The Tuberculosis (Scotland) Order 2023: business and regulatory impact assessment

Summary and Recommendation

Scotland was recognised as being officially TB free (OTF) by the European Commission in September 2009. This status is a unique position within Great Britain and recognises the low and stable incidence of TB and the high standards of animal welfare achieved in Scottish herds.

Defra and the Welsh Government have both recently introduced substantial changes to their respective TB Programmes. Reviewing and updating TB legislation will ensure that policy continues to be fit for purpose, incentivise compliance and best practice, and ensure these policies are financially sustainable in the future.

Maintaining Scotland’s OTF status and reputation for high quality produce is crucial to the continuing success of the Scottish cattle industry. For this reason, the recommended option is:

Option 2 - Introduce changes to TB controls - amend the Tuberculosis (Scotland) Order 2007

Responses to the consultation provided useful feedback on the proposals and gave a clear indication that there is support among the various respondent groups for the changes proposed and the importance attached to maintaining the OTF status by the Scottish cattle industry. That is why a consolidation is being undertaken in May 2023, as well as the following changes:

• Ending the practice of accepting a clear final short interval test at the end of all TB breakdowns as a valid pre-movement test.
• Shortening the period during which a pre-movement test with negative results remains valid, from the current 60 days to 30 days after tuberculin injection.
• Reducing compensation for unclean reactor cattle at slaughter by 50%.
• Including requirements for ‘isolation’ in legislation to ensure that proper isolation of reactors and inconclusive reactors is undertaken.
• Reducing compensation for reactors or IRs which are not properly isolated.

Summary costs and benefits table

Option 1

Do Nothing (Status Quo)

Total benefit per annum:

The current system generally works well, and livestock keepers are familiar with the existing requirements for TB testing and control.

To do nothing would not be in the best interest of the cattle industry as that could potentially put Scotland’s OTF status at risk.

Total cost per annum:

No additional costs or savings are anticipated with this option.

Compensation would continue to be paid at full market value, at the expense of the taxpayer, for all cattle that become diseased even as a result of poor farming practices, and for non-compliance to policies, such as presenting unclean cattle at slaughter or a failure to isolate reactors or animals suspected of being infected.

Option 2

Introduce changes to TB controls and compensation arrangements - amend the Tuberculosis (Scotland) Order 2007

Total benefit per annum:

This option provides the opportunity to:

• End the practice of accepting a clear final short interval test at the end of all TB breakdowns as a valid pre-movement test.
• Shorten the period during which a pre-movement test with negative results remains valid, from the current 60 days to 30 days after tuberculin injection.
• Reduce compensation for unclean cattle at slaughter by 50%.
• Include requirements for ‘isolation’ in legislation to ensure that proper isolation of reactors and inconclusive reactors is undertaken.
• Reduce compensation for reactors or IRs which are not properly isolated by 95%.

Total cost per annum:

These changes will not result in any additional costs to SG. It is difficult to accurately assess what the total savings would be.

The possible additional costs associated with the change to additional pre-movement testing after a clear SIT at the end of a breakdown would be met by farmers predominantly in TB High Incidence Areas. It should be noted that the SIT costs are met by government, and so farmers have been able to avoid this cost by using this government funded test as a pre-movement test, where they would normally have to meet the cost. It has not been possible to quantify the numbers of cattle likely to be affected by this change or the associated costs, as the figures are variable depending on rates of infection and the number of movements from a HIA.

The majority of farmers abide by the rules and continue to work with Government to maintain low levels of TB in Scotland. The proposed reduction in compensation relating to unclean cattle will save SG money in instances where salvage would be reduced but full compensation would still need to be paid to the farmer. However, savings are likely to be minimal, but delivering measures to challenge non-compliance is sensible.

For the reduction in compensation in relation to reactors or IRs which are not properly isolated, it is also difficult to anticipate costs, as this would depend on farmer non-compliance, which is typically quite low. However, this policy is to mitigate further spread of infection in a herd caused by improper isolation, where costs of compensation would be much higher despite the further infection being preventable. Putting in place these measures to challenge non-compliance is necessary to discourage this behaviour and the associated costs that would arise from it.