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Labour faces further scrutiny of its record on animal welfare after a high court judge allowed permission for a challenge to the legalisation of the harmful practice of carrying chickens by their legs.
The practice, which causes distress and injuries to chickens, was forbidden under European regulations but a statutory instrument, laid by the environment secretary, Steve Reed, came into force on 22 July allowing it in England, Wales and Scotland.
Despite previously being illegal, handling chickens by the legs during transport-related operations was already widespread, according to the Animal Law Foundation. But it said the government should have responded by stamping it our rather than legitimising it.
Morgane Speeckaert, an advocacy and communications officer at the charity, said: “This welfare law was in place for the protection of chickens and if the government was able to so clearly ignore it, or even worse, dilute it, it sets an unsettling precedent. The government quietly weakened the few rules that exist to protect chickens rather than tackle the enforcement problem.
“When the UK left the European Union, the public was promised higher animal welfare standards as a benefit – now the opposite is happening. We are delighted that the judge agrees with us and has granted us permission to proceed.”
The Animal Law Foundation says that handling chickens by the legs causes significant pain and distress, and injuries such as fractures and dislocations. When chickens are inverted they can suffocate, as their internal organs begin to crush their lungs, which are not protected by a diaphragm, the charity says.
It claims that the consultation carried out before the law was changed did not meet the requirement of fairness. It says the government had made clear its intention, in effect prejudging the issue, and did not allow proper consideration of various issues, including the welfare detriment to chicken, nor present enforcement as a solution to the issue of the industry not following the law.
In July, campaigners criticised Labour for failing to implement any of its animal welfare pledges a year after taking office and at the same time changing the law with respect to handling chickens and turkeys – described as the first weakening of animal welfare regulations since Brexit,
European Transport Regulation 1/2005, which until recently applied in the UK, states: “It shall be prohibited to … lift or drag the animals by head, ears, horns, legs, tail or fleece, or handle them in such a way as to cause them unnecessary pain or suffering.”
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However, government codes of practice permitted the action, causing confusion. When the Animal Law Foundation challenged the codes of practice as unlawful the government changed the law via the statutory instrument, which said the wording in European Transport Regulation 1/2005 prohibiting handling by the legs “does not apply” to chickens as well as turkeys weighing less than 5kg.
The government’s response to the consultation recognised that “there is much evidence to suggest that upright catching by the body is the optimum handling method to directly minimise welfare harms”. However, it said a transition to upright catching may not be feasible in commercial settings, citing cost implications as one reason.
A Department for Environment, Food and Rural Affairs spokesperson said: “All farm animals are protected by comprehensive and robust animal health and welfare legislation, and we’re committed to upholding the highest animal welfare standards.”
