Bird cull ruling disappointment

The updated rules are designed to be used as a last resort

The RSPCA has voiced its disappointment after the High Court upheld the legality of new rules allowing chickens to be killed by slow suffocation.

An amendment to regulations allows the air supply to infected poultry houses to be cut off in a bird flu outbreak.

Lord Justice Auld rejected a claim from the animal charity that ventilation shutdown was "disproportionate".

After the ruling, the RSPCA said it still opposed the method which caused "substantial suffering and distress".

Last resort

Ventilation shutdown was allowed under an amendment in April 2006 to the Welfare of Animals (Slaughter and Killing) regulations 1995 in "exceptional circumstances".

The RSPCA argued the new rules were incompatible with a 1993 European directive designed to protect animals from excessive suffering "at the time of slaughter or killing".

Lord Justice Auld, sitting at the High Court in London, said the directive was aimed at sparing animals "avoidable excitement, pain and suffering".

The government has removed the urgency to plan and prepare resources to use humane methods David Bowles RSPCA

However, it could not "guarantee absence of all such discomfort" if the slaughter was being carried out as a last resort.

The judge said: "The practical difficulties of providing an all-purpose method - or variety of methods - of ventilation shutdown, so as to provide a guarantee of no distress, pain or suffering when meeting an emergency in all circumstances and countrywide are so obvious as to demonstrate the unreality and imbalance of the RSPCA's case."

Global guidelines

Reacting to the decision, RSPCA head of external affairs David Bowles said: "The RSPCA is disappointed with the outcome of the review, and continues to strongly oppose the use of ventilation shutdown, on the basis that it would cause substantial suffering and distress to birds.

"By listing ventilation shutdown as a lawful method of killing, the government has removed the urgency to plan and prepare resources to use humane methods."

At the time the rules were changed, animal welfare group Compassion in World Farming said ventilation shutdown was not among the disease control methods recognised by World Animal Health Organisation guidelines.

The Department for Environment, Food and Rural Affairs said the technique would be used only if no other method was possible.