Sentience and Welfare of Animals

Alex Davies-Jones Excerpts

Monday 16th March 2020 Westminster Hall

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

I am delighted to speak and represent the views of more than 150 of my constituents who contacted me to offer their support for the debate. Anyone who has been in the presence of a cow being separated from her calf, as she hurls herself repeatedly at the byre door to try to get to her baby, knows full well that animals are sentient beings. From the thousands of videos on Facebook and YouTube showing animals being released from laboratories for the first time into a space where they can see the sky and feel the grass under their feet, we know that animals experience joy. Who, watching an octopus drag ocean detritus to cover herself and hide in full view of the shark hunting her, would not feel awe at her intelligence or recognise her desire to live and protect her young?

On 27 November 2017, the Scottish Government recognised that sentience and stated that

“the Scottish Government fully accepts the principle of animal sentience and will take all appropriate action to safeguard animal welfare standards. Animal Sentience has been recognised in Scottish legislation for over a century”.

In keeping with that statement, on 29 February this year, the Scottish Government created the first independent animal welfare commission, consisting of 12 members who will provide ethical and scientific advice to the Scottish Government. It is chaired by Professor Cathy Dwyer, an eminent professor of animal behaviour and welfare.

The commission will consider how the welfare needs of sentient animals are being met by devolved policy, possible legislative and non-legislative routes further to protect the welfare of sentient animals, and the research required for an evidence base for future policy development. It will also specifically consider how current policies take account of animal sentience, the wider welfare needs of animals and what improvements could be made.

In Westminster, the Government have yet to incorporate the Lisbon treaty article 13 acknowledgement of animal sentience into law. That is quite ironic, given that the original framework was initiated by the United Kingdom when they held the presidency of the European Union in 1997. The Government have stated that the sentience of animals will continue to be recognised, with protections strengthened once we leave the European Union. We have heard on many occasions that that is the Government’s view, but no animal sentience legislation has been forthcoming. We welcome their commitment, but yet we wait. We were told in a written response on 14 March 2019 that officials continue to engage with stakeholders further to refine the Government’s proposals.

Now we have left the European Union, it is even more critical that the Government, at a very minimum, have animal sentience as a keystone value within future policy. All existing animal welfare laws instigated and passed in the House of Commons are in place because we wish to stop animals being subjected to pain. We do therefore already recognise animal sentience and should bring that recognition into law.

[Alex Davies-Jones (Pontypridd) (Lab)]

I thank the hon. Member for giving way and my hon. Friend the Member for Bristol East (Kerry McCarthy) for securing this important debate during these trying times. As an animal lover and owner, I have found the contributions of Members across the House touching. Will the hon. Member join me in commending the work of Friends of Animals Wales, a charity in my patch of Rhondda Cynon Taf, and in particular Eileen Jones? They do fantastic work with the Welsh Government against the barbaric puppy farming trade and are also pushing for Lucy’s law to be implemented to protect all dogs from such awful treatment. I pay tribute to them for their fantastic work.

[Allan Dorans]

I thank the hon. Lady for her intervention and totally agree with her sentiments. It is my view that we need to enshrine the protection of animals in law.

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[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

It gives me great pleasure to respond to this very good debate on behalf of the official Opposition. There is cross-party support for enshrining animal sentience in law, and I want to express Labour’s full-hearted support for the effort to do so. We have heard powerful speeches today, but there are also community groups in each of our constituencies who engage in advocacy and campaign for 21st-century animal welfare laws. We know that what we do will make a difference to animals—domestic animals, animals in agriculture, and others—if measures are put in place correctly.

I thank my hon. Friend the Member for Bristol East (Kerry McCarthy) for her unrelenting campaigning on this area. She has a good position on the Petitions Committee, which gives her a new platform, and will continue to use that with force, ferocity and cross-party support for as long as Ministers fail to listen to her arguments. She made a good argument today.

I congratulate the Minister. This is the first time since she has been in her new role that I have had the opportunity to speak from the Bench opposite her. I am a big fan of cross-party working, and for most animal welfare legislation there is a lot of cross-party support. Sometimes the only thing that holds us back is the ambition to achieve what cross-party support has the potential to deliver. In relation to animal sentience, we have an opportunity.

[Alex Davies-Jones]

On the basis of cross-party working, will my hon. Friend please push the UK Government to end the barbaric practice of puppy smuggling across the UK, which hurts so many domestic pets and families?

[Luke Pollard]

My hon. Friend raises an important issue and, if the Minister has not yet read Labour’s animal welfare manifesto from the general election, it is very good and well worth reading. Puppy smuggling is dealt with under point 10. It is horrendously cruel, on an epic scale. There is huge public support for dealing with the cruelty that organised crime gangs perpetrate on those tiny little dogs.

The debate shows why Parliament’s online petitions are good: the fact that 104,000 people signed and 43 organisations back the petition shows that there is public support for enshrining animal sentience in law. I thank everyone who clicked on the link, then went to their email inbox to find the email and clicked the confirmation link to make sure their name could be added. I thank them for participating in earlier petitions as well as the present one, because the arguments have not changed. There may have been a slight adjustment as to which faces are around the table, but the importance of animal sentience remains.

The petition states:

“EU law recognises animals as sentient beings, aware of their feelings and emotions.”

That is enshrined in the Lisbon treaty and the Government chose not to move that provision over in Brexit legislation. There was an outcry at the time and Ministers have been dragging their heels ever since, trying to make the case that although the issue is important, enshrining it in law is not really necessary. I say that it is necessary and important, and that there is cross-party support for doing it.

To be fair to the Government—I regard the present and previous Governments as one continuous Conservative Government, although I know they like to think of themselves as fresh, since December—in 2017 they introduced a Bill. They withdrew it in 2018, but we are yet to see any signs of the crucial legislation since then. However, in the intervening year, a prominent and successful Conservative Back Bencher wrote in The Guardian:

“There is currently a cross-party consensus that we should enshrine the recognition of animal sentience in statute to underpin all our existing policies and inform new ones.”

The writer was, of course, the brand new Secretary of State for Environment, Food and Rural Affairs, during his brief sabbatical from the role of Minister. One reason I have a lot of time for the Environment Secretary is that initially when he was freed from the clutches of office he made a bold, clear case for changes in agriculture, fishing and animal welfare. I hope that now he is thrust back into ministerial office—in the Cabinet, no less—the same independence of thought that he demonstrated on the Back Benches will come into play.

In the same article in The Guardian he said:

“One option might be to suggest that the US introduce a similar piece of legislation at federal level to drive the modernisation of its own laws. We could even send British advisers to Washington to help them do it as part of our trade negotiations.”

I am not certain that the US President would take kindly to British trade advisers advising him on animal welfare standards, but there is something important there: the people with whom we want to do trade deals must not undercut our animal welfare standards, in relation to agriculture, domestic pets or any element of the high levels of animal welfare we enjoy at the moment.

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[Victoria Prentis]

It will give me enormous pleasure to agree to meet my hon. Friend to discuss that. I am a former officer of the all-party parliamentary group on cats and, indeed, the proud keeper—I certainly would not call myself the owner—of Midnight, voted parliamentary cat of the year the year before last. He definitely keeps me fully under control and has no difficulty in telling me about all his welfare needs.

Until 31 December, we are covered by article 13 of the treaty on the functioning of the European Union, but the Government have committed to introducing new laws on sentience, as we heard many times. We had an extremely clear manifesto commitment to do that, and I confirm that we will do so as soon as we can, but I am sadly unable to say exactly when that will be.

Obligations on keepers of animals under the Animal Welfare Act 2006 make it an offence to cause unnecessary suffering to any animal, and anyone responsible for an animal must take reasonable steps to ensure that the animal’s welfare needs are met. At this point, I thank those vets, charities and animal welfare organisations working around the clock with Department for Environment, Food and Rural Affairs officials in these difficult times of reacting to the spread of the coronavirus to develop guidance for pet and livestock owners. We want to help owners and keepers to take proportionate hygiene measures while supporting animal welfare.

My hon. Friend the Member for Southend West (Sir David Amess) spoke of the comfort that animals can give us in these frightening times, which was an important, well-made point. We are pleased to support the Animal Welfare (Sentencing) Bill, a private Member’s Bill introduced by my hon. Friend the Member for West Dorset (Chris Loder), who has just popped out of the room. It had its First Reading on 5 February 2020. It is the same Bill that the Government introduced in the last Parliament, and this small but critical piece of legislation will increase maximum sentences for animal welfare abuses tenfold, from six months to five years. It was good to hear the breaking news during the debate that we will next hear about this important Bill on 12 June.

I understand the concerns raised about the loss of protections as we leave the EU. I have never spoken ill of Government lawyers, and I certainly would not like to start now, but article 13 of the Lisbon treaty was proposed and promoted by UK Government lawyers. It states, as I think we all agree, that animals are sentient beings and that the EU and member states should pay full regard to the welfare requirements of animals when formulating and implementing policies, but only in relation to a limited number of EU policy areas. Article 13 also provides some wide-ranging exemptions for cultural and religious practices and so on. It does not—I hesitate to criticise it, but we must—confer directly applicable rights or legally enforceable requirements. Frankly, it does not provide the sort of protection for animals that we want going forward.

Now that we have left the EU, we have the opportunity, as my hon. Friend the Member for Southend West said so powerfully, to do things differently and in a way that reflects the importance we attach to animal welfare. Of course, what really matters is that we can enforce standards of animal welfare. I listened with interest to my hon. Friend the Member for Bury North (James Daly). We must find a way to ensure that sentencing acts as a deterrent, and I am extremely happy, given my legal background, to have many conversations with him about that, so we shall take that offline.

We have some world-leading animal protections in place in this country. The hon. Member for Pontypridd (Alex Davies-Jones) will be pleased that we have introduced a ban on the commercial third-party sale of puppies and kittens, known as Lucy’s law, and I pay tribute to the charity from her constituency that worked on that. The ban will help to clamp down on puppy farming and to ensure that our much-loved pets have the best start to their lives. It comes into force on 6 April, which will be welcomed.

[Alex Davies-Jones]

My birthday.

[Victoria Prentis]

On your birthday? That is good news. We have coupled the ban with a very effective public awareness campaign—not everything is to do with legislation; there are other methods of getting the animal welfare message out there—called “Petfished”, on how to source puppies and kittens responsibly and how to watch out for the tricks that clever and deceitful sellers use in this area. I encourage all those who have not seen it to have a quick google.

The Wild Animals in Circuses Act 2019 recently came into force, ensuring that wild animals can no longer perform in travelling circuses. CCTV is now mandatory for all slaughterhouses in England. We also support the Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which increases protections for police animals. It was mentioned by my neighbour, my hon. Friend the Member for Henley (John Howell). I spoke from the Back Benches in favour of that Act, as I think he did, and I met Finn, which was truly an honour.

The Government will introduce the necessary legislation on animal sentience as soon as we can, and I look forward to debating the details of the legislation with Members, particularly those present. Several useful points have been made during the debate, which I will take back and feed in.

There is considerable and growing interest in cephalopods and decapod crustaceans and whether they are sentient. At DEFRA, we have to follow the science, and because we want to ensure that this matter is progressed, we commissioned an independent review of the science on the sentience of those creatures, as the hon. Member for Bristol East said. A tender for the review was published on 6 March, and its findings will provide us with a robust scientific view later this year. I do not know the history of this matter, I am afraid—I have been the Minister only since just before the review was commissioned—but I think it is important that we look carefully at what that review says. It will be a full review of the evidence out there, and I look forward to sharing it and discussing it with the hon. Lady.