Animal Welfare (Sentience) Bill [Lords]

(Limited Text - Ministerial Extracts only)

Report stage
Monday 14th March 2022 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I rise to speak to new clauses 2 and 3. Many Members will be aware of the Scottish Animal Welfare Commission, which was established by the Scottish Government in 2020. The commission’s evidence-based and expert-driven approach offers a good model for the English Animal Sentience Committee, and I would urge those who have expressed misgivings about how the committee will be constructed to look to Scotland to see that it is working and that recommendations are regularly made to Ministers who then act on them. However, although animal welfare is devolved, some issues still fall under reserved areas, and the SNP new clauses focus on those issues.

Of course we support the Bill, because it will enable the setting up of a committee similar to our own, but it could be strengthened to recognise the rights of sentient animals undergoing scientific testing and military experiments used by the Ministry of Defence. Last month, this House debated a petition calling for legislation to include laboratory animals in the Animal Welfare Act 2006. It is unacceptable that, in this nation of professed animal lovers, laboratory animals are not protected from unnecessary suffering under that legislation. Instead, the current rules on animals used in research are set out in the Animals (Scientific Procedures) Act 1986. The Home Office is responsible for regulating and enforcing that law. However, much of what goes on behind closed doors at animal testing sites in the UK is hidden from view and shrouded in secrecy, as the law blocks access to information about the animals’ treatment during experiments. Section 24 of the 1986 Act makes it a criminal offence for that information to be disclosed.

A requirement for the Animal Sentience Committee to provide assessments to the Government on such tests would help to ensure that the sentience of those animals was equally recognised and accounted for. New clause 2 therefore requires the Animal Sentience Committee to produce a report on the use of sentient animals in scientific experiments and military exercises by the MOD and the Defence Science and Technology Laboratory. Between 2009 and 2020, the MOD carried out over 60,000 experimental procedures on mice, rabbits, primates, pigs and other animals. Similarly, new clause 3 requires the committee to produce a report on the use of sentient animals in tests relating to medicine, cosmetics and weapons in Government policy. As I said on Second Reading, although those specific issues are still reserved to Westminster, polling of Scottish and Welsh residents shows that a majority want to see deadlines for phasing out animal testing. Those surveyed expressed a very strong aversion to testing on dogs, cats and monkeys. Despite these public concerns, the UK remains one of Europe’s top users of primates and dogs in experiments.

We do not believe the general public are aware of the extent and nature of these experiments, or of which animals are used in them. Statistics for 2020 reveal that more than 4,000 procedures were carried out on dogs, almost all of them beagles, which are chosen for experimentation because of their size, docility and submissiveness. Most drug testing sees dogs repeatedly force-fed or forced to inhale substances for between 28 and 90 days to measure the effects of repeat exposure on the liver, kidneys, lungs, heart and nervous system.

There is enough evidence to show there are better, more accurate and more humane methods than resorting to testing on animals. Recent developments in evolutionary biology, developmental biology and genetics have significantly increased our understanding of why animals have no predictive value for human responses to drugs or the pathophysiology of human diseases. Nevertheless, the Home Office says it has no current plans to review the use of animals in science. Meanwhile, the EU is moving away from cruel experiments on animals and towards cutting-edge replacements. The European Parliament recently voted in favour of developing an action plan to phase animals out of EU science and regulation.

The hon. Member for Bristol East (Kerry McCarthy) made an excellent contribution. Although I support new clause 1, which makes worthwhile, reasonable suggestions on the details of the Animal Sentience Committee and its responsibilities, on which Ministers have been rather sketchy, and I urge the UK Government to take new clause 1 into consideration, the Bill is almost entirely concentrated on setting up an Animal Sentience Committee—largely based on our Scottish Animal Welfare Commission set up in 2020—in England, and therefore we will not be joining Her Majesty’s Opposition in the Lobby.

The hon. Lady expressed considerable concern about amendments 2 and 7, and it is equally tempting to vote against those amendments. Amendment 2 is a Trojan horse to cover up the enthusiastic support of Conservative Back Benchers for continuing what are euphemistically referred to as “country pursuits” exactly as they have been practised for centuries. Amendment 7 is a disgracefully blatant attempt to carve out those who have a very strong interest in the protection of animals from membership of the Animal Sentience Committee. I found it hard to read that amendment, let alone to contemplate the Government accepting it.

The willingness of the Scottish Government to act on the guidance of the Scottish Animal Welfare Commission’s advice demonstrates their commitment to maintaining or exceeding the high EU animal welfare standards before Brexit. However, as long as animals are used in testing and military experiments and are denied full recognition of their sentience, Scotland and the rest of the UK will fail to keep pace. I urge hon. Members to vote to maintain the UK’s proud history of supporting animal welfare by backing new clause 3.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)]

As a starting point, we all agree not only that the issue of animal welfare and sentience is extremely important in this House, but that it has great resonance across the country. I say very gently, because our debate has been extremely wide-ranging, that my hon. Friend the Member for Tiverton and Honiton (Neil Parish) put it most succinctly: this is a simple six-clause Bill, and all it seeks to do is direct that a committee be set up and that a Minister come forward with a report from across Government. If hon. Members are worried that it will not reach all parts of the Government, I would like to assure them that it will.

I will take the amendments in order and then address other comments from right hon. and hon. Members. New clause 1, which was moved by the hon. Member for Oldham West and Royton (Jim McMahon), would compel the Government to make an animal sentience strategy. The action plan for animal welfare already sets out the Government’s current and future work on animal welfare and conversation. The Government’s plan is clear, and there is no need to mandate it in statute. I very gently point out that the reason we are here today is to bring forward one of the points in the action plan; as hon. Members have said, sentience has been a while coming, but we are all here tonight to make sure that we deliver on the promises.

New clauses 2, 3, 5 and 6 would mandate that the Animal Sentience Committee to produce reports on specific areas. It is important that we do not dictate the committee’s work plan. Its members are the experts, not us, and are best placed to know where they can add value. The very first thing that the committee in Scotland did, as the hon. Member for Edinburgh North and Leith (Deidre Brock) said, was set out its own definition of sentience. As my hon. Friend the Member for Penrith and The Border (Dr Hudson) pointed out, the understanding of sentience is always evolving, so we want to leave it to experts from the world of science and so on—I am sure he can name them much better than I could—to define it. We are not saying that sentience should not be defined; we are asking those who have the skills to do that work. I hope that my hon. Friend will accept that that is in good faith where we are trying to go.

I would like to clarify the Government’s position on some areas raised during the debate. I say gently to the hon. Member for Edinburgh North and Leith that the committee is best placed to decide which topics to focus on.

It is worth noting that the Defence Science and Technology Laboratory does not use animals in developing offensive weapons. To go further, let me reassure hon. Members that within that capacity, military working animals play an essential role, often in life-saving operations. They are looked after within the military by military vets and are much-loved members of the team.

I have been clear that we do not want the committee to duplicate work that is already taking place across government. That is why its terms of reference make it clear that it should not go over the same ground as the specialist Animals in Science Committee.

As the hon. Member for Westmorland and Lonsdale (Tim Farron) said, the Environment Act 2021 was passed last year, on 9 November. The Animal Sentience Committee is not there to make value judgments and weigh up policy issues; neither is it there to monitor business activities, which is very much the thrust of what he is asking for.

My hon. Friend the Member for Tiverton and Honiton mentioned Ofwat and said that the hon. Member for Westmorland and Lonsdale might be better placed if he directed his comments elsewhere. In that spirit, I urge the hon. Gentleman to withdraw his new clause. Parliament’s scrutiny of trade deals is already informed by the expert input on animal welfare that is provided by the Trade and Agriculture Commission.

--- Later in debate ---

[Deidre Brock]

In reference to the reports that we requested in new clauses 2 and 3, can the Minister describe to me by what mechanism the Scottish Government or other devolved nations could express their concerns about the areas that we have raised here on animal testing, cosmetic testing and the use of animal experimentation in the Ministry of Defence? What mechanism could they use to raise those concerns with the committee and eventually encourage it potentially to produce reports on those issues?

[Jo Churchill]

I would make two points. First, the hon. Member is presupposing that there will not be members of those devolved authorities on the committee. If people hold the most appropriate expertise, they may be there as a full member, or they may be co-opted in to look at a particular area of reference. There are other mechanisms that we always use in this place to hold the Minister to account. The Minister is bound to report to this place within three months of parliamentary sitting time. All the mechanisms will be in place, as well as those behind the scenes where we talk to devolved Ministers and so on, to make sure that things are raised in the appropriate way.

Amendment 2, which is in the name of my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown), would require the committee’s recommendations to respect religious rights, cultural traditions and regional heritage. We have heard the strength of feeling on this matter both here and in the other place, and I assure him that we have listened and decided to support the amendment.

[Sir Geoffrey Clifton-Brown]

I thank my hon. Friend for her careful consideration of my amendment. I think it is a sensible, proportionate amendment that will allow a committee with limited resources to focus on those really egregious areas where animal sentience is being abused, and not run into some of the less important areas. I thank her for accepting the amendment, and I thank all my hon. Friends who supported and signed it.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

rose—

[Jo Churchill]

I will give way briefly.

[Mr Djanogly]

I thank the Minister for giving way, and I take this opportunity to thank her and the Secretary of State for having met colleagues on multiple occasions and listened. Many communities are fearful of the implications of this and, while I have not fallen in love with the Bill, the fact that amendment 2 will be made to it means that there will be a balance that was otherwise lacking. I congratulate her on listening.

[Jo Churchill]

I thank my hon. Friend. As many people who contributed to this debate have said, what we are seeking here is that balance.

Turning lastly to amendment 1 in the name of the hon. Member for Newport West (Ruth Jones), we do not want to clog up parliamentary time with automatic debates on committee reports. We went over that in the Bill Committee. Hon. Members have parliamentary questions, Westminster Hall debates and the Backbench Business Committee, should they wish to use them.

In short, the Bill has been carefully drafted to create a targeted, proportionate and timely accountability mechanism on animal welfare. It is designed to support the House’s scrutiny of Government, and I look forward to all those in the House making good use of it.

[Jim McMahon]

This has been an insightful debate and it was good to hear the passion on both sides from hon. Members who really care about this issue. New clause 1 only asks the Government to perform good governance, in that we want them to have a plan, to report on the plan and to be held accountable for the plan. The right place for that to happen is here in Parliament.

I hope the Government have listened to the concerns in the House about support for British farmers. I absolutely believe that they are the best in the world and that we have raised the bar on animal welfare standards and food production alike, but farmers often feel as though they are fighting alone, with a Government who just do not get it and are not on their side. We have seen that through procurement, fair funding, trade deals and more. I ask the Government to listen to those concerns not only on the Opposition side, but across the House, and to ensure that, when we demand so much of British farmers, we are on their side in everything we do.

Question put, That the clause be read a Second time.

21:27

Division 213

Ayes: 179

Noes: 286

--- Later in debate ---

21:42

Division 214

Ayes: 218

Noes: 288

[Madam Deputy Speaker (Dame Eleanor Laing)]

New clause 5 has been selected for a separate decision.

New Clause 5

Report on the impact of Government policy on river pollution on sentient animals

“The Animal Sentience Committee shall produce a report on the impact of government policy on river pollution on sentient animals.

(1) The annual report must include—

(a) the number of sentient animals killed or injured as a result of polluted rivers.

(b) a description of the actions of water companies to guarantee the protection of sentient animals.

(c) an assessment of the effect of government policy on (a) and (b).

(2) The first annual report on the impact of polluted rivers on sentient animals may relate to any 12 month period that includes the day on which this section comes into force.

(3) The annual report must be published and laid before Parliament within 4 months of the last day of the period to which the report relates.”—(Tim Farron.)

This new clause would require the Animal Sentience Committee to produce a report on the impact of polluted rivers on sentient animals.

Brought up.

Question put, That the clause be added to the Bill.

21:56

Division 215

Ayes: 179

Noes: 286

Clause 2

--- Later in debate ---

[Jo Churchill]

I beg to move, That the Bill be now read the Third time.

It has been a privilege to shepherd this Bill through the House. Members in all parts stood on the manifesto—[Interruption,]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Members are being amazingly rude. The Minister is trying to put Third Reading to the House. There are people who have not been here all evening and they are making a noise. Stop it!

[Jo Churchill]

Thank you, Madam Deputy Speaker. I assure the House that I will be speaking. We all stood on a manifesto commitment to recognise the sentience of animals, and here today we can say that we have delivered on that promise. The Bill creates a timely, targeted and proportionate accountability mechanism in the committee; provides that expert assurance that Ministers are well informed; and gives us greater transparency about policies. I would like to take this opportunity to thank all hon. Members who contributed to the scrutiny of the Bill and everyone who took time to share their views with me, as this has helped to inform the discussion. We have, I hope, reached a clear shared understanding of how this Bill will work and of the fact that it will work.

I am particularly grateful to my hon. Friend the Member for Tiverton and Honiton (Neil Parish) and his colleagues on the Select Committee on Environment, Food and Rural Affairs for their rigorous and constructive scrutiny of the Bill. I am also grateful to those who participated in the Public Bill Committee, which was chaired with such efficiency and good humour by my hon. Friend the Member for Broxbourne (Sir Charles Walker). I thank the hon. Member for Newport West (Ruth Jones) and her colleagues on the Opposition Front Bench for their engagement. Special thanks are due to my hon. Friends the Members for North Devon (Selaine Saxby), for Workington (Mark Jenkinson) and for Bracknell (James Sunderland) for the way they have helped steer this Bill through. Proceedings on Bills depend on hard work behind the scenes, and I thank the parliamentary Clerks, the animal sentience top Bill team and my private office for their support and their sense of humour throughout. This Bill will recognise the fact of animal sentience in UK law, and I commend it to the House.