Animal Welfare (Sentience) Bill [HL]

Debate between Baroness Hayman of Ullock and Baroness Deech

Committee stage
Tuesday 6th July 2021 Grand Committee

[Baroness Deech (CB) [V]]

My Lords, I shall start by speaking to Amendment 19 in the names of the noble Lords, Lord Moylan and Lord Mancroft, and myself. It is designed to secure medical research and the UK’s world-leading place in it, to ensure that animal activists cannot interfere with future or past research, and to guarantee a safe environment for our researchers. More than that, Amendment 19 is designed to protect human welfare and sentience.

Now, more than ever, we owe a huge debt of gratitude to our scientific researchers who have saved thousands of lives and given peace of mind to British people and people around the world, first in the development of the Covid vaccine, although I will give more examples. I live in Oxford and went straight to the top when investigating the necessity for this amendment and the damage that might be caused if it is not passed. Dame Sarah Gilbert, the developer of the AstraZeneca vaccine, has said that she relied on research using non-human primates, ferrets and Syrian hamsters. How could any committee dare to start pontificating about what research may or may not be carried out using animals in the face of what has so recently been achieved?

Given the age demographics of this House, it is worth highlighting the recent FDA approval for Aduhelm, the first new treatment for Alzheimer’s in more than 20 years and the first therapy to target the fundamental pathophysiology of the disease. A key researcher in this, and winner of the Breakthrough Prize and the Brain Prize, is John Hardy of University College London. It took more than 20 years of research, largely involving work on genetically modified mice, to reveal what leads to cell death and plaque formation in the human brain. According to Sir Colin Blakemore, it is inconceivable that the background knowledge for the development of treatments could have been gained without animal research.

Researchers are also using monkeys for a wide range of disorders and the Covid vaccine. Researchers use them to test the safety of vaccine compounds, and to discover how the virus works inside the body and whether it can reinfect people who have already recovered from the virus. It is vital that such research should be protected. While their use in Europe is very limited, China has recognised the opportunity that this gives Chinese researchers and huge amounts of money have been poured into primate facilities for research in China.

Sadly, some animal rights organisations have disparaged the biomedical research process during the past year. They have spread misinformation, and even seem to prefer people to die rather than study animals. The use of animals in experiments and testing is highly regulated in the UK under the Animals (Scientific Procedures) Act 1986, which adopts the principles of the three Rs: replacement, reduction and refinement. Let us celebrate the wonderful work done here in the UK to save lives by guaranteeing through this amendment, and by a statement from the Minister, that nothing will be considered or done to impede that research.

Turning to Amendments 31 and 35, I fully support the remarks of my noble and learned friend Lord Etherton. These amendments are designed to restore to the remit of the committee to be established by the Bill the balance that used to be reflected in European law. The committee will have retrospective powers—that is, it can look back over past animal issues and reopen them. If the committee were to raise issues with Jewish methods of killing animals, the Secretary of State would have to lay a response to those views before Parliament. The Government have in the past stated their commitment to protecting that custom, but the Bill could undermine that. The proposers need the Government’s assurance in this debate that, were such a situation to arise, they would guarantee their commitments to religious communities. In saying this, I support the noble Lord, Lord Sheikh.

There are arguments about the least cruel method of putting animals to death. The Jewish way, after much consideration, is regarded as effective because it causes an immediate loss of cerebral perfusion. Stunning, however, is driven by speed and commercial utility and goes wrong in many more millions of cases of animal deaths than ever take place in Jewish killing.

Despite the requirement in European law on balance, the European Court of Justice last year upheld a Belgian ban on Jewish and Muslim practices of slaughter without stunning. The argument that stunning is less injurious than non-stunning does not hold water. We should not apply double standards. The Food Standards Agency survey of 2017 estimated that hundreds of millions of animals were killed without effective stunning; gassing, in particular, causes great distress to animals killed that way. The European Food Safety Authority reported that, in the most recent count, 180 million chickens and other poultry were killed using insufficient electric charge. We do not kill our animals with great attention to their welfare, leaving aside the Jewish and Muslim methods. Rabbits’ necks are broken and fish starved and suffocated. We even mistreat our pets, breeding them to a lifetime of ill health and depriving them of their natural habitats. If the new committee in the Bill is to do any good, it should concern itself with making sure that slaughter methods as they exist are carried out as they should be and existing welfare standards are enforced.

Will the Minister accept these amendments and ensure that Jewish slaughter practices are protected? Not to do so would be seen as an unwillingness to make a home for those elements of the Jewish community —and the Muslim community—to whom this is of major importance.

[Baroness Hayman of Ullock (Lab)]

My Lords, I am speaking to Amendments 15, 39 and 45 in my name and that of the noble Baroness, Lady Bakewell of Hardington Mandeville—I thank her for her support—and Amendment 47 in the name of my noble friend Lady Young of Old Scone, to which I have added my name. I will make some comments on other amendments in the group.

Amendment 15 provides the criteria for which policies are in the remit of the committee and for the committee to report on those policies while they are being formulated, while keeping the discretionary power for the committee to look at any other policies. As the noble Baroness, Lady Bakewell of Hardington Mandeville, said, if we do not do that, the remit will become far too wide to be manageable. The current text of Clause 2 allows the committee to prepare reports on any government policy that is being or has been formulated or implemented. While I welcome that wide scope, we need some organisation of activity. Without it, in the face of the overwhelming range of government policy, the committee may well struggle to take a strategic and prospective approach to its work.

Our amendment would answer concerns raised by a number of noble Lords about how the committee would cope with the potential amount of work. The policies that the Government should be looking at are ones that should be reasonably 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. Beyond those mandatory reports on policies within its remit, the committee could retain the freedom to report on any other policy that it felt might have an impact on the welfare of animals as sentient beings.

Crucially, our amendment would also allow the committee’s reports to contain recommendations on how the policy could be made to have a positive effect on the welfare of animals as sentient beings. At Second Reading, the Minister suggested that the committee would be able to

“encourage policymakers to think about the positive improvements that they can make to animal welfare—not just minimising adverse effects”.—[Official Report, 16/6/21; col. 1945.]

We very much welcome these remarks, but the text of the Bill needs to be brought into line with them, as Clause 2 currently specifies “adverse” effects being the subject of committee reports. Given that the Government believe, as we do, that the committee should have the freedom to consider how policies could enhance animal welfare, we hope that the Minister will recognise that our amendment would resolve this issue.

Amendment 39 is also designed to help to structure the way in which the committee would consider government policy with regard to animal sentience in a straightforward way by putting a duty on Ministers to inform the committee in a timely manner of relevant policy development. As I said at Second Reading, it is paramount that the committee can look at policies right across government. The Bill currently creates only a discretionary duty for the animal sentience committee to review whether a government policy has had appropriate regard to the welfare of sentient animals. There should be a mandate with a clear duty for a review of all policies that fall within well-defined criteria. A duty on Ministers to inform the committee would help to achieve that outcome.

Amendment 45 proposes a new clause that is essential to ensure that the Bill provides a functional replacement to the sentience duty that applied in law when the UK was a member of the European Union. We have heard a lot today from noble Lords about Article 13 of the Treaty on the Functioning of the European Union and its intertwined elements—recognition of animals as sentient beings and a duty to pay “full regard” to animal sentience in formulating and implementing policy. Although it was limited to certain areas of policy, Article 13 imposed a direct legal obligation on the EU and its member states to pay full regard to animal sentience. It was a direct responsibility on decision-makers, in the form of government Ministers.