Animal Welfare (Sentience) Bill [HL]

Viscount Trenchard Excerpts

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

[Baroness Fookes (Con)]

My Lords, I understand the worries of the noble Baroness, Lady Deech, about including or not including matters that relate to medical science and the slaughter of animals by ritual, religious methods. But unless I am much mistaken—the Minister will correct me if I am wrong—the Act that deals with the slaughter of animals specifically exempts ritual slaughter from what would otherwise be illegal. By the same token, we have legislation that deals with medical experiments which already tightly controls what may or may not be done. I cannot see, therefore, that the amendment being advocated can have any real substance to it, given those restrictions, and also bearing in mind that the committee that is being set up, although it is being set up by statute, does not have legal powers of any kind whatever. It will be entirely up to the relevant Ministers whether or not they accept any recommendations from that committee. In order to change the rules about medical science or the slaughter of animals, I believe there would have to be primary legislation. I hope my noble friend can confirm this.

[Viscount Trenchard (Con)]

My Lords, I intervene briefly to support Amendment 2 in the names of my noble friends Lord Mancroft and Lord Marland. I also wish my noble friend a speedy recovery from Covid. As my noble friend Lord Marland, who spoke so convincingly to the amendment, said, the animal sentience committee will be both judge and jury. My worry is that it will also be legislator, since it seems to me almost certain that, in the way the Bill is currently drafted, it is likely to stray into the area of scrutinising policy as well as process.

I remain worried that the committee will also overlap with the work of the Animal Welfare Committee, as the Countryside Alliance and other institutions that actually understand nature and animal behaviour have pointed out. This committee is likely to be comprised of people who may have a huge understanding of matters of science and parts of the countryside but lack the experience to really appreciate the relationship between the countryside and the animal kingdom.

What about this animal welfare centre of expertise? I understand it is supposed to settle points of dispute with other committees. Which other committees is the new committee likely to be in dispute with? Obviously, it will be the Animal Welfare Committee. I cannot, for the life of me, understand why we would wish to create an animal sentience committee which is obviously going to cover points that are already covered by the Animal Welfare Committee. I thought that, under this Government, we were likely to see some rationalisation and reduction of the number of committees and quangos being established. I regret very much that it looks as though we are likely to see the reverse.

I would also like to comment on Amendment 27, in the name of the noble Earl, Lord Kinnoull, spoken to very well by the noble Baroness, Lady Deech. My noble friend Lady Fookes has just pointed out, quite correctly, that there are already exemptions for medical science in some legislation, but I think those exemptions are very much narrower than the exemptions that would be achieved by the amendment in the name of the noble Earl. The amendment is quite welcome, and I strongly support it, particularly as, having spent many years in Japan, I came to be very partial to Japanese cuisine. I fear that most methods used, including in this country by Japanese restaurants, to kill fish might fall foul of the opinions of the animal sentience committee. I think it could easily lead to a lot of unwelcome interference.

I also very much welcome the speech by my noble friend Lord Moylan, who explained so well that the sentience of animals is different from that of us. It is relative, and nobody would argue that the sentience of a dog is the same as that of a lobster.

I also strongly support Amendment 48, because to set up a statutory committee of this kind without including a schedule clearly setting out the committee’s role and functions is bound to lead to trouble.

[Lord Etherton (CB)]

I express my support for Amendment 27, in the names of the noble Earl, Lord Kinnoull, the noble Lords, Lord Moylan and Lord Trees, and the noble Baroness, Lady Deech. The noble Lord, Lord Moylan, and the noble Baroness have covered much of the ground that I wished to cover, and I agree with everything that they said.

Article 13 of Title II of the Lisbon treaty was not only binding on the UK before Brexit but—as the noble Lord, Lord Goldsmith, himself stated in a letter to Members on 13 May—the UK was one of the key EU members that lobbied for it, and it has not been suggested at any stage of the Bill that prior to Brexit the UK had any objection to the balancing factors in Article 13.

As I pointed out in Committee, the balancing factors mirror rights under the human rights convention. There is a powerful argument that the right to sporting and other recreational activity that are part of cultural traditions and regional heritage are protected by Article 8 of the convention as an aspect of the right to respect for private and family life. Like a number of other convention rights, it is a qualified right and is subject to interference if, among other things, it

“is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

None of those grounds has been identified by the Government as potentially applicable.

Most perplexing of all, however, is the Government’s failure to exclude religious rights from the purview of the sentience committee. This ground has been substantially covered by what my noble friend Lady Deech said. She referred to Article 9 of the convention, which expressly provides for freedom of thought, conscience or religion; that article expressly states that the right to manifest one’s religious belief is a right protected in practice and in religious observance.

The European Court of Human Rights, as the noble Baroness, Lady Deech, has said, has highlighted the importance of rights protected by Article 9 in a pluralist democratic society. Like Article 8, Article 9 of the convention confers a qualified right and is subject to many of the limitations that I have just listed with regard to Article 8. Again, none of those limitations has been suggested by the Government at any stage of the passage of this Bill.