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Ethics of Research involving animals

Developments in policy and public opinion - continuation I

Royal Society for the Prevention of Cruelty to Animals (RSPCA)

http://www.rspca.org.uk

The RSPCA was established in 1824 as the first national animal protection society in the world. The Society is involved in preventing cruelty and promoting animal welfare in a wide range of uses of animals, as well as being an active campaigning organisation. It employs veterinary and scientific experts to identify animal-welfare concerns, and to devise ways of resolving them for farm livestock, wildlife, pets and animals used in research. The Society is opposed to all animal experiments that cause pain, suffering, distress or lasting harm. It believes that the benefit and justification for animal use should be challenged on a case by case basis, and promotes the development and implementation of the Three Rs.
Since the early 20th century, the RSPCA has taken an active role in ensuring the sound application of legislation that protects animals. Upon receiving royal approval in 1840, an inspector was appointed to ascertain the treatment of animals in markets and slaughterhouses. Today, the Society comprises a national network of 187 branches, several animal hospitals, an emergency service for injured, trapped or stranded animals, and a national cruelty and advice telephone line.
The RSPCA has been influential in shaping UK legislation on animal welfare and also places emphasis on educating students, teachers, youth organisations and trainers about animal welfare. A range of National Curriculum resources is available, and activity days and courses are held at four education centres. In 1980, the RSPCA established the Eurogroup for Animal Welfare, the first coalition of animal-welfare groups in Europe.



Professional bodies focusing on improving standards in laboratory animal science, care and welfare


Laboratory Animals Science Association (LASA)
http://www.lasa.co.uk


The UK LASA was founded in 1963 by representatives from industry, academia, government and the research councils. Their aim was to establish an organisation which provided information and a forum for ideas on the science of using animals in research.
LASA provides advice to its members in the scientific community on developments in the Three Rs, good practice and techniques. LASA acknowledges the relevance of ethical issues raised by animal research and constantly reviews its policies. The Association also addresses ethical issues in its training courses. LASA is a member of both the Federation of European Animal Science Associations (FELASA) and the International Council for Laboratory Animal Science (ICLAS).


Laboratory Animal Veterinary Association
(LAVA)

http://www.lavavet.org


A division of the British Veterinary Association, LAVA focuses on veterinary care and all aspects of the welfare of laboratory animals. LAVA’s members are veterinary surgeons involved in a wide range of laboratory-based animal medicine and science. Many members act as Named Veterinary Surgeons under the A(SP)A. LAVA is active in training and keeping members abreast of recent developments in the promotion of laboratory animal welfare.


Institute of Animal Technology (IAT)
http://www.iat.org.uk


The Animal Technicians Association, the IAT’s predecessor, was established in 1950. The IAT aims to advance and promote excellence in the care and welfare of animals in science, recognising that while humans have a moral and legal obligation to care for each other by prolonging life and alleviating suffering, there is also an obligation to ensure that the animals used to further these aims are properly cared for and protected.
The Institute has developed training courses for animal technicians, produced publications and introduced qualifications. In 1985, a Register of Animal Technicians was established to emphasise the Institute’s position on the ethical and legal aspects of care of laboratory animals. Many members of the Register, who are bound by a code of ethics, are specified as Named Animal Care and Welfare Officers (NACWO) under the A(SP)A and are responsible for the care of animals in designated establishments.



European Centre for the Validation of Alternative Methods (ECVAM)
http://ecvam.jrc.cec.eu.int


ECVAM was established by the European Commission in 1992 to actively support the development, validation and acceptance of methods that could reduce, refine or replace the use of laboratory animals, implementing the provisions of Directive EEC 86/609. Its main activities are:

  • to coordinate the validation of alternative test methods in the EU;
  • to act as a focal point for the exchange of information on the development of alternative test methods;
  • to set up, maintain and manage a database on alternative procedures; and
  • to promote dialogue between legislators, industry, biomedical scientists, consumer organisations and animal-welfare groups, with a view to the development, validation and international recognition of alternative test methods (see paragraph 11.34).
In the UK, a National Centre for the Three Rs (NC3Rs) was established in 2004 (see box 11.3).


Organisations defending the use of animals in research


RDS Understanding Animal Research in Medicine (formerly the Research Defence Society)
http://www.rds-online.org.uk


Founded in 1908, the RDS is a UK-based organisation representing medical researchers in the public debate about the use of animals in medical research and testing. RDS provides a public information service about the role of animal research, the controls under which research is carried out and the benefits that have resulted. It also liaises with the media and Members of Parliament, providing information, briefings, talks, interviews and arranging visits to research laboratories. RDS is funded by its members, most of whom are medical researchers, doctors and veterinary surgeons. Corporate members include research institutes, university departments, medical research charities, learned societies and pharmaceutical companies.


Association of the British Pharmaceutical Industry (ABPI)
http://www.abpi.org.uk


The ABPI is the UK pharmaceutical industry’s pre-eminent association, representing about 100 companies that produce prescription medicines. Its member companies research, develop, manufacture and supply more than 90 percent of the medicines prescribed through the National Health Service (NHS) and are major exporters to other countries. Contract research organisations and other companies that support the pharmaceutical industry are affiliate members.
Under the auspices of its Research and Development Committee, the ABPI’s Animal Research and Welfare Advisory Group plays an active role in promoting best practice in animal welfare and implementing the Three Rs. The ABPI also supports science education from primary through to university level, producing educational materials that describe critical areas of science and technology, and explain the role of the pharmaceutical industry in the development of new medicines, the use of animals in research and the regulatory context.


Association of Medical Research Charities (AMRC)M
http://www.amrc.org.uk


The AMRC is a membership organisation of over 100 UK charities that fund medical and health research. It was founded in 1972 and established as a charity in 1987. The AMRC aims to provide support and leadership for its members and the wider charity sector involved in medical and healthcare research through the provision of information and guidance. Member charities are obliged to use peer-review processes in allocating funding, and they are required to support, among other things, AMRC position statements on the use of animals in medical research. AMRC members are committed to ensuring that they support the most effective research in the right environment and that the researchers they fund follow good-practice
guidelines in their work.


Coalition for Medical Progress (CMP)
http://www.medicalprogress.org


The CMP is an alliance of organisations that share the common aim of seeking to ensure that the UK continues to lead advances in human and animal medicine. Researchers, funding bodies such as the Medical Research Council (MRC) and the Wellcome Trust and professional bodies including IAT, LASA, LAVA (see above) cooperate in this initiative to explain and illustrate the need for research involving animals and its benefits, and to respond to specific issues of public interest.


National Anti-Vivisection Society (NAVS)
http://www.navs.org


Established in 1875 as the Victoria Street Society, the NAVS was the world’s first organisation campaigning against animal experiments. The Society was founded by the humanitarian Francis Power Cobbe, who in 1898 left to form the BUAV.
The NAVS operates through public education, political lobbying and publicity campaigns, and produces technical reports, educational literature, books and films. The Society funds non-animal research through the Lord Dowding Fund for Humane Research, a department of the NAVS. In 1990, NAVS founded Animal Defenders International, to campaign on a broader range of animal and environmental issues.


British Union for the Abolition of Vivisection (BUAV)
http://www.buav.org


Founded in 1898, the BUAV opposes all animal experiments on both ethical and scientific grounds. The organisation is dedicated to ending animal experiments, both nationally and internationally, through public campaigning, undercover investigations, media activities, political lobbying, corporate relationships, the provision of legal and scientific expertise, and the production and distribution of educational and information materials. Campaigns cover issues such as the use of animals in the testing of cosmetics, household products, chemicals and pet food, their use in medical research and the genetic modification of animals. The BUAV coordinates the European Coalition to End Animal Experiments (ECEAE) and is a founder member of the International Council for Animal Protection in OECD Programmes (ICAPO).


The emergence of animal-rights philosophy

2.17 From the 1970s onwards, ethical issues raised by animal research received increasing attention in academic discussion, and a number of influential contributions were made to the debate. In 1975, Dr Richard Ryder published the influential book, Victims of Science, and coined the term ‘speciesism’ to liken the treatment of animals by humans to forms of unjustified discrimination, such as racism or sexism (see Box 3.4).23 In the same year, another influential book was published, Animal Liberation, written by the Australian philosopher Professor Peter Singer. Singer argued that the suffering of most animals should be given equal consideration to the suffering of most humans. The book is regarded by many of those opposed to animal research as the manifesto for their movement, and provides the ethical rationale for the activities of a number of campaigning groups. However, we note that Singer argued from a utilitarian perspective (see paragraphs 3.52–3.55), which is not accepted by all of those opposed to animal research. Moreover, the concept of ascribing ‘rights’ to animals is usually not associated with utilitarian approaches. A significant contribution setting out a rights-based approach was made in 1983 by Professor Tom Regan in The Case for Animal Rights.

2.18 While some animal protection groups stimulated debate through academic discussion, books and leaflets, others sought to influence policy makers more directly. In 1977, the Committee for the Reform of Animal Experimentation (CRAE) was founded and began lobbying government for new legislation on animal research.

Undercover investigations/infiltrations undertaken by animal protection organisations

2.19 The two main anti-vivisection societies in the UK are the BUAV and the NAVS (see Box 2.4). They believe that animal research often takes place in secret and therefore they seek to draw attention to the issue by conducting undercover investigations of animal facilities. They aim to demonstrate to the public the severity of licensed research involving animals and have made numerous allegations of unlawful practices in some cases (see Box 2.5).24

Box 2.5: Examples of undercover investigations/infiltrations
  • In 1975 the Sunday People newspaper published an exposé of ‘smoking beagles’ at laboratories belonging to Imperial Chemical Industries (ICI), which aroused wide public interest. The article carried explicit pictures of dogs that were confined to small boxes and forced to inhale tobacco smoke through devices attached to their muzzles. The research had the aim of testing the efficacy of tobacco substitutes, but adverse publicity resulted in its termination.
  • In 1989–90 an undercover investigator recorded videoand audio-tape material and took photographs of experiments involving cats and rabbits conducted by Professor Wilhelm Feldberg and his assistant at the MRC’s National Institute for Medical Research (NIMR) at Mill Hill in London. The professor was conducting basic research on the effects on blood sugar of heating the abdomen of an animal. Following the investigation, the 89-year-old scientist was accused of inadequately anaesthetising animals, poor performance and leaving anaesthetised animals unattended. The two researchers returned their licences to the Home Office before an inquiry into the matter was established by the MRC (there was some confusion in the reports at the time as to whether the licences were to be revoked or whether this was a voluntary measure). The inquiry found that, as a result of a failure by the researchers to maintain anaesthesia of sufficient depth, up to four rabbits experienced avoidable suffering. The inquiry also found that the Director of the NIMR (as the certificate holder) and the Named Veterinary Surgeon had failed in their statutory duties under the A(SP)A. As a result the Home Office required the Director to implement a number of changes at the Institute. In addition, the Home Secretary decided that nobody over the age of 70 should hold a project licence.*
  • In 1989, a BUAV undercover investigator joined the contract research organisation (CRO)25 Huntingdon Research Centre, now Huntingdon Life Sciences (HLS), as a weekend cleaner of the rodent and dog facilities. She produced photographic images, some of which were published together with a report in the British newspaper Today, and subsequently in publications of the BUAV. The report accused HLS of condoning unnecessary animal suffering and providing poor ousing conditions. The subsequent investigation by the Home Office concluded that the company had not committed any legal offence.† HLS was infiltrated again in 1996 by an investigative journalist. The investigator filmed amongst other things a member of staff punching a beagle that was being held by a colleague, and the footage was included in a television programme. The two employees were subsequently prosecuted under the Protection of Animals Act of 1911 and admitted to charges of ‘cruelly terrifying dogs’. They were given community service orders and were dismissed from their employment.‡
  • Wickham Research Laboratories, a CRO, was the subject of an undercover investigation by the BUAV in 1993. The investigator reported breaches in Home Office licence conditions and inadequate animal housing facilities. It was also alleged that the Home Office was sanctioning procedures for which non-animal methods were available. The Home Office Inspectorate and the Medicines Control Agency investigated these allegations. Their report disclosed poor management which had led to lax attitudes and practices among certain members of staff including the falsifying of test and environmental data. One case of unnecessary use of animals was also identified and some aspects of staff training were declared ‘unsatisfactory’. Responsibility for these failures was found to lie with the line manager for the named ‘day-to-day care person’ at the time. It was recommended that the manager, who had subsequently become the ‘day-to-day care person’ by the time of the Home Office investigation, should be replaced and his personal licence revoked. A number of other members of staff at Wickham received letters of admonition. The company was also directed by the Home Office to agree to a formal training scheme for all staff in its animal unit and to revise standard operating procedures. However, the Junior Minister of the Home Office, who reported the findings, said that he was satisfied that all the work at Wickham was properly licensed under the A(SP)A and that some of the other principal allegations above were also not substantiated.
  • The NAVS undertook an undercover investigation at the Charing Cross and Westminster Medical School in 1994–5. Members of the Society reported the killing of rodents that were surplus to requirements and which had not been used, and improper killing methods. The organisation presented its report on the matter, Access Denied, to the Home Office and the Animal Procedures Committee. In 1996 the Home Office Inspectorate carried out an investigation into the allegations. The Inspectorate identified ‘irregularities in the application of approved methods for the humane killing of animals and deficiencies in middle management’. The certificate of designation (see paragraph 13.8) was revoked and a new certificate was issued once the medical school had met certain criteria set by the Home Office. These included the retraining of staff, the putting in place of operating procedures and changes to the animal care arrangements.**
  • A BUAV infiltration took place at a primate research facility at Cambridge University in 2001–2. The BUAV alleged unprofessional care of animals involved in procedures, supported by video documentation. The Home Office was asked to review whether the circumstances of the research were acceptable under the terms of the project licence.
    The subsequent review by the Home Office concluded that the severity limits and bands for the projects, none of which was classed as higher than ‘moderate’, were correctly assigned, and that there was no evidence for the BUAV’s main allegations. However, having scrutinised details of all procedures performed extending back to 1998, four instances of non-compliance with licence authorities were identified by the Chief Inspector’s review. In 2004–5 the BUAV sought a judicial review against the Home Office on specific points relating to both the A(SP)A licences and the care of the monkeys they had filmed at Cambridge. The BUAV have been granted permission to proceed on two of the grounds relating to the former. The other grounds have not been allowed to proceed, although at the time of writing the BUAV is considering appealing against this decision.††


  • In 2003 the BUAV reported its findings of an undercover investigation undertaken in Germany within Covance, a CRO. The BUAV alleged that Covance had breached German animal-welfare legislation. Covance denied the allegations and an investigation was initiated by the German authorities. All accusations were found to be groundless. In July 2004, the BUAV submitted a complaint to the European Commission stating that the German authorities had failed to properly transpose into national law the EU Directive regulating animal experiments. The BUAV also asserted that appropriate sanctions against Covance for breaches of German animal-welfare law had not been imposed. In refusing Covance’s application for an injunction, the appeal court in Nordrhein Westfalen allowed the dissemination of video and photograph material obtained by the investigator.‡‡


* The investigator subsequently wrote a book detailing her
experiences. MacDonald M (1994) Caught in the Act: The Feldberg Investigation (Jon Carpenter Publishing). See Coghlan A (1990) MRC launches inquiry into animal experiments New Scientist 1720 9 June; Ward L (1992) Time for talk across the trenches: The two sides in the antivivisection debate must stop sniping at each other if they are ever to find some common ground New Scientist 1820 9 May; Hampson J (1992) The secret world of animal experiments: Despite the 1986 act, the public still has little say on what is done in animal experiments. Ethical committees could give lay people a voice New Scientist 1816 11 April. See also Written Answers to Questions, House of Commons debate (1991), available at:
http://www.publications.parliament.uk/pa/cm199091/cmhansrd
/1991-03-11/Writtens-1.html. Accessed on: 14 Apr 2005; NAVS
(1996) Access Denied Legal Critique, available at:
http://www.navs.org.uk/download_files/publications/reports/A
ccess_Denied1Legal_Critique.pdf. Accessed on: 14 Apr 2005;
Animal Procedures Committee (1991) Report of the Animal
Procedures Committee for 1990 (London: HMSO), available at:
http://www.apc.gov.uk/reference/ar90.pdf. Accessed on: 22
Apr 2005.
† See BUAV report of the infiltration, BUAV Huntingdon Life
Sciences, available at: http://www.buav.org/undercover/hls.html.
Accessed on: 11 Mar 2005.
‡ The television programme referred to was the 1997 Channel
4 documentary It’s a Dog’s Life; see also an article by the
undercover investigator, Broughton A (2000) Seeing is
Believing: Animals rights abuse exposed The Ecologist 22
February, available at:
http://www.theecologist.org/archive_article.html?article=203
&category=59. Accessed on: 11 Mar 2005.
BUAV Wickham Research Laboratories, available at:
http://www.buav.org/undercover/wickham.html Accessed on:
23 Feb 2005; House of Commons debate (1993), available at:
http://www.parliament.the-stationeryoffice.
co.uk/pa/cm199293/cmhansrd/1993-06-22/Writtens-
1.html. Accessed on: 23 Feb 2005.
**NAVS Charing Cross and Westminster Medical School NAVS
undercover investigation 1994-95, available at:
http://www.navs.org.uk/vivisection/inside/cc_westminster.htm;
See also House of Commons (1997) Written Answers to Questions, available at: http://www.parliament.the-stationeryoffice.
co.uk/pa/cm199798/cmhansrd/vo970730/text/70730w01.h
tm. Accessed on: 22 Feb 2005.
†† See BUAV website for details of the initial investigation, a
response to the Home Office’s review and press release, available at: http://www.buav.org/undercover/cambridge.html
and http://www.buav.org/news/2005/02-04.html; (2002)
Aspects of Non-human Primate Research at Cambridge
University: A Review by the Chief Inspector, available at:
http://www.homeoffice.gov.uk/docs/cambridge.html;
University of Cambridge (2003) Statement on Home Office
Report, available at:
http://www.admin.cam.ac.uk/news/press/dpp/2003021101. All
accessed on: 14 Apr 2005; BUAV (2005) Press Release Judicial
review investigating cruelty to monkeys at Cambridge
University set to proceed, available at:
http://www.buav.org/press/2005/0412.html. Accessed on: 22
Apr 2005; RDS (2005) Antivivisectionists’ legal challenge - the
facts, available at: http://www.rdsonline.
org.uk/pages/news.asp?i_ToolbarID=6&i_PageID=1816.
Accessed on: 22 Apr 2005.
‡‡BUAV Poisoning for Profit, available at:
http://www.buav.org/covance/index.html. Accessed on: 14 Apr
2005; European Biomedical Research Association Winter Bulletin (2003) Infiltration of Covance in Germany, available at: http://www.ebra.org/bulletin/win05_03.html. Accessed on:
14 Apr 2005; BUAV (2004) Press release Covance: BUAV makes
official complaint to EU Commission, available at:
http://www.buav.org/news/2004/07-15.html. Accessed on: 14
Apr 2005; Court of Appeal Nordrhein Westfalen (2004) Press
release Bilder aus Tierversuchslabor dürfen teilweise veröffentlicht werden (Aktenzeichen 3 U 77/04), available at:
http://www.olg-hamm.nrw.de/presse/archiv/2004/tiervers.htm.
Accessed on: 22 Apr 2005.


2.20 Opponents of undercover investigations view them as unlawful and possibly illegal infiltrations.26 They argue that the investigators provide untruthful information when applying for jobs and at interviews, and that they act unlawfully during their time at the institution, for example by disclosing confidential information. They also argue that many infiltrations fail to produce any compromising evidence, and that these findings are not published. Where findings are published, critics assert that reports are often highly selective in the facts that are presented and that they therefore do not do justice to the claim of showing the reality of animal research. Many establishments also have ‘whistleblowing’ procedures in place, that require staff to report breaches of codes of conduct to supervisors, facility managers or to the Certificate Holder. Opponents of infiltrations argue that those concerned about animal welfare should use these procedures, instead of publishing reports. According to this view, infiltrations are unacceptable, and prevent the building of trust between researchers and animal protection organisations. Infiltrations are thought to obstruct the pursuit of an open and factual discussion about animal research.

2.21 Proponents of undercover investigations, on the other hand, assert that research is being conducted in secrecy and that insufficient information, particularly about the suffering of animals involved in research, is available. They take the view that publication of undercover investigations is in the public interest as it can help to demonstrate the reality of animal research and to expose cases of malpractice, abuse of animals and poor scientific practice. Proponents believe that investigators join research institutes legally, and that their reports should therefore be viewed as legitimate records of practices that are kept secret from the public and Parliament next page

Footnotes

23 Ryder R (1975/1983) Victims of Science: The Use of Animals in Research (London: Open Gate Press).
24 See, for example, the BUAV website Exposing secrets, available at: http://www.buav.org/undercover/secrets.html. Accessed
on: 11 Mar 2005.
26 Some opponents prefer to describe infiltrations as illegal, rather than unlawful, suggesting breaches of the criminal rather than the civil law. However, most activities associated with infiltration, such as the publication of confidential data, which is usually not compatible with contracts of employment, breach the civil law. The criminal law can be invoked in cases where employment is obtained by deception (Theft Act 1968 s.16(2)(c)), or in cases where material is removed from laboratories (Theft Act 1968 s.1). An important criterion in deciding about the applicability of these offences is ‘dishonesty’, which is a relatively vague concept relating to whether or not the action was contrary to accepted standards in society.

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