Transparency data

Working protocol between the Home Secretary and the Animals in Science Committee

Updated 5 May 2023

Background and scope

The use of animals in regulated scientific procedures raises ethical, animal welfare and scientific issues. It is essential that animal welfare ethical review bodies, practitioners, policy makers and ministers have access to the best available evidence and advice to inform their interests in this field. For this reason, the Government values the work and independent advice of the Animals in Science Committee (ASC).

The ASC is an independent, non-executive, non-departmental public body set up under Sections 19 and 20 of the Animals (Scientific Procedures) Act 1986 as subsequently amended, hereinafter referred to as “the Act”. The ASC is responsible for providing impartial and objective advice to the Home Office and the Northern Ireland Department of Health, and to the animal welfare and ethical review bodies, on issues relating to the 1986 Act and their functions under it.

This working protocol supports the ASC in discharging its duty under the Act, both to provide advice on matters referred to it by Ministers, and also to consider relevant issues of its own volition. The working protocol also provides a point of reference for those areas of expertise most likely to be relevant to the ASC.

The Home Secretary has entered into this protocol with the ASC, as the Secretary of State who sponsors the ASC as an advisory non departmental public body and discharges the responsibility for making appointments to the body. The Home Secretary will generally delegate responsibilities in this area to a designated Minister, referred to in this protocol as “the Minister”. This document will be reviewed as appropriate.

Engagement

The key principles set out below intend to support effective engagement between the ASC and the Government.

1. The ASC and Ministers are committed to ensuring that the best evidence-based advice is available to Government on the use of animals in science, working together with the common purpose of the effective application of ethical review and the “3Rs” (the Replacement, Refinement and Reduction of animals in research and testing), taking into account the legitimate requirements of science and industry, the protection of animals against avoidable suffering and unnecessary use in scientific procedures, and the Government’s commitments to end the testing of household products (including their ingredients) on animals and to work to reduce the use of animals in scientific research.

2. In discharging their respective responsibilities:

(i) The ASC and its members will work under the Code of Practice for Scientific Advisory Committees ^{[footnote 1]} , incorporating the Seven Principles of Public Life (the Nolan Principles). In particular, the ASC Chair and its members will act in the public interest and observe the highest standards of public office, including impartiality, integrity and objectivity, whilst being accountable through Ministers to Parliament and the public.

(ii) Ministers will continue to work under the Guidelines on the Use of Scientific and Engineering Advice in Policy Making ^{[footnote 2]} and the Ministerial Code ^{[footnote 3]}, which states that Ministers “should have regard to the Principles of Scientific Advice to Government.”

3. In continuing to provide its advice on the available evidence to the Minister:

(i) The ASC will work with best endeavours to the Government’s priorities for the ASC that will be communicated by the Minister in writing at appropriate intervals, including any “in year” requests for advice. The ASC will also consider and take forward work of its own volition which it considers appropriate within available resources.

(ii) The ASC will be guided by the relative priority given by the Minister to each of the specific commissioned areas of work to inform its programme of work, taking into account work that it may wish to undertake of its own volition.

(iii) The ASC will inform the Minister how it intends to take forward commissioned work and will set out putative timelines. With due regard to the ASC’s duty to consider any matter referred to it by the Minister, and matters of its own volition, in the event that the ASC foresees or encounters difficulties in providing advice or prioritising that advice in the manner requested, the Chair of the ASC will discuss the ASC’s reasons with the Minister.

(iv) The ASC will publish its advice concurrent with its presentation to the Minister, unless there are pressing reasons for not doing so. (Such reasons might include, for example, issues of national security or the safety of individuals, prevention of crime or the protection of property (including intellectual property or commercially sensitive information), or other sensitivity of documents or information.)

(v) The Chair of the ASC will report to the Minister on progress against each of the priorities on a six-monthly basis when they meet. It is expected that the ASC’s annual report will reflect the ASC’s on-going commitments and priorities as above. It shall be the duty of the ASC Chair to bring to the attention of the Minister any substantive matter pertaining to the use of animals in science, considered by him/her or the ASC, before making public statements thereof; this is exclusive of those matters under formal consideration by the ASC, whether requested by the Government or of its own volition, where there is an expected publication procedure.

4. In commissioning work of the ASC, the Minister will take account of the ASC’s current work programme, including any work that it is undertaking of its own volition. In continuing to give careful consideration to all of the ASC’s advice:

(i) The Minister will not pre-judge the ASC’s advice in advance of receiving it;

(ii) The Minister should meet with the ASC Chair on a regular scheduled basis, at least twice a year, and either the Minister or the Chair may request additional meetings at other times;

(iii) Before issuing a response, the Minister will give appropriate consideration to the ASC’s advice;

(iv) If the Minister is minded not to accept the ASC’s advice, the Minister will, before making a final decision, offer the opportunity for a discussion with the Chair of the ASC, or nominated representative;

(v) If key recommendations are not to be accepted, the Minister will write to the ASC setting out the reasons for rejection in advance of any public comment by the Home Office on the matter;

(vi) The Minister will look to provide a decision on all ASC recommendations, and to give a response (published subject to the same provisos as the advice itself) within 3 months of receipt. If a response is unlikely to be published within 3 months, the ASC will be informed of the reasons and a prospective date given; and,

(vii) The Home Office will provide the ASC with the resources and support required to carry out its functions under the Act and the programme of work commissioned by the Minister, without in any way constraining the committee in the way it chooses to carry out its work.

Expertise and the Membership

The ASC needs to draw on a diverse range of expertise from within its membership in order to fulfil its duties. The relevant areas of expertise will vary according to issues under consideration at any time. The list below sets out what these are likely to include. This is not, nor is it intended to be, an exclusive or exhaustive list of likely relevant areas of expertise, but will be given due regard when appointments are made to the ASC.

The ASC should inform the Home Office of desired expertise based upon fulfilling the Minister’s and its own work objectives. The Home Office will seek the views of the ASC to inform any recruitment campaign for ASC members before any recruitment process is undertaken. The Home Office Chief Scientific Adviser will advise the Minister on the balance of membership requirements appropriate to the available resource and the need for effective functioning.

For recruitment panels for new members (excluding the Chair), the ASC Chair, or nominated representative chosen from among the membership of the ASC, should sit on the panel. The final decision on appointments remains with the Home Secretary. The Code of Practice for Ministerial Appointments to Public Bodies, including the Seven Principles of Public Life, applies to all appointments to the ASC. All members of the ASC are appointed as individuals on the basis of their expertise, not as representatives of any particular profession, employer or interest group.

While it is likely that most of the expertise required by the ASC to fulfil its remit will be available from within its membership, the ASC is always able to consult, or co-opt, outside experts if for any reason it needs to draw on expertise not covered by current committee members. When advising Government, it will make clear to the Minister (and, if the advice is published, to the public) the names of outside experts that have contributed to the evidence base. However, recommendations and final advice remain the responsibility of the ASC itself.

The relevant areas of expertise are likely to include:

• the use and welfare of non-human primates in scientific procedures;
• the use of animals in the pharmaceutical industry, including the work of contract research organisations in a regulatory environment;
• animal welfare ^{[footnote 4]};
• approaches and technologies for the replacement of animals in scientific procedures by non-animal alternatives;
• statistics and experimental design;
• veterinary science and practice;
• ethics;
• law (including the legislative process and an understanding of public policy);
• the breeding, care and acquisition of animals;
• the form, function and working of the local animal welfare and ethical review body;
• clinical experience, with an understanding of the patient experience; and
• the creation and use of animals containing human material It is anticipated that the ASC membership will be drawn predominantly from those with expertise as listed above. The list of likely relevant expertise will be kept under periodic review by the ASC and the Government, acting in concert.

1. https://www.gov.uk/government/publications/scientific-advisory-committees-code-of-practice ↩

2. https://www.gov.uk/government/publications/scientific-and-engineering-advice-guidelines-for-policy-makers ↩

3. https://www.gov.uk/government/publications/ministerial-code ↩

4. Animal welfare in general, as well as specific to the use, breeding and supply of animals protected under the Animal (Scientific Procedures) Act. ↩