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Animal welfare - - Making of Animal welfare - - Making of Public Policy and The Role of Public Policy and The Role of

The Supreme Court - The The Supreme Court - The Israeli Experience Israeli Experience

Eran Ettinger, Legal Advisor, Ministry of Agriculture and Eran Ettinger, Legal Advisor, Ministry of Agriculture and Rural Development, IsraelRural Development, Israel

THE ECONOMIC AND TRADE IMPLICATIONS OF POLICY THE ECONOMIC AND TRADE IMPLICATIONS OF POLICY RESPONSES TO SOCIETAL CONCERNSRESPONSES TO SOCIETAL CONCERNS

OECD WORKSHOP 2-3/NOVEMBER 2009 OECD WORKSHOP 2-3/NOVEMBER 2009

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Animal Welfare (Protection of Animal Welfare (Protection of Animals) Act – 1994Animals) Act – 1994

Article 2(a):Article 2(a): A person shall not torture A person shall not torture an animal, be cruel to an animal or an animal, be cruel to an animal or abuse an animal in any way;abuse an animal in any way;

Article 19:Article 19: when issuing regulations, when issuing regulations, the Minister of Agriculture shall take the Minister of Agriculture shall take ““agricultural needsagricultural needs”” into account; into account;

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19971997 - - The Case of "fights" The Case of "fights" Between a Man and an AlligatorBetween a Man and an Alligator

Supreme court: Article 2(a) of the Animal Welfare Act include three components:

A. factual - causing suffering to animals; B. mental - awareness of the nature of the actions;C. legal - absence of necessity. Check is based on 3 components: The purpose, the mean, proportionality between purpose and mean;

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The Supreme Court RuledThe Supreme Court Ruled::

"Fights" between a man and an alligator for amusement purpose are prohibited

The purpose – amusement - doesn’t justify the suffering (even it’s not severe);

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2003 - The Case of force-feeding of 2003 - The Case of force-feeding of geese and ducksgeese and ducks

Raising animals, including Long accepted Raising animals, including Long accepted agricultural practices, falls under the agricultural practices, falls under the provisions of the Animal Welfare law;provisions of the Animal Welfare law;

In every given case, the relevant In every given case, the relevant ““agricultural needsagricultural needs”” should be weighed should be weighed against the suffering inflicted on the against the suffering inflicted on the animal, as well as the type of suffering and animal, as well as the type of suffering and its severity.its severity.

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The Supreme Court RuledThe Supreme Court Ruled::

The Force-Feeding Geese The Force-Feeding Geese Regulations deviate significantly Regulations deviate significantly from the purpose of the law. It has from the purpose of the law. It has given excessive importance to the given excessive importance to the interest of interest of ““agricultural needsagricultural needs”” and and too little importance to animal too little importance to animal welfare. Therefore the regulations welfare. Therefore the regulations are annulled;are annulled;

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20092009 - - The Case of Laying HenThe Case of Laying HenThe egg-laying The egg-laying industry – –

1.1. Covered by an overall planning framework Covered by an overall planning framework [[quotas, guaranteed price for farmers, regulated price for consumers];

2. High percentage of small & not efficient small & not efficient enough growers; enough growers;

3.3. Mostly long-standing enclosures with Mostly long-standing enclosures with insufficient insufficient veterinary, health and environmentalveterinary, health and environmental standards.standards.

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Investment support for relocating Investment support for relocating and rebuilding eggs and rebuilding eggs enclosuresenclosures

Began in 2009.Began in 2009. Original purposes are:Original purposes are:

I.I. Wide-ranging adjustment of veterinary, Wide-ranging adjustment of veterinary, health and environmental requirements;health and environmental requirements;

II.II. A significant enlargement of egg-A significant enlargement of egg-production units;production units;

III.III. Relocation of farms at new areas out of the Relocation of farms at new areas out of the villages in order to enable farmers to villages in order to enable farmers to develop other sources of employment;develop other sources of employment;

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Original purposes [Original purposes [continuationcontinuation]]

IV.IV. Subsidy will be reduced gradually and will Subsidy will be reduced gradually and will come to an end in 2012;come to an end in 2012;

V.V. Reduction of the regulated price for the Reduction of the regulated price for the farmers;farmers;

Total investment in the reform is estimated to be 145 million Total investment in the reform is estimated to be 145 million

EUR (USD 214 million), of which the government will EUR (USD 214 million), of which the government will cover 70 millioncover 70 million EUREUR

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And what about animal welfareAnd what about animal welfare??

The original reform has take into The original reform has take into account the animal welfare aspect account the animal welfare aspect only marginally;only marginally;

NGO’S forced the government to NGO’S forced the government to consider and check seriously the consider and check seriously the necessity of an necessity of an improvement improvement on the on the farm level;farm level;

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Animal welfare at the laying-hen Animal welfare at the laying-hen industryindustry

A professional committee learned and A professional committee learned and checked the common growing systems checked the common growing systems through 6 major considerations – through 6 major considerations –

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Major considerationsMajor considerations

1.1. Welfare of the hens at different growing Welfare of the hens at different growing systems;systems;

2.2. Veterinary aspects - disease prevention;Veterinary aspects - disease prevention;

3.3. Health requirements - eggs pollution;Health requirements - eggs pollution;

4.4. Environmental – pollution of soil & water;Environmental – pollution of soil & water;

5.5. Area size needed;Area size needed;

6.6. Economic aspects - investment needed Economic aspects - investment needed and influence on consumer price;and influence on consumer price;

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Government decisionGovernment decision

Base on the recommendations of the Base on the recommendations of the committee, government decided:committee, government decided:

To see the EU Directive as a guideline and To see the EU Directive as a guideline and reference;reference;

Not to prohibit the use of battery-cages Not to prohibit the use of battery-cages system, but to enlarge the hen’s space system, but to enlarge the hen’s space and add other facilities;and add other facilities;

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Government decision Government decision [[continuationcontinuation]] First stage of the First stage of the improvementimprovement plan would plan would

be implement through incentives be implement through incentives (investment support);(investment support);

Only Second stage by compelling Only Second stage by compelling regulations;regulations;

To wait and learn from the European To wait and learn from the European experience of implementation the EU experience of implementation the EU directive; directive;

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New NGO’S Petition to the New NGO’S Petition to the Supreme CourtSupreme Court

NGO’S applied to the Supreme Court NGO’S applied to the Supreme Court and request to stop the reform till the and request to stop the reform till the parliament will force the government parliament will force the government to legislate regulations that will to legislate regulations that will prohibit battery-cage system.prohibit battery-cage system.

The petition is being arbitrated in these The petition is being arbitrated in these daysdays..

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Comments and QuestionsComments and Questions

The Issue is a typical societal concern:The Issue is a typical societal concern:

Bottom-up process;Bottom-up process;

Strongly moved by lobbing groups;Strongly moved by lobbing groups;

Different ethical views;Different ethical views;

Lack of agreed scientific knowledge; Lack of agreed scientific knowledge;

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Some major QuestionsSome major Questions

What are the pro’s&con’s of each way: What are the pro’s&con’s of each way: improvement of the laying-hen industry by improvement of the laying-hen industry by government incentives or by compelling government incentives or by compelling regulations?regulations?

[Or maybe we have to let the market talk?][Or maybe we have to let the market talk?]

What Is the right arena to take the decisions? The What Is the right arena to take the decisions? The Government? The parliament?Government? The parliament?

What is the right role of the court in policy What is the right role of the court in policy making?making? Process control? Ruling among values? Process control? Ruling among values?