Eggs (England) Regulations 2021

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 23rd November 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this short statutory instrument. I think it is the shortest statutory instrument I have ever had to speak to, but it has very important issues at its heart.

A small percentage of British eggs are exported, and these are only ever grade A eggs, according to the Explanatory Memorandum. The British egg industry is 89% self-sufficient and produces plenty of eggs for consumer needs. A very small percentage of eggs are imported. During the period when Covid-19 was at its peak, eggs were imported from Spain due to supply chain difficulties. It is essential that only grade A eggs are imported and important that there should be adequate checks on these eggs.

It is, of course, practical for these checks to be done at the packing centres where egg marketing inspectors are already carrying out visits. However, I would like reassurance that it would not be possible for imported eggs to enter the retail market without going through a packing centre. I presume that if eggs were checked at the border on the point of import it would be very difficult for them to go unchecked and enter the retail chain. Can the Minister say whether it would be possible for eggs to leave the point of import and avoid going through a packing centre?

There is also an issue with labelling. Eggs stamped with the Lion symbol are processed through exclusive Lion packaging centres that do not deal with imported eggs, as that is prohibited under the Lion scheme rules. The BEIC, which runs the Lion Quality scheme for egg production, owns the Lion Quality trademark and is obviously keen to protect its product.

Eggs entering the GB market and coming from countries that have equivalent standards to home-produced eggs are not labelled. However, eggs coming from countries that do not have equivalent standards are labelled “non-UK standard” or “non-EC standard” and with the country of origin. How confident can consumers be that this labelling is accurate?

I understand that these eggs are likely to be used for mass catering and retail. Given the small percentage of imported eggs—10%—it is likely that these eggs will end up being used for catering purposes—

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I apologise for interrupting the noble Baroness. She will be aware that a Division has been called in the Chamber. The Committee will adjourn—I am hesitating to say for 10 minutes, because I am not quite sure whether that is what has been agreed—for certainly no more than 10 minutes to allow noble Lords to register their votes.

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[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as I said, given the small percentage of imported eggs—10%—it is likely that they will end up being used for catering purposes. However, the consumer will not be informed that they are consuming products made with imported eggs. Given the contribution made by the noble Lord, Lord Rooker, on the fraudulent labelling of eggs, is this a concern for the Minister?

The consultation carried out online received six responses, with one agreeing to the proposal and the other five expressing a preference for checks at the border. Could this poor response be due to the online nature of the consultation? Although it is practical for the checks to take place at packing centres, it is important to keep the industry on board. With only one in six producers content with the proposals, it seems as though the Government are riding roughshod over the egg-producing industry. The noble Baroness, Lady McIntosh of Pickering, referred to this, although she did not use those words.

The Explanatory Memorandum indicates that:

“a round table will be scheduled with industry”

to mitigate any concerns. Can the Minister say whether this round table has taken place yet and, if so, what the outcome of the discussion was? If it has not yet taken place, has a date been fixed in the future? Can he provide reassurance that the cost of checks will not fall on the egg industry? The noble Earl, Lord Cathcart, referred to the costs involved. I am concerned to hear again from him that Defra is actively encouraging the import of cheap eggs. Why, given that GB is virtually self-sufficient in egg production?

Lastly, given that the Lion Quality assurance scheme accounts for 90% of GB egg production, can the Minister say how many packing centres are therefore likely to be dealing with imported eggs? The noble Lord, Lord Rooker, asked some very searching questions, and I look forward to the Minister’s response, but I am generally content with this SI.

Trees: Ips typographus

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 1st November 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the eight-toothed spruce bark beetle is only 4.2 millimetres to 5.5 millimetres long and therefore very difficult to spot and identify. How can the Government be absolutely sure that it is not more widespread than the demarcated areas to the south and east of London?

[Lord Benyon (Con)]

I am very happy for the noble Baroness to have a detailed briefing on the measures we are taking, but we have an extensive trapping system, using pheromone traps to attract the beetle. We are counting it in infected sites and working in the containment area and beyond to make sure that it is not spreading. The phytosanitary measures we have put in to retain diseased timber in that region are also very important.

Farming Rules for Water

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 1st November 2021 Lords Chamber

[Lord Benyon (Con)]

I will discuss my noble friend’s suggestion with the Farming Minister. Life is quite complicated for farmers at the moment. If we start trying to map the country in terms of how we allow different levels of manures to be applied, there may be a further problem—but I take his point, which is well made.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the National Pig Association has warned that the Environment Agency’s long-awaited statement on the farming rules for water could have significant impacts on pig and arable producers. Many pig producers will not be able to comply with some of the conditions, such as preventing application on sandy or shallow soil. Discussions have taken place between the EA and the NPA, providing clarity that will resolve the issue for only some producers and for only this growing season. There is concern that the majority of producers will still not be able to use the RPS. Would the Minister care to comment?

[Lord Benyon (Con)]

I would. The noble Baroness makes an important point in relation to some pig farmers, but we want to make sure we are cleaning up our rivers. That means working with farmers to find a sensible system of rules that apply long-established good farming practice so that manures are applied only to crops that will take up those nutrients and none will leach through into catchments or river courses.

Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 19th October 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his introduction to this SI. I thank him and his officials for the useful briefing that they took the time to provide to me and to the noble Baroness, Lady Jones of Whitchurch. As has been said, the SI allows third countries equivalence on organic produce without the need for the time-consuming process of passing secondary legislation on each occasion. The power now rests with the Secretary of State to decide.

Paragraph 2.2 of the Explanatory Memorandum states that changes to the lists of countries and produce

“will be communicated to relevant stakeholders in a timely manner”.

Can the Minister say exactly what “a timely manner” is? Will the list always be updated immediately after equivalence is granted, or will there be occasions when this may take longer?

I note that no impact assessment was prepared for this SI, as the changes are said to be merely administrative. I am sympathetic towards streamlining procedures relating to legislation but do not believe that Parliament should be bypassed in all cases, especially when trade agreements are being considered.

The noble Baroness, Lady McIntosh of Pickering, has already raised my next point. The chair of the Secondary Legislation Scrutiny Committee, of which I am also a member, wrote to Minister Prentis challenging the assumption that the new administration process was merely technical and would have low impact. The committee took the view that making an equivalence decision on a third country would almost certainly be more important than suggested and felt that removing the oversight of Parliament by switching from a legislative to a purely administrative process was a concern. In her response, Minister Prentis indicated that

“when a third country applies for equivalence recognition for the purpose of organics trade, it must provide all necessary information, including details of its control system and production standards, on the basis of which a decision can be made … recognition is limited to … three years. The Secretary of State may recognise a third country as having equivalent organic standards only once they are satisfied that these criteria for recognition have been met … Additionally, a third country recognition is generally part of a wider trade agreement, which would require Parliamentary ratification”.

If Parliament is to be involved in a trade agreement with a third country, why cannot it be involved in that country being added to the list for organic equivalence, especially if that is going to be part of its trade agreement? Can the Minister indicate how many countries are likely to apply for organic equivalence which are not in negotiation for a wider trade agreement? This might help us to see just what the scale of the workload would be if each was to go through the statutory instrument process instead of the informal administrative process proposed today.

As the Minister said, there is a cut-off date for reassessment of 23 December 2023. What will happen after that date? Will this be a cliff edge, or will there be renegotiations prior to that date?

A number of countries are in negotiations for trade agreements with the UK. How can the public be assured that the very high standards that they currently enjoy on organics will not be lowered during negotiations? I remain concerned that this speeding up of the administrative process has no legislative grounding and look forward to the Minister’s response and possible reassurance.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for introducing this SI and for the helpful briefing that he organised beforehand. On the face of it, this seems to be an innocuous change, but, like other noble Lords, I do not feel that it is quite as straightforward as it first appears. I therefore have a number of questions that I want to raise.

First, we have a strong and blossoming organic sector in the UK and it is important that we protect the very high standards that consumers expect of organic products. In particular, it is vital that the UK organics market cannot be undercut by inferior products from third countries claiming to be of the same organic standards. When this was debated in the Commons, the Minister, Victoria Prentis, made it clear that organic trade between the UK and any third country in the future will be the subject of the provision of free trade agreements or treaties.

This immediately rang alarm bells because, as we have seen with other trade deals, most notably the one with Australia, the Government have been prepared to sell out our high food standards when it suits them to have a wider trade deal. Can the Minister clarify the status of our current organic standards? If, as he says, they are set out in retained EU legislation, could they be disregarded in a future trade deal?

Victoria Prentis also said that Parliament would have oversight of those trade deals that might impact organics. Can the Minister clarify whether this is the same oversight that exists for all other trade deals, on which Parliament has in truth had no real say and, as we all know, the views of the Trade and Agriculture Commission, which was set up to act as a mediator, if you like, are widely disregarded? Would organics be caught up in that same process?

Secondly, one of the main arguments put forward in the Explanatory Memorandum for the change is that ports, local authorities and businesses will be able to find an up-to-date list of the organic products that can be imported, as they will be listed on the government website rather than in legislation. I do not find this a compelling argument. I do not really see why this cannot be done in parallel with the original scrutiny process of making changes via SIs. For example, the Minister, Victoria Prentis, said that there were 13 countries, plus the EU, and about 55 control bodies currently listed. Despite what the EM says, I cannot imagine that there will be a swamp of new applications which will become unmanageable. If the concern is that those organisations change their addresses frequently, surely the solution would be to deal with this aspect of approval administratively rather than through the whole recognition of a new country or control body. I would be grateful if the Minister could clarify why it is not possible to have those two systems working in parallel with the original parliamentary scrutiny that we have previously enjoyed.

Thirdly, as noble Lords have said, the Secondary Legislation Scrutiny Committee has drawn these regulations to the special attention of the House on the grounds that they are politically or legally important. We agree with its analysis

“that secondary legislation is indeed an appropriate vehicle for the type of changes that are the subject of this instrument, and that the Secretary of State’s general accountability to Parliament is not a suitable replacement for parliamentary oversight of individual decisions in this area.”

As my colleague Daniel Zeichner said in the Commons in agreeing with the Secondary Legislation Scrutiny Committee,

“We have all heard that argument and we know how well that works in practice. Frankly, we need something better than that.”—[Official Report, Commons, Delegated Legislation Committee, 21/9/21; col. 5.]


To press the Minister on this, if the SI goes through, how would we in practice hold the Secretary of State to account for listing an organic producer that we thought was in danger of undercutting our current organic standards? If a trade deal were signed that opened up the market for a third country for organics with lower standards, which of the many Secretaries of State would we be trying to hold to account anyway? Would it be the Secretary of State from Defra or from the Department for International Trade? Whom will we chase on these issues if such an event occurs?

Finally, I ask the Minister about the devolution implications of this SI. In an exchange in the Commons with David Doogan of the SNP, the Minister revealed that there is a long-standing disagreement about whether this issue is a devolved matter. Rather than getting legislative approval from the devolved Governments, as would be the normal process, the Government on this occasion sought the approval of the organics four nations working group. Does the Minister feel that this is a satisfactory way to proceed? What is being done to get the devolution disagreements back on track so that we can have the proper process of agreement in place?

While I am on that, there is some question over whether the UK organic certifiers have agreed to the proposals, as suggested in the Explanatory Memorandum. As my colleague Daniel Zeichner reported, they reported to him that their preferred form of scrutiny of future applications is an independent expert group, rather than their having to rely purely on the Secretary of State to make those decisions.

We feel that this SI is unsatisfactory in a number of regards and hope that the Minister will be prepared to reflect further, not only on our concerns but on those of the SLSC, which we feel were well made. I look forward to his response.

Culling of Pigs

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 14th October 2021 Lords Chamber

[Lord Benyon (Con)]

I can assure the noble Lord that we are taking action on a range of issues, which we hope will resolve the problem in the coming weeks. We are working with AHDB to identify export markets to fill the gap of the 21% of exports that are no longer available to the Chinese market because they withdrew licences because of Covid. He is right to point to the labour issues. These are principally because, at the end of the Covid restrictions, many overseas workers returned home and we are seeking to find ways to bring large numbers of them back. There is a deficit of between 800 and 1,000 butchers which we want to fill. There are many other things we are working on to ensure the mainstream supply of pigmeat, including, of course, for Christmas.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is heartbreaking to raise stock from piglets to fully grown pigs ready for slaughter and the supermarket shelves, only to have to cull them on farm and waste their meat. An influx of skilled workers from abroad could alleviate this situation. What is the Minister doing to lower the English language requirement for meat processing workers, who clearly do not need the same level of fluency as a GP?

[Lord Benyon (Con)]

That is a very valid point. Part of our discussions and the announcement that I hope we will be able to make imminently reflects what is also done in the poultry industry, where those changes were made to encourage more workers to come over and operate in that sector. We hope that this will alleviate the labour problems in this sector.

Animal Welfare (Sentience) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Tuesday 20th July 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Trees. This group of amendments is varied and I am grateful for the various briefings I have received, particularly from the Better Deal for Animals coalition. I am disappointed that some Peers taking part today are asking the Minister questions which he already provided full answers to on the first day in Committee.

Amendment 21 restricts the work of the animal sentience committee to impending policy and prevents it reviewing existing policy, even though there may be evidence that a review is necessary. I agree with the noble Viscount, Lord Trenchard: I am not sure why this amendment was not included in the previous group. Amendment 22 requires the ASC to obtain consent from the Secretary of State before beginning to construct the report on its work. The noble Viscount spoke to these two amendments.

The noble Baroness, Lady Jones of Moulsecoomb, has introduced Amendments 20, 27 and 41, which deal with ensuring that a report is produced by the ASC and that it should declare whether it is to be answered through the affirmative or negative procedure. The noble Lord, Lord Trees, has supported these amendments, as do we.

The noble Earl, Lord Caithness, has introduced Amendment 38, which is supported by the noble Lord, Lord Hamilton of Epsom, and the noble Viscount, Lord Trenchard. Again, this introduces more bureaucracy into the workings of the ASC by insisting that it consults the Animal Welfare Committee. While these two committees are complementary and should share information in order for both of them to be effective, I do not believe that making it a requirement that the view of the Animal Welfare Committee should be published in all the reports of the ASC is necessary. It may well be desirable and happen as a matter of course, but making it a legal requirement in the Bill is unnecessarily bureaucratic.

I also do not feel it necessary to include Amendment 44, proposed by the noble Lord, Lord Mancroft. The animal sentience committee is there to provide additional evidence to inform policy rather than directing policy itself. The Minister will decide whether they wish to take notice of this, and it is therefore unnecessary to put it into the Bill. Whether the Minister should have a duty to take notice of the advice is another matter, but attempting to prove whether the advice has been adhered to is not currently a requirement of the Bill. There are examples of other countries’ animal welfare legislation which offer advice: the Scottish Animal Welfare Commission; New Zealand’s National Animal Welfare Advisory Committee and its National Animal Ethics Advisory Committee; and the Dutch Council on Animal Affairs. All these bodies offer advice which their respective Governments may consider when forming policy; they do not direct policy themselves.

I put my name down on this group to be able to speak in favour of Amendment 46 in the names of the noble Baronesses, Lady Young of Old Scone and Lady Hayman of Ullock. For animal charities and the public to have confidence in the work of the ASC, a published annual report on its work will be necessary. Transparency, rather than bureaucracy, is essential.

We have seen through the first day of debate in Committee that there is some considerable opposition not only to setting up the animal sentience committee but to the way in which it will go about its work, and the groups of animals that it can consider. The Bill currently limits the animal groups to vertebrates, which is very wide. We will return to whether this should be widened in the last group of amendments this afternoon. On the first day in Committee, several Peers wanted to limit the group of animals to be covered by certain activities such as agriculture, transport or space, with others wanting to exclude the words “sentient beings”.

Given the level of unease around the Bill and the setting-up of the committee and its work, it is essential that a report of its deliberations and advice given to the Minister should be published annually. The noble Baroness, Lady Jones of Moulsecoomb, has also spoken in favour of a published report. As I have indicated, transparency is very important, and I look forward to the Minister’s response.

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[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, I have received one request to speak after the Minister. I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I just want to refer to the contribution made by the noble Lord, Lord Hamilton of Epsom. He said that he hoped that vegans and vegetarians will not be on the committee as they might sway its decisions. Can the Minister confirm that the appointment of members to the committee will not be prejudiced against those of religious persuasions or other protected characteristics?

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, there is a Division in the Chamber. The Committee stands adjourned for five minutes.

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[The Deputy Chairman of Committees (Lord Lexden) (Con)]

The noble Lord, Lord Howard of Rising, whose name is next on the list, has withdrawn, so I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the last group of amendments is quite long and seeks to limit the scope of the Bill and the groups of animals considered to be sentient.

The noble Lord, Lord Moylan, has spoken in favour of Amendment 48, which would remove vertebrates in favour of mammals, Amendment 52, which would add fish, Amendment 53, which would add birds, and Amendment 57, which would limit the classification of invertebrates to cephalopods and decapods. The noble Lord makes a claim that animals are capable of feeling pain but not other emotions, such as pleasure. I fear I do not agree. A family pet dog is very capable of showing pleasure. When I get home after a week in London, our collie is overjoyed to see me, and there is no mistaking his enthusiasm. As regards the scope of sentience, we should be led by the science available for each group of animals.

Amendment 50, moved by the noble Lord, Lord Robathan, is to apply to domesticated animals in the British Isles,

“under the control of man”

and not living wild. I am certain that he would have been supported by the noble Viscount, Lord Trenchard, if he had not withdrawn. I support the noble Lord, Lord Robathan, in not changing the wording of proposed new subsection (1)(b). He is correct: we all understand what is meant by mankind, and I am not personally offended by the use of that word. While I sympathise with these amendments, I am not sure why it is necessary to limit the group of animals to be included or excluded. It is likely that by adopting Amendment 50 in particular, some animals which are being farmed and also live wild, such as deer—not really cute ones—are likely to be treated differently depending on their status. That is likely to cause unnecessary confusion.

The noble Baroness, Lady Jones of Moulsecoomb, put her name to Amendment 51, which we support. I am speaking in particular to Amendment 48 in the name of the noble Baroness, Lady Hayman of Ullock, to which the noble Lord, Lord Randall of Uxbridge, and I have also added our names. At Second Reading, reference was made to the evidence on decapod crustaceans and cephalopods being sentient beings. I am not naturally squeamish, but I found the deliberate shocking of shore crabs to see whether they were capable of feeling and remembering pain somewhat unpleasant. The experiment having been conducted during trials, the result is conclusively that they are sentient and have some advanced cognition. Similarly, the octopus is capable of feeling and remembering pain, so I believe both groups should be included in the Bill rather than being left to be added at some later stage.

The noble Lord, Lord Hamilton of Epsom, has raised some interesting publicity on the fate of lobsters and how those destined for the restaurant trade should meet their end. Given that the vast majority of lobsters reach restaurants in a live condition, I cannot see that the Bridlington lobster trade will be adversely affected by how lobsters are prepared for the table.

I can also see that some will think that the Bill is a back door to banning angling and the shooting of game birds. I believe that we are a long way from reaching that conclusion; I would not support it if that were the case.

I fully support moves to include decapod crustaceans and cephalopods in the classification of sentient creatures. I will listen carefully to the arguments in favour of the rest of the amendments in this group and the outcomes their tablers are looking to achieve.

In response to a question on the first group, the Minister gave the impression that the inclusion of these groups is something for another Minister. I hope he can confirm that the classification of animals included in this Bill should be widened at this stage and not at some date in the future.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, the noble Lord, Lord Hamilton of Epsom, whose name is next on the list, has withdrawn.

Livestock Feed: Processed Animal Protein

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 6th July 2021 Lords Chamber

[Lord Benyon (Con)]

I entirely understand the point my noble friend makes, but we must not conflate issues relating to trade agreements with this particular issue. We have the highest standard here, which was brought in in a very precautionary way, at the time of a terrible disease. Science, and our understanding of this disease, has changed. Our ability to track where processed animal proteins come from allows for a change in policy. We have not taken that step yet, but we will consider it in due course with all the evidence. We must not conflate it with the trade issues that are so important to your Lordships.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, feeding animals processed animal protein is a revolting practice. Poultry, pigs, sheep and cows are not carnivores; they are vegetarian. Can the Minister give reassurance that no meat from animals fed on processed animal protein will enter the UK food chain? No matter how many standards and checks he thinks are in place, this should not happen, and the meat should not come from any country that has this practice.

[Lord Benyon (Con)]

Processed animal proteins have long been established as part of the rendering process. As a result of BSE, changes were made to prevent them. Currently, all processed animal products from this country are exported across the world for the pet food industry. We import vegetable proteins, such as soya, from countries which have much lower standards of agricultural environmental protection. I assure the noble Baroness that we are very cautious in this country about reducing the standards that were brought in at the time of BSE. What we are talking about here is TSE —about pigs, poultry and parts that are heat-treated and are an alternative to the proteins that other farmers use.

Animal Welfare (Sentience) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage
Tuesday 6th July 2021 Grand Committee

[Baroness Mallalieu (Lab) [V]]

I remind the Committee of my interests, as set out in the register. My name is down to Amendment 54 in the name of the noble Lord, Lord Forsyth, in this group, but I also wish to support a number of others—in particular Amendment 1 moved by the noble Lord, Lord Hamilton, as well as Amendment 3 proposed by the noble Lord, Lord Trees, and Amendment 34 proposed by the noble Lord, Lord Howard of Rising.

At the start of the Bill, I am still mystified as to what the Government want it to do, because so little of the essential detail is contained in it that the end result could equally be a damp squib or a bolting horse which this and successive Governments will come to regret having mounted. Surely it is not good enough to say that the deficiencies apparent in the Bill will be supplemented later by guidance. Proper parliamentary scrutiny is necessary—indeed, essential—not mere guidance, which can be changed at the whim of any future Secretary of State, so I strongly support Amendment 1.

The Government have got themselves into this unenviable position by declining, as others have said, to incorporate the policy that was covered by the aspects of the Lisbon treaty into our law, which would probably have been the sensible course. Their first attempt at a Bill was wisely withdrawn when it was pointed out that they were laying themselves open to multiple and expensive judicial reviews. I am a mere retired criminal barrister; others are involved in this Committee who are far better qualified than I am in relation to this aspect of the law but, if the department has been advised by its lawyers that the Bill poses no such threats, I would strongly advise an early outside expert opinion.

There is a long list of what we need to know from the Minister at this stage of this Bill. First, we need to know what animal sentience actually means in the Bill; we need a clear definition—and I support the one advanced by the noble Lord, Lord Forsyth, when he spoke at Second Reading, which is contained in Amendment 54.

Secondly, we need to know the remit of this committee. Do the Government really want to set up a running post-legislative scrutiny committee, or do we follow the line sensibly taken by the noble Lord, Lord Trees, in Amendment 3, which suggests that the committee should concentrate solely on policy that comes into effect after the committee is established? If it is to roam across every government department and every policy, which would include aspects of defence, medicine and trade, quite apart from agriculture, it has the makings of a giant and very expensive quango. Does it pick up and choose for itself what it examines? How many reports would it have to produce in a year, if that were the case? Can it commission research in itself—and, if so, who is going to pay for it? This has already been mentioned by the noble Lord, Lord Howard, but does the policy have to be delayed while all this is done? All these questions need answers before something is created which could easily run out of control. There must be a clear remit of what it can do, a proper means of setting a programme, and a proper budget to cover it.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I shall speak to Amendments 15, 39 and 45 in the name of the noble Baroness, Lady Hayman of Ullock, to which I have added my name. I am grateful to the Wildlife and Countryside Link for its briefings. Clause 2 currently allows the animal sentience committee to prepare reports on any government policy that

“is being or has been formulated or implemented”.

The scope is wide, but some rationalisation is required. Government policy is extensive, and the committee could be overwhelmed in attempting to take a strategic and prospective approach to its work.

Amendment 15, especially proposed new subsection (4A), would create a category of government policies that the committee must report on: policies that can reasonably be expected to have a significant effect on the welfare of animals, judged by the duration and severity of effects and the number of animals affected. The committee would, however, retain the freedom to report on any other policy that it felt may have impacts on the welfare of animals as sentient beings, including medicine, trade and, possibly, defence.

It is crucial, for the ASC to be successful, that it does not dilute its activity by spreading itself too thinly and investigating policies that will have no effect whatever on animals. The whole thrust of the Bill is about preventing harm and mistreatment of animals as sentient beings, but it is also important that the committee can look at policy that will make a positive improvement to the welfare of animals, not just minimise adverse effects, important though that is.

Amendment 39 would place a duty on the Minister to inform the ASC of any policy that is in preparation that comes within the remit of its work. This duty should not be onerous, as Ministers will know in advance of any policies likely to arise with an animal impact—for instance, trade deals involving shipment of live animals, or the import of meat from animals reared in a country with very different animal welfare standards from our own.

Lastly, I turn to Amendment 45, which would introduce a new clause after Clause 3 and should ensure that the ASC had a strategy that it was working to. The Secretary of State should produce an annual statement to Parliament on the progress of this strategy. Parliament, and indeed the public, will want to know how many welfare impact assessments the ASC has carried out over a 12-month period and what the outcome of that work has been.

Following Second Reading, it is clear that a wide divergence of opinions on the Bill is likely to be expressed this afternoon, most coming from the Minister’s own Benches. The Conservative manifesto made it clear that the Government would be bringing forward an animal sentience Bill in the new Parliament. This is an important matter for the voting public. However, it seems that some members of the Conservative Party did not quite understand what this would involve, or perhaps thought that the Government would quietly ignore this pledge. In all events, there is clearly a degree of disappointment in the Bill. I do not envy the Minister his role this afternoon as he seeks to negotiate a passage through some quite choppy water on the Bill, but I fully support it and look forward to his comments.

[The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)]

My Lords, the noble Lord, Lord Mancroft, has withdrawn, so I call the next speaker, the noble Lord, Lord Randall of Uxbridge.

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[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Baroness, and I support my noble friend Lord Forsyth in his desire to understand the relationship between this committee and the Animal Welfare Committee. I raised that both at Second Reading and in connection with the first group of amendments, so I hope that, now the formal Amendment 2 is on the table, my noble friend will respond vigorously to our need for more information on that.

The Minister said very clearly that there are only two responsibilities on the Government in relation to this committee. The first is to give written responses to the animal sentience committee reports and the second is to appoint and maintain the committee, yet the Bill, as currently drafted, is woefully thin on detail. The details on this are missing.

I am delighted to come forward with Amendment 13, which is a standard text for a number of bodies set up by the Government in earlier legislation. It replicates a similar text that set up the Trade Remedies Authority in the context of the Trade Act, and is intended to be entirely helpful. Bear in mind that the Government are asking this committee to have a cross-cutting role, yet the department itself is meant to have a cross-cutting role in rural proofing all policies across all departments. Take, for example, the importance and impact of the Covid-19 pandemic, in particular on the National Health Service, local hospitals and the Department of Health and Social Care, and the importance of rural policy in the general work of all local authorities, and in relation to transport and housing policy; I am not entirely convinced that we have seen the rural-proofing I would hope for from the Department for Environment, Food and Rural Affairs.

My question to my noble friend is: why has this policy of animal welfare sentience been taken a step further, to be preferred over the role the department has on rural-proofing? Why is it farming it out to a separate committee on animal sentience? It would be helpful to see why that is.

As my noble friend Lord Hamilton said in summing up the previous group of amendments, it would be extremely helpful to see what funding will be allocated to this committee. In particular, when are we going to learn what resources the committee will have? How many staff will it have and how will they be appointed? Will it be for the chair of the committee to appoint all the staff or will that be delegated to a chief executive? In particular, in proposed new subsection (17) in Amendment 13, I have said:

“The Secretary of State may by regulations make other provision about the Animal Sentience Committee including provision about … staffing … remuneration of members and staff … delegation of functions … funding … accounts and reporting.”


My understanding is that the autumn spending review —which I think will take place this year—is going to be extremely strict and will look at all departments, controlling and curbing their current expenditure. What reassurance can my noble friend give us today that, in seeking to set up a new body in the form before us this afternoon, it will actually have the resources that, in his view, it will need to do that work?

I am slightly disappointed—in fact, more than slightly disappointed; hugely disappointed—that my noble friend has simply stated that an estimate will be provided to us at an appropriate juncture. I would argue to my noble friend that that appropriate juncture is now. We are being asked to approve in Clause 1—which we shall come on to consider separately—that it will have the appropriate resources and the appropriate staff and will be able to carry out all the work appropriate to its function. I regret to say that I remain to be convinced but I hope that I will be proved wrong in the summing up that my noble friend will give on this group of amendments.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this is a very important group of amendments, which seeks in some cases to dictate which organisations and people should be on the animal sentience committee and for how long they should serve. I have added my name to Amendments 5 and 14, both in the name of the noble Baroness, Lady Hayman of Ullock.

Amendment 5 seeks to benefit from a diversity of expertise on the ASC, including veterinary science, agricultural science and ethical review and provides more flexibility to the Secretary of State. It is likely that some members of the committee will have more than one area of expertise and a membership of between eight and 11 is not unwieldy. It is important that the committee is not bogged down with too many members. The more members there are, the longer the meetings are likely to last and the less likely it is to reach a satisfactory conclusion in a reasonable timeframe. The amendment also ensures the appointment of a chair for the ASC by the Secretary of State. This dedicated chair role will allow the committee to speak with an established and independent voice, boosting its effectiveness.

I am not totally convinced that limiting the length of service of members to just one term of three years is satisfactory as this would lead to a loss of expertise. The members are likely to need a short time to acclimatise themselves to the working of the committee, and then to have to stand down at the end of three years and not be reappointed is, I believe, unwise. Some members may wish to leave at the end of three years; others will feel that they still have something to offer to the committee and want to do a second term. That should be an option for the Secretary of State. The Bill should not seek to fetter his discretion in the reappointment of the membership of the ASC.

Consultation on the appointment of the chair will be key to maintaining the confidence of organisations involved in animal welfare, especially if they are not likely to be members of the committee. The Wildlife and Countryside Link has a membership of some 51 organisations and NGOs. All will have a view on the membership of the ASC. Consultation with them and other interested parties will be key to the success of the animal sentience committee.

I will comment briefly on one other amendment in this group. I am afraid that I do not agree with noble Lords who wish the animal sentience committee to be subsumed into the Animal Welfare Committee. The public must have confidence in the work of the ASC. It is therefore essential for it to be a stand-alone committee with its own reporting regime and not merely a sub-committee of the Animal Welfare Committee, which already has a fine reputation and a heavy workload. A degree of separation is needed, and the Bill provides that.

I turn to Amendment 14 in this group. In order for the ASC to be successful, it will need an adequately funded secretariat and budget. This should be sufficient for it to carry out its work and to be able to call witnesses, should it feel that is desirable. I am sure the Government intend to provide funding for the running of this committee but, as others have said, there is nothing in the Bill that gives an indication that this is the case. I think I heard the Minister say, in his answer to the previous group of amendments, that there would be funding for a secretariat. I look forward to that assurance and to the Minister accepting this amendment.

[Lord Mancroft (Con)]

My Lords, my noble friend Lord Forsyth’s Amendment 2 addresses the likely conflict between the proposed animal sentience committee and the existing Animal Welfare Committee by subsuming one into the other. My later Amendment 43 addresses any conflicts that undoubtedly will occur between the two committees if they remain—if my noble friend’s amendment is rejected.

The other amendments in this group seek to add flesh to the bones of the Government’s committee, about which there is no information in the Bill—as I think every other noble Lord speaking to this group has mentioned. Whether or not one agrees with the detail of these amendments—I have concerns about some of them—they all seek to fill the gaps in the Bill that my noble friend Lord Forsyth talked about. They have been tabled from all sides of the Committee, because the Bill as drafted is completely inadequate and is in effect a Henry VIII Bill—one with no content creating a creature, the animal sentience committee, with a skeleton remit and limitless ability to range across government.

I cannot support my noble friend Lady McIntosh’s Amendment 13 because it sets up a new quango—there are already far too many of those—or Amendment 62 from the noble Baroness, Lady Jones, for the same reason. While I have some sympathy with the proposal from the noble Baroness, Lady Hayman, some of the detail does not stand up to scrutiny. She volunteers a pretty extensive list of expertise that members of the committee should have, including “animal welfare science”—but, of course, animal welfare is not a science. In practice, it is really a discipline. Why such a committee would benefit from expertise in “animal welfare advocacy” is unclear, but it seems to me an invitation to invite animal rights promoters on to the committee—something I strongly oppose, for reasons I shall explain when we reach my Amendment 12.

Much of what the noble Baronesses, Lady Hayman, Lady McIntosh and Lady Jones, propose is more simply resolved by my noble friend Lord Forsyth’s Amendments 11 and 40. If Parliament has the power to set the

“composition … budget, and … terms of reference”

and the Secretary of State has the power to approve or veto the committee’s programme of work, the issues raised by the noble Baronesses will be adequately resolved. For that reason, I will support Amendments 11 and 40. I very much hope my noble friend the Minister accepts them.

Animal Welfare (Sentience) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Earl, Lord Caithness, and to take part in this wide-ranging debate. I thank the Minister for his briefing and his introduction to this short but extremely important Bill, which ensures that animal sentience remains enshrined in law following our exit from the EU.

The recognition of animal sentience is not in dispute, as it has long been established that animals are sentient beings. Like us, they are capable of feeling pain, hunger, distress, pleasure and a sense of well-being and safety. All policies involving animals should take this into account. The noble Baroness, Lady Hodgson of Abinger, spoke eloquently on these aspects of sentience.

There is some discussion whether the categories covered in this Bill should be extended to include not only vertebrates but invertebrates, and there is provision in the Bill for this. We have heard the case for cephalopods, or octopi and squid, and decapod crustaceans—crabs and lobsters. As we are debating this inclusion so early in the passage of the Bill, it seems sensible for this to be included in it and not left to be dealt with later under statutory instruments. Can the Minister say whether the Secretary of State is open to such an amendment at this stage?

It is vital that the animal sentience committee, or ASC, can operate with sufficient resources and authority to make a real difference. Many of your Lordships have referred to this. A proper budget and secretariat will ensure that the ASC operates to public expectations. The financial support for this committee should not be an afterthought in either Defra or the Treasury’s financial planning—it should be central. The noble Baroness, Lady Young of Old Scone, referred to this.

Like others, I have received several briefings from animal welfare organisations, raising concerns about not only the membership of the ASC but its funding and the weight attached to its work across all government departments. While I am concerned about these issues, I am also anxious that the work of the committee and its ultimate aims should not get bogged down in judicial review. It is important to produce a Bill that is fit for purpose but does not provide loopholes which would end up in JR.

The ASC membership should, of course, contain relevant expertise. I received one briefing from a conglomerate/confederation of 51 animal charities and lobbies; it will clearly be difficult for the Government to please everybody in the membership of this committee. What is its size likely to be? The noble Baroness, Lady McIntosh, also asked questions around this. Clearly, the larger it is, the more cumbersome it will become and the longer it will take for it to complete its work on various pieces of legislation and policy, but it must be large enough to have sufficient representation from experts across a number of fields. Business interests will need to be included; we are already seeing concern over the free trade deal with Australia around the welfare of animals raised there very differently to how animals are raised in the UK. Essential membership should include representation from experts in wild, domestic and farm animals, as well as those that live in the sea.

I turn briefly to tenure. How long will the term of office be for the chair and members of the ASC, once appointed by the Secretary of State? Given the number of interested charities and organisations involved in animal welfare, a healthy turnover of representatives may provide reassurance.

The essentials to inspire confidence in the ASC’s deliberations and outcomes will not necessarily come from the number of representatives, nor just who or which organisations are represented on the committee. Instead, confidence will come from ensuring a wide range of expertise among the membership. It will come from complete transparency around the recruitment process and in all the workings of the committee.

The ASC will need to be accountable for its work to Parliament. This is especially important as it will cover policy across all government departments outside Defra. The ASC will need autonomy and independence, reporting on a yearly basis to Parliament, giving the Secretary of State three months to respond. Part of the reporting process should involve impact assessments of the various policies on the animals concerned.

Other Peers have referred to the need for an animal welfare strategy. This appears to be an essential part of the ASC’s work, and its absence perhaps an oversight. Can the Minister give reasons why there is no mention of such a strategy?

The noble Lord, Lord Trees, has raised the instances in the Bill where “may” is included. This seems to me a rather weak term which could easily be ignored. There are likely to be amendments in Committee to strength the legal provisions of the Bill. This should ensure that, as a suite of Bills under the Action Plan for Animal Welfare, the Animal Sentience Bill plays its full part in protecting animals.

The noble Baroness, Lady Jones of Moulsecoomb, suggested that the Bill is a publicity exercise. I hope the Minister will be able to reassure us that this is not the case: that the Bill will have legal status and make a difference.

The animal welfare plan makes it clear that there are very different categories of animals and that, therefore, different strategies are needed for dealing with their welfare. For instance, the duty to a farmed deer would be different from the duty to a wild deer. Both are the same species and sentient, but their lifestyles are very different. Flexibility in dealing with all animals will be key. The noble Lord, Lord Herbert, attempted to make this point when speaking on animal rights.

The Government will need to create clear duties and powers for the ASC to ensure that all relevant polices are considered. The avoidance of harm to animals is important, but so is the enhancement of the lives of animals. This aspect should be part of the remit of the ASC, as well as being proactive in its research and work, not just reactive. The noble Baroness, Lady Fookes, referred to this.

I do not subscribe to the view that the ASC should be a sub-committee of the current Animal Welfare Committee. It should be a stand-alone committee in order to have proper influence. I do, however, agree with the comments of the noble Baroness, Lady Mallalieu, on the wild animals in circuses Bill, which was a Bill to deal with just 22 specific animals, all bred in captivity.

I welcome the Bill and have learnt much from the debate this afternoon, which I have thoroughly enjoyed, especially the speech from the noble Earl, Lord Erroll. I declare myself a complete addict as described by the noble Lord, Lord Robathan. However, I look forward to the Minister’s response and to working with others during Committee on this important Bill, which I do not believe is about bossing Parliament about.

Agri-environment Schemes: Permissive Access

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 27th May 2021 Lords Chamber

[Lord Benyon (Con)]

I can assure my noble friend that this is being addressed outside environmental land management. We are bringing forward legislation this year to streamline the process of recording and changing rights of way. Under environmental land management schemes, it will be possible to find permissive routes that are more attractive to walkers and are mutually beneficial to the landowner and farmer as well.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I pay tribute to my colleague Lord Greaves, who in the past would have spoken on this Question. Following on from the question of the noble Earl, Lord Shrewsbury, it is important for the public to have access to the countryside. However, in order to achieve the aim of ELMS to encourage the return of insect and animal species, especially around field margins, which have already been referred to, does the Minister believe that rights of way may need to be constrained?

[Lord Benyon (Con)]

I echo the noble Baroness’s tribute to Lord Greaves. Alongside the crisis of species decline, a crisis of lack of engagement with nature by large proportions of the public is of equal concern to me and to this Government. I do not believe they are mutually exclusive; I think we can find an increased permissive paths system which does not compromise the desperate desire to find improved habitats for vertebrates, insects and wider species. So I can only assure her that we are looking at this as part of the tests and trials process.