Chamber and committees

The Scottish Government is working with the UK Government to develop Guidance for the decapod welfare at time of killing. In order to inform the development of this Guidance we have collectively met with industry bodies including Seafish, the Shellfish Association of Great Britain (SAGB) and other organisations which developed an industry Code of Practice for handling and despatch of decapods, as well as with NGOs including Crustacean Compassion.

The Scottish Government is working with Defra and the Welsh Government on producing guidance on the welfare of decapods at the time of killing. We are also committed to undertaking a gap analysis in partnership with Defra to identify knowledge and evidence gaps, reviewing current evidence and to continuing our engagement with relevant stakeholders to explore how best to improve decapod welfare.

There are currently no statutory or regulatory measures protecting decapod welfare during transport within and from Scotland. In its statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 the Scottish Government committed to undertaking, in collaboration with Defra and other devolved administrations, a gap analysis to identify the specific welfare challenges faced by decapods (including live transportation), what evidence there is to inform potential solutions to these challenges, and where further research may be needed.

The Scottish Government will consider the case for developing statutory codes as part of the wider work and commitment to undertake a gap analysis and wider evidence-based review to inform future measures to protect decapod welfare.

To date, no consideration has been given to the introduction of such a code. The Scottish Government has, however, committed to continue to examine the evidence and need for future measures, regulatory or otherwise, to improve the welfare protections for decapods.

The Scottish Government takes the welfare of farmed fish seriously and expects full compliance with legislation, quality assurance schemes and industry standards.

The Animal and Plant Health Agency (APHA) is operationally independent and has a range of enforcement tools available. Enforcement decisions are made on a case-by-case basis, taking account of the available evidence and circumstances.

The Scottish Government is committed to supporting continuous improvement in farmed fish welfare. We are progressing the development of official welfare guidance under the Animal Health and Welfare (Scotland) Act 2006 to support APHA's inspection and enforcement activity.

The Scottish Government has recently strengthened its service level agreement with APHA and now requires 10% of the approximately 50 land-based sites to be inspected annually, as well as 10 sea-based sites. This is in addition to demand led inspections carried out in response to concerns raised by either the Fish Health Inspectorate or the public, providing further oversight of fish health and welfare.

I recognise concerns that have been raised regarding fish mortality and the significant amount of investment made by producers of farmed fish to understand and mitigate these challenges. It is clear mortality must be driven down to the lowest possible level, and the sector must continue to improve public confidence and public understanding of its practices.

The Scottish Government takes the welfare of all animals extremely seriously at all stages of their lives. The killing of surplus chicks which are less than 72 hours old, and embryos in hatchery waste is regulated by Schedule 11 of The Welfare of Animals (Slaughter or Killing) Regulations 1995 ("the 1995 Regulations"). The 1995 Regulations permit only three methods of killing, which the Scottish Government considers to ensure the welfare of the chicks during the killing process:

• Use of a mechanical apparatus producing immediate death;
• Exposure to gas mixtures; or
• Dislocation of the neck.

Under the 1995 Regulations any mechanical apparatus used must be used by a skilled operator and be designed so as to produce immediate death without any unnecessary suffering caused to the chicks.

The current methods of killing chicks, such as Maceration/Instantaneous Mechanical Destruction, are considered to be acceptable by the Humane Slaughter Association and we will continue to work with industry to ensure that the current regulations still meet their objectives.

Very little routine killing of male chicks takes place in Scotland, with the main commercial hatcheries supplying Scotland’s egg industry being located in England. The current methods of killing chicks, such as Maceration/Instantaneous Mechanical Destruction, are considered to be acceptable by the Humane Slaughter Association and we will continue to work with industry to ensure that the current regulations still meet their objectives.

The Scottish Government has undertaken two consultations on the issue of phasing out cages for laying hens. The first, a Scotland-only one, which took place in 2024, is currently being analysed and results will be published in the coming months. The second, conducted jointly with DEFRA and the Welsh Government received over 39,000 correspondence and will be published in due course.

It was a Programme for Government Commitment to consult on the phasing out of cages for gamebirds and it remains our intention to consult on that issue in due course.

The Scottish Government has not made an assessment of the practices by other countries or jurisdictions. The current methods of killing chicks, such as Maceration/Instantaneous Mechanical Destruction, are considered to be acceptable by the Humane Slaughter Association and we will continue to work with industry to ensure that the current regulations still meet their objectives.