now apply in relation to the new pigs guidance.

I am happy to take any questions that members have.

Yes.