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German animal welfare law changed
In 1994, the German government started to consider amending their legislation controlling the use of animals in research and testing. The scientific community was particularly concerned at the time being taken, in some Lander, for animal research project applications to be considered and the consequent delays to research programmes. They presented the government with a series of proposals designed to reduce the delays and the bureaucracy involved. The animal protection movement presented a series of counter-proposals, aimed at making the legislation tighter.
These amendments to the legislation provoked a great deal of debate and the Bundesrat (the upper house of the German Parliament) and the Bundestag (the lower house) adopted different positions. Accordingly, a mediation committee was set up between the two houses and, after lengthy and difficult negotiations, a compromise was agreed. This was passed in both houses at the end of March and became effective in June.
Overall, the changes are helpful to biomedical research in Germany. The amendment introduced a time limit for the Lander authorities to consider applications for animal projects. If they have not made a decision on the application within three months, the applicant is automatically given approval. For projects only involving animals under terminal anaesthesia (ie where they are killed before they recover consciousness), the time limit is only two months.
In addition, small changes to the experimental design, which are made during the course of the project will now only have to be notified to the authorities and researchers will no longer be required to apply for permission for these minor changes.
However, both the Green Party and the SPD (social democrats) have announced that they do not support these changes to the legislation and they will be seeking to make further changes, to strengthen animal welfare, after the September 1998 elections. The SPD is expected to be in a stronger position after the elections, probably as part of a ruling coalition, which would put them in a position to implement such changes.
In a related development, the FDP (the German liberal party) have indicated that they want to add an article on animal welfare to the German constitution. This is supported by the SPD, SED and the Green Party. Both houses of parliament have started the mechanism to examine the proposal.
The German constitution already contains a clause safeguarding academic freedom for research. This has been used by one animal researcher to override the Lander authority who refused permission for his research on primates. Since his right to freedom of research was provided by the constitution it overruled the national legislation on animal welfare, which was not based on the constitution. Inserting an article on animal welfare into the constitution would prevent this type of legal challenge.