Animal Welfare (Sentience) Bill [HL]

Debate between Lord Herbert of South Downs and Lord Benyon

3rd reading
Monday 13th December 2021 Lords Chamber

[Lord Benyon (Con)]

My Lords, I thank my noble friend Lord Herbert for his contributions to today’s proceedings and earlier debates on the Bill. I have previously addressed at length a number of the points he raised, so I do not intend to detain the House long. He made an incredibly good speech, and some of his points struck home—I felt a bit like that painting of St Sebastian.

The weakest argument he put, echoed by my noble friend Lord Cormack, seemed to suggest that this House cannot hold two thoughts in its head at the same time. Of course, the priority of this House, the Government and all of us is to deal with the pandemic, but the idea that you cannot produce legislation on any other subject, which is the logical conclusion of his argument, is one that I am afraid I do not agree with. But he made other very good points.

I suggest to the noble Baroness, Lady Mallalieu, that this concept of animal sentience was on the statute book; we had it under Article 13 of the Lisbon treaty. The debate, which will continue in another place, is about the degree to which we transpose that. I understand the points she made.

I make an absolute assurance to the noble Baroness, Lady Deech, who is not here. The noble and learned Lord, Lord Etherton, made a very good point, and I respect him and his knowledge. On the point about judicial review, we have done all we can to limit the duties that a Minister has to abide by. That is where judicial review really hurts Ministers—if they fail to follow a duty in the Bill—but I absolutely concede that organisations will continuously try to judicially review the Government, on this legislation and elsewhere. The question is: will it be successful? Will it be permitted to be taken forward? Just the week before last, an organisation wanted to take the Government to judicial review and was refused by the courts.

Finally, on religious rites, I made a promise on Report and continue to make that point. The noble Baroness, Lady Deech, the noble Lord, Lord Sheikh, and others made genuine points about concerns in the communities they come from or sought to represent in their words on this Bill. I and the Government take these concerns really seriously and want to give them every assurance that the Government’s policy remains to support them on these matters of religious importance and on how they wish to have animals slaughtered. We will make officials and Ministers available to give those added reassurances.

I again thank all those involved to date in the Bill’s passage and hope my noble friend will be persuaded not to push his amendment.

[Lord Herbert of South Downs (Con)]

My Lords, this has been a good airing of the issues; we have all said our piece. I have no wish to try the patience of the House, which wishes to get on to other matters, any longer. I hope that Members of Parliament will heed what has been said, and that in due course we will have an opportunity to consider amendments that they make, so that this House performs the job of being a revising Chamber—because the Bill has not so far been revised at all. With that, I beg leave to withdraw my amendment.

Animal Welfare (Sentience) Bill [HL]

Debate between Lord Herbert of South Downs and Lord Benyon

Committee stage
Tuesday 6th July 2021 Grand Committee

[Lord Benyon (Con)]

I am grateful to my noble friend. I will write to him about the committee’s make-up and remit and repeat any points he may have missed in our conversations or in earlier proceedings about how we feel this committee should exist. Of course, we are going into a spending round and these issues will be reflected in that, but I have declared openly how the resources will be found.

I will correct my noble friend on one point. When I said “highly regulated”, I was talking about how we use animals in scientific research. That is something we can all be extremely proud of. In animal research, we have one of the most highly regulated science communities. I share his desire for less bureaucracy and less regulation for the farming community. There are changes afoot that I hope he will be extremely pleased about. We will see a simpler range of policies, which will make life easier for rural businesses. When I referred to high regulation, I did so with pride that we have an active and vibrant scientific community based on research into animals, and that it is properly regulated by probably the best regulation in the world.

[Lord Herbert of South Downs (Con)]

My Lords, I declare my interest with various positions in the Countryside Alliance.

I would be grateful if my noble friend the Minister could elucidate this point: the thrust of almost all the contributions by noble Lords today has been that the Bill’s scope is too broad and that the powers of the committee that is to be set up insufficiently constrained. The architecture being established is far broader than that which exists for the Animal Welfare Committee—an issue we are about to explore—and the effect of the consideration of sentience will be far greater than the declaratory effect that sentience had in the provisions in European law. As has been raised, all this suggests that there is a greater potential for judicial review.

So far as I could see, in responding to all these points the Minister said that the remit would remain broad, sentience would not be defined and the committee’s powers would not be constrained. My simple question is therefore: does he accept the views expressed by most noble Lords this afternoon that the Bill is imperfectly drafted, that the committee’s powers are too broad and that it needs to be constrained? Is that important position accepted or not? Is the Minister dismissing all the views expressed by way of amendments today and essentially saying to us that the balance struck in the Bill is perfect?

[Lord Benyon (Con)]

My Lords, I would never have the temerity to say that anything was perfect in this world, and legislation is a messy process. I assure my noble friend that I believe that we are sailing the right path between creating something that is unwieldy and a burden on government and something that is—I hope he will agree when it is established—proportionate. It can range around government looking at important things and will inform the way decisions are made.

My noble friend mentioned the risk of judicial review. The Bill places additional legal duties on Ministers only in so far as it requires them to submit written responses on the parliamentary record to the animal sentience committee’s reports within three months of their publication. The Secretary of State for Environment, Food and Rural Affairs is additionally legally required to appoint and maintain an animal sentience committee. This means that the Bill creates only two additional grounds for judicial review: a failure by the relevant Minister to respond to the committee within three months and a failure by the Secretary of State for Environment, Food and Rural Affairs to establish and maintain an animal sentience committee. I hope that gives my noble friend some reassurance.