Animal Welfare (Sentience) Bill [HL]

Debate between Lord Howard of Lympne and Lord Benyon

Report stage & Lords Hansard - part two
Monday 6th December 2021 Lords Chamber

[Lord Howard of Lympne (Con)]

My noble friend repeatedly emphasised during the course of his reply that the decision on these matters would be made by Ministers, but he will know, as we all do, that the decisions of Ministers are subject to judicial review. We have heard from no less an authority than the noble and learned Lord, Lord Etherton, that, without the language contained in Amendment 27 in particular, the risk of judicial review of those decisions by Ministers is increased, not reduced. What is my noble friend’s answer to that point?

[Lord Benyon (Con)]

My learned noble friend will know that there will be attempts to judicially review Governments at every stage of a process of policy, particularly in areas that are emotive and that carry great weights of public opinion in one way or the other. The question is not whether judicial review will be attempted but whether it will be successful. Last week Defra won a court case—as we do many times—against an attempt to take things to judicial review because the judge said it was not permissible to take the matter any further. That is why we have strictly limited the duties on Ministers that lie behind the Bill to only two areas. So I am not saying at all that there will not be attempts to judicially review, but I hope I can convince my noble friend that those attempts will not be successful because we have been so careful to limit the scope of the Bill.