Tuesday 18th January 2022
(2 years, 10 months ago)
Commons ChamberAnimal Welfare (Sentience) Act 2022 View all Animal Welfare (Sentience) Act 2022 Debates Read Hansard Text Watch Debate Amendment Paper: HL Bill 4-R-I(Rev) Revised marshalled list for Report - (3 Dec 2021)
The Secretary of State for Environment, Food and Rural Affairs (George Eustice)
I beg to move, That the Bill be now read a Second time.
The United Kingdom was the first country in the world to pass legislation to protect animals with the Cruel Treatment of Cattle Act 1822. In 1876, we were the first country to pass legislation regulating experiments on animals. In 1875, we were the first country to introduce measures to improve conditions in slaughterhouses. This House also passed the landmark Protection of Animals Act 1911, an Act emulated by many other countries around the world.
More recently, there have been further improvements. One of the first actions taken by Margaret Thatcher’s Government was the introduction of the Farm Animal Welfare Council, announced to this House in July 1979 by Peter Walker. That Government then updated the law on animal experiments with the Animals (Scientific Procedures) Act 1986, which remains an international gold standard. The Labour party has also made its contribution: our Parliament updated the 1911 Act with the Animal Welfare Act 2006, which introduced a robust framework and powers for protecting all kept animals in England and Wales.
Every piece of animal welfare legislation passed by this House since 1822 has implicitly recognised the sentience of animals. During the European Union era, the UK was a signatory to article 13 of the Lisbon treaty, which offered a form of legal recognition of the sentience of animals. Although that did not really mean very much, we believe we can now do better through this Bill.
Mike Amesbury (Weaver Vale) (Lab)
I note that the Secretary of State did not mention the ban on hunting with dogs—a law that needs to be strengthened—which constituents up and down the country are still concerned about. Why should this not be the Government to deal with that once and for all?
George Eustice
We have had many pieces of legislation; I sought in the time I had to list some of the key ones, including the 2006 Act.
How we treat animals, and the legislation we have to govern animal welfare, is a hallmark of a civilised society. We should be constantly looking to improve and refine our legislation in this area. That is why the Government have committed to introducing this new law on animal sentience.
I take this opportunity to thank my noble friend Lord Benyon of Englefield for his work bringing the Bill through the other place. The current version underwent close scrutiny in the other place, as Members would expect. This is a succinct Bill that offers clarity and avoids creating a wide avenue for the judicial review of Government decisions, while ensuring that animal welfare is properly considered as Governments formulate policy.
Caroline Lucas (Brighton, Pavilion) (Green)
As the MP who I think made the first attempt to put sentience recognition into UK law with my amendment to the European Union (Withdrawal) Bill, I warmly welcome this Bill. I congratulate the A Better Deal for Animals coalition for the work it has put into it. The Secretary of State mentions the scrutiny in the other place. Does he have sympathy with the concern raised there about how the Bill’s current wording would mean that the Animal Sentience Committee can look only at the adverse effects on the welfare of animals as sentient beings? Would he consider looking at the positive opportunities in considering those sentience issues, too?
George Eustice
I think this matter was dealt with extensively by my noble Friend, Lord Benyon. The key thing is that an adverse effect can mean a failure to make a change or consider a change that would have a positive impact on the welfare of animals, so I do not share any concerns about that expression.
I thank my hon. Friend the Member for Tiverton and Honiton (Neil Parish) for his Committee’s work in scrutinising our proposals.
The Bill proposes four things. First, it establishes an Animal Sentience Committee, whose members the Secretary of State will appoint on the basis of expertise and experience. Secondly, it tasks that committee with scrutinising Ministers’ policy formation and the implementation of decisions. In each instance, it will publish a report containing its views on whether Ministers have had all due regard to the welfare needs of animals as sentient beings.
Thirdly, Ministers will be held to account through a duty to respond to the committee’s reports by means of a written statement to Parliament, and Parliament must receive such responses within three months. Finally, the wording of the Bill offers recognition that non-human vertebrates—that is, animals with a spine—and additionally decapod crustaceans, such as lobsters, and cephalopod molluscs, such as octopuses, are sentient. That means they are capable of experiencing pain or suffering. The Bill contains a delegated power for Ministers to add by regulation other species to the definition of animals. That is to be used if there is good scientific evidence that those particular species are sentient.
Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
Can my right hon. Friend confirm whether the Bill as drafted contains birds?
George Eustice
The Bill does include birds, since they are vertebrates, and it includes fish, since they are vertebrates. I point out that those particular animals have been recognised in our law as sentient since at least 1911.
I want to be clear about what the Bill does and does not do. While its aim is to improve the policy and decision-making processes of Government, the committee’s reports will not bind Ministers to any particular course of action. Ministers will remain free to determine the right balance between animal welfare and other important considerations.
Devolved matters are also excluded from the Bill’s provisions. The Scottish Government have their own counterpart to the Animal Sentience Committee already, while Wales and Northern Ireland have the powers to establish equivalent bodies, should they wish to do so.
It is also important to understand that the Bill tasks the Animal Sentience Committee with scrutinising the process by which Ministers arrive at policy decisions. It is not there to tell Ministers what decisions they should make or to critique those decisions. Instead, it is there to provide technical assessments of how well a given Department obtained and assessed relevant evidence on the animal welfare effects of the policy in question.
Mr Jonathan Djanogly (Huntingdon) (Con)
On that point, can my right hon. Friend say whether he has assessed the possibility of judicial review arising as a result of that assessment process?
George Eustice
As I said, we do not believe that the Bill creates a cause of action for judicial review, for the simple reason that the obligation on a Minister is to respond to the report within three months, and that response can deal with any recommendation or observation put forward by the committee.
Sir David Evennett (Bexleyheath and Crayford) (Con)
My right hon. Friend is making a strong case for the Bill. Does he agree that Britain continues to lead the world in animal welfare and that the Bill enhances our role?
George Eustice
Yes. As I set out at the beginning of the debate, the United Kingdom has always been a world leader in animal welfare. We were the first country in the world to introduce animal welfare legislation; we recognised the sentience of animals as long ago as 1822. We have been in the vanguard of new legislation in the area over time, and the Bill demonstrates our continued leadership.
Our approach will promote fair and consistent consideration of animal welfare throughout Government policy decisions, but without impinging on the freedom of Ministers to make those policy decisions, for which they are democratically accountable for Parliament.
For all those reasons, I commend this short Bill to the House.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)
I thank all hon. Members for their contributions to our lively and wide-ranging debate. I particularly thank my hon. Friend the Member for Old Bexley and Sidcup (Mr French) for his excellent maiden speech; I am delighted to have his support. As he said, animal welfare is important to his and all our constituents.
I know that my hon. Friends the Members for The Cotswolds (Sir Geoffrey Clifton-Brown), for Huntingdon (Mr Djanogly) and for North Herefordshire (Sir Bill Wiggin) are all upholders of animal welfare who care for their own animals. Indeed, I often look fondly at Christmas cards from my hon. Friend the Member for North Herefordshire; they are signed by him and his wife but often bear a picture of him with a cow from his herd, which is quite interesting.
I am pleased to associate myself with the comments about our former colleague the Member for Old Bexley and Sidcup, with whom I worked to try to ensure that more cancer nurse specialists are there when people need them. We miss his wise counsel, but we welcome wholeheartedly our new hon. Friend.
The Bill is the latest in a series of steps that the Government are taking to develop and strengthen animal welfare protections. As we have heard from many hon. Members, it builds on the UK’s proud tradition of protecting pets, livestock and wildlife. As my right hon. Friend the Secretary of State laid out, our nation has a long and proud history in the area, and our action plan for animal welfare is making positive progress.
As my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) pointed out, the Bill has been well discussed in the other place. She also alluded to other Bills. The Animal Welfare (Sentencing) Act 2021 came into force in June, increasing the maximum prison sentence for animal cruelty, and has been welcomed by hon. Members. The Animal Welfare (Kept Animals) Bill is currently going through the House. We are supporting private Members’ Bills: the Animals (Penalty Notices) Bill and the Glue Traps (Offences) Bill, which we will debate in Committee tomorrow. We introduced a Government amendment, which I know many right hon. and hon. Members have welcomed, to tackle illegal hare coursing in the Police, Crime, Sentencing and Courts Bill. We are progressing a range of other commitments in the action plan, including on cat microchipping, and are moving forward on many other things.
Members asked many questions; I aim to answer them all, but if I do not, my door is always open. My hon. Friend the Member for Huntingdon said that we had not yet had a conversation; I am keen to work to deliver good legislation not only for the countryside that I represent but for all our constituents. Our primary job is to make sure we get it right.
I was asked how sentience is defined in the Bill. Our scientific understanding of sentience has come a long way in recent years, but it is well defined and continues to evolve. Baroness Hayman’s work included the reviewing of 300 pieces of research to bring forward the definition of decapods and cephalopods. The situation will carry on evolving, so it would seem to be counter-intuitive to have a fixed definition, because the definition itself is not fixed. We therefore do not deem it necessary to define sentience for the work going forward. We can all recognise that animals are sentient and their welfare should be considered in any decisions we make.
As we have said, the public feel strongly about this issue, which is why we have introduced this legislation. I welcome the comments from my hon. Friend the Member for Penrith and The Border (Dr Hudson) who, with this vast experience and strong expertise, highlighted the point that the committee will need to cover those areas of expertise. It is for that reason that we are not over-prescriptive. Indeed, as I said to the hon. Member for Edinburgh North and Leith (Deidre Brock), somebody in one of the devolved nations could have the key expertise and we should look throughout the United Kingdom to ensure we have the right people on the committee to draw on.
My hon. Friend the Member for Penrith and The Border also mentioned constituents who lose dogs and horses. I agree that there are other things we should be doing in the animal space, but we are moving forward with them. The Bill is tightly drafted for a distinct reason, which is why it merely has simple clauses to make sure we get it right.
I thank the EFRA Committee for all its work to get the Bill into a much better place. I notice that my hon. Friend the Member for Tiverton and Honiton (Neil Parish) is now in his place.
Neil Parish (Tiverton and Honiton) (Con)
I apologise to the House for not being here for the debate; I have been chairing the EFRA Committee. The advisory committee will need members with good practical animal welfare experience and an independent chair. It will also need to be given the proper resources and we will need more transparency in respect of the process of advising the Government. I really hope we can have a strong animal welfare process that is actually workable.
Jo Churchill
I thank my hon. Friend for his intervention and for the letter that he recently wrote to me. We intend to do exactly that and I shall come to that in a moment.
The Bill delivers on our manifesto commitment and provides legal recognition that animals are sentient beings. As I have said, it is a tight, short Bill that establishes an animal sentience committee to consider how individual central Government policies and decision making take account of animal welfare. The Bill contains provisions to ensure that Ministers respond to Parliament in respect of reports published by the animal sentience committee. It establishes that committee and empowers it to scrutinise Minister’s policy formation and implementation decisions, with a view to publishing reports containing its views on whether Ministers have paid all due regard to animals’ welfare needs as sentient beings.
The Bill places a duty on Ministers to respond to the reports by means of a written statement to Parliament within three months’ sitting time and confirms that non-human vertebrates such as dogs, birds, decapod crustaceans and cephalopod molluscs and invertebrates such as lobsters and octopuses are sentient—that is, capable of experiencing pain or suffering. Together, these measures constitute a targeted, timely and proportionate accountability mechanism, as so aptly described by my right hon. Friend the Member for Bexleyheath and Crayford (Sir David Evennett).
The hon. Members for Brighton, Pavilion (Caroline Lucas) and for Oldham West and Royton (Jim McMahon) asked why the Bill talks only of adverse effects. It is because the Animal Sentience Committee’s role will be to encourage policy decision makers to think about the positive improvements they could make to animal welfare, rather than just minimising adverse effects. Meeting the welfare needs of animals means avoiding those negative impacts, as well as providing for positive experiences. The reference to an adverse effect allows the committee to consider whether a policy might restrict an animal’s positive experience.
I was asked whether the Animal Sentience Committee will produce an animal welfare strategy, and the answer is no. The Government’s current and future work on animal welfare and conservation is set out clearly in the action plan for animal welfare, and the role of the Animal Sentience Committee is not to devise future policy or strategy.
I was asked whether the committee could produce an annual report. That task is not established by the Bill, although that would not be necessary. There is nothing to prevent the committee from assessing improvements annually, if that fulfils its legislative purposes, or from issuing a report should it so wish.
Luke Pollard
The Minister slightly misunderstands the point. It is not that Members want the Animal Sentience Committee to produce an annual report but that we want the Secretary of State to have an annual parliamentary moment when the findings of those reports can be discussed and debated on the Floor of the House. Rather than being buried in a report in the House of Commons Library, will it be debated by parliamentarians?
Jo Churchill
I thank the hon. Gentleman, but I gently point out that there are plenty of other devices for ensuring plenty of parliamentary time. I am sure that we will unpick that in Committee.
Ministers will remain responsible for balancing animal welfare against other important matters of public interest. We are and will remain fully accountable to Parliament for that. My hon. Friend the Member for Huntingdon spent some time asking whether the Bill increases the risk of judicial review, and it has been carefully considered and worded to ensure there are only two areas in which we could instigate grounds for judicial review if Ministers fail to fulfil them: by not appointing a committee or by not bringing forward a report in a timely fashion.
I was also asked how the Animal Sentience Committee differs from the Animal Welfare Committee. The latter offers substantive expert advice, whereas the former is a scrutinising body—that is the essential difference. The Animal Sentience Committee is there to give another line of evidence and to help Ministers make decisions, but policy decisions are and will remain a matter for Ministers, for which they are accountable to this House.
Ministers are under no legal obligation to follow the committee’s recommendations. However, there is no point in having a committee that brings forward evidence unless we take it seriously. As I say, it will be balanced in the round to make sure competing interests such as the rural economy or a particular enjoyment, angling or whatever—all those things that are good for people’s mental wellbeing—are considered when we make our decisions.
The key point about the terms of reference is that the Animal Sentience Committee will be classified as an expert committee. It will be funded from within DEFRA’s existing budget and supported by a small secretariat. This will not run and run and be an unsupported Government quango, as suggested by my hon. Friend the Member for North Herefordshire. The Bill is drafted to keep sentience at the forefront of policy making and implementation, in line with its statutory functions.
Wide-ranging points were made by colleagues, which flowed into medical research and respect for people’s religious needs. The Bill is tight, and the reason it is a small, tight Bill is that it is important that we are aware that it does not change existing legislation. The committee does not make value judgments.
Hon. Members asked about the inclusion of decapod crustaceans, crabs, lobsters, molluscs, octopus and squid. I want to be absolutely clear about the reasoning behind the effects of that decision. At every point, it is about respecting and recognising animal sentience, and being scientifically led.
Sir Geoffrey Clifton-Brown
I sense the Minister is coming to a conclusion, but she has not answered one of my questions about the composition of the committee. Will she give an assurance that it will take into account rural and agricultural interests?
Jo Churchill
As I represent the constituency that I do, my hon. Friend will be pleased to hear that I will give him that assurance. The Opposition made the point that breadth of expertise is extremely important in order to have confidence in this Committee.
Jo Churchill
If the hon. Lady will bear with me, I want to push on as the Chamber is full and it is only fair that I conclude, but I will take her intervention in a second.
It was originally thought that only vertebrates could feel pain, but decapods and cephalopods are invertebrates with complex nervous systems, and I welcome their inclusion. In 2020, DEFRA commissioned the external review of the available scientific evidence, and evaluated the findings of over 300 pieces of peer-reviewed evidence. We carefully considered the recommendations, as we added that measure to the Bill. I reassure hon. Members that the Bill does not and will not change any existing legislation, or place any additional burdens on any part of industry or individuals.
Emma Hardy
The Minister is always kind at taking interventions. Before she concludes, can she comment on the use of testing on primates that was raised by the SNP spokesperson?
Jo Churchill
With respect, as the Chamber is full, I would be happy to meet the hon. Lady and talk further about that. It was largely to do with medical testing and military work with animals, and I would be happy to talk to her about medical animal testing, to which it is vital that we have a proportionate approach.
In summary, the Bill offers a proportionate and evidence-led recognition of animal sentience in UK law. There is over whelming public demand for sentience legislation. We committed to introduce it in our manifesto, and similar pledges were made by parties represented on the Opposition Benches. I look forward to working with hon. Members across the House to deliver on our promises, and I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Animal Welfare (Sentience) Bill [Lords] (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Animal Welfare (Sentience) Bill [Lords]:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 10 February 2022.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Gareth Johnson.)
Question agreed to.
Animal Welfare (Sentience) Bill [Lords] (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Animal Welfare (Sentience) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred under the Act by the Secretary of State.—(Gareth Johnson.)
Question agreed to.
Charities Bill [Lords] (Money)
Queen’s recommendation signified.
Resolved,
That, for the purposes of any Act resulting from the Charities Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Gareth Johnson.)