Animal Welfare (Sentience) Bill [HL]

Debate between Lord Herbert of South Downs and Lord Moylan

Consideration of Commons amendments
Thursday 7th April 2022 Lords Chamber

[Lord Moylan (Con)]

My Lords, I want first to thank my noble friend the Minister, who has put an inordinate amount of effort into discussing concerns about this Bill with those of us who have them. I congratulate him not only on becoming a grandfather but on landing this Bill, as he does today.

However, it remains a very bad Bill and I think it is worth repeating why. It is not because it entails a huge administrative reorganisation; in this House, we take huge administrative reorganisations in our stride. We have been reorganising the National Health Service over the past few weeks, which is possibly the largest organisation in the world, certainly in Europe. The Government’s defence of the measure is essentially that it is administratively very minor: it just sets up a committee; it is an advisory committee, and Ministers will make final decisions—“There is nothing to see here; move on”. But the important part of the Bill is not its administrative effects but the fact that it is a declaratory Bill. It declares something in the law of the United Kingdom for the first time to be true—that is, that animals, vertebrates and certain non-vertebrates, are sentient. I know that this appeared previously in a treaty that we were party to, but it moves it on a considerable step to incorporate it into domestic law in this way.

It is worth asking why that declaration matters. It matters because it is very much part of the agenda of the animal rights movement to achieve agreement on three things. The first is that animals are sentient; the second is that sentience is the sole basis for judging moral conduct; and the third, as a consequence of that, is that humans and animals are to be treated on the same basis in moral terms. That is a complete upturning of our established view of moral conduct; it is a completely new anthropology. This Bill is therefore profoundly anti-human. It opens the door to a moral calculus in which people can ask the question: how much chimpanzee suffering is equivalent to a human baby suffering? That is why it remains a very bad Bill. It is a Bill that we will come to regret.

[Lord Herbert of South Downs (Con)]

My Lords, I draw attention to my interests as declared in the register. I thank my noble friend the Minister for indicating that the Government wish to agree with these sensible amendments, which merely import principles which previously existed in relation to sentience provisions in the Lisbon treaty and will create a better balance in the Bill and in the operation of the sentience committee.

I fear that I rather agree with my noble friend Lord Moylan that this remains a bad Bill and it stores up trouble for the future, but we have made all those points before. Even if the Government came to this late, they are wise to have accepted the view of the Commons that some balance needed to be injected into the measures, so we are doing the right thing by agreeing with them. I thank my noble friend for everything that he has done to get us to this place.