European Union (Withdrawal) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

The clock is ticking, as Monsieur Barnier keeps reminding us. It is important to get something in UK law as soon as possible which establishes parity between our animal welfare legislation and that of the EU 27. It will be important as we begin to negotiate, which we will do shortly, trade in livestock and livestock products with our friends in the EU 27. It will be important as a tool and a backstop for our negotiators when they start to negotiate trade in livestock and livestock products with third-party countries such as the USA, for example. It will also be important to reassure the public that our animal welfare standards will not be diminished post Brexit. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support Amendment 40 in the name of the noble Lord, Lord Trees, to which I have added my name. We had a very full debate on this in Committee, and the issue was also debated at length in the other place, so I will not rehearse previous arguments.

The Government have made a commitment to the intentions behind Article 13 of the Lisbon treaty and have brought forward a draft animal welfare Bill, which went out to consultation, as the noble Lord, Lord Trees, said, on 12 December last year. The consultation closed on 31 January this year. I understand there were 9,000 responses, many criticising the Bill for its lack of breadth and for being open to possible misinterpretation. I can sympathise with those who made such comments. The consultation document consisted of 20 pages, only two of which were the actual Bill. When I read it, I found it hard to believe that the Government could be using taxpayers’ money on such a pathetic draft Bill.

Secondly, a huge amount of parliamentary business will need to pass through both Houses to underpin the Brexit Bill and ensure that legislation does not fall through black holes. This means that it would be wiser and safer to enshrine this amendment in the Bill at this stage of its passage.

Much discussion has taken place on what “sentience” means. The RSPCA, a widely respected and trusted organisation, defines it explicitly as,

“the capacity to have positive or negative experiences such as pain, distress or pleasure”.

While the Government’s animal welfare Bill 2018 was originally to be welcomed, it did not go far enough and leaves a gap in legislation. It is important that the UK is able to achieve trade agreements in livestock and livestock products with the countries of the EU and the rest of the world. In order to achieve this, the public and the farming community will seek reassurance that animal welfare has not been compromised by Brexit. They will need this reassurance now and certainly next year.

I understand that the Minister has hinted that the Government might bring forward a second draft animal welfare Bill. Is he able to give a commitment that this will be before 29 March 2019 and that the new draft Bill will have considerably more substance than the last one?

The Minister must be aware of the depth of feeling and concern around this subject among the public, interested businesses and organisations throughout the UK. Now is the time for him to concede that animal welfare is a key issue and to support this amendment. If he is unable to do so, I and my colleagues on the Liberal Democrat Benches will support the noble Lord, Lord Trees, in the Division Lobby.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak in support of Amendment 40, to which I have attached my name, and will also be speaking to my Amendment 41A.

The two amendments are complementary. Amendment 40 addresses some of the objections raised by the Minister in Committee and helps to bridge a gap in the current law and in the law that the Government may wish to see in their future Bill—a Bill that seems to be receding further and further into the future. Amendment 40 helps us to move towards the ideal but Amendment 41A follows up as a backstop to ensure that at least we do not lose what is already there. The Government cannot say that Amendment 40 goes too far and that Amendment 41A does not go far enough. In the absence of their own Goldilocks amendment which sits happily in the middle, we believe that it is incumbent on them to introduce an animal welfare Bill as soon as possible, and definitely before Brexit day.

In Committee, the Minister responded to my amendment by saying that,

“the purpose of this Bill is to provide continuity by addressing any deficiencies in law as we leave the EU. It is not about improving EU laws that the Government think could be better”.—[Official Report, 5/3/18; col. 880.]

I completely agree, and that is entirely the purpose of my amendment. It is specific and limited: it does no more and no less than is required to achieve the continuity of this Bill.

I was surprised in Committee to see that the only Member of this House to speak against the amendment was the Minister. He said that the Government want to bring forward an animal sentience Bill which goes further than Article 13, which is what we are trying to retain. I am very glad that the Government want to do better. I too want them to do better—much, much better—but I am afraid that at the moment they are absolutely failing. They are failing to hear what is being said in this House and they are failing to hear what people outside this House want. People do not want a lessening of animal welfare. That would be totally against any British feeling about animals and how they are handled.

I ask the Minister whether the next steps for the animal sentience Bill have been published. I do not believe that they have. If not, what does the Minister think can be done in place of that Bill? I believe that the only thing that can be done is to agree to this amendment.