Animal Welfare (Sentience) Bill [HL]

Baroness Bloomfield of Hinton Waldrist Excerpts

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

[Baroness Hayman of Ullock (Lab)]

Very briefly, I think the concerns on this amendment were answered in the response to the previous group. As it is not necessary to have in the Bill who should be on the committee, it is not necessary to have in it who should not be on the committee.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank the noble Baroness, Lady Mallalieu, for moving the amendment on behalf of my noble friend Lord Mancroft. We have already debated this, but I understand my noble friend’s concerns regarding conflicts of interest and what they may mean for the committee.

We want the committee to succeed, and I am confident that the Bill and the draft terms of reference will ensure that that is the case. As has been said today, the Secretary of State for Defra will be responsible for appointments to the committee and appointments will be decided in accordance with the Governance Code on Public Appointments. Applicants would, in line with best practice, be required to declare any potential conflicts of interest to the recruitment panel. The draft terms of reference set out that the Secretary of State may decline to consider an application from an individual whose conduct suggests that their membership could damage the reputation or credibility of the committee—for example, their membership of an extremist organisation. My noble friend’s amendment is simply not necessary. Defra has shown that this tried-and-tested approach works. There are a number of existing Defra-owned expert bodies which give balanced, reasonable advice on animal welfare issues. Few would ever accuse the Animal Welfare Committee, for example, of being made up of zealous activists.

I say again that noble Lords can be reassured that the process of recruitment of members of the committee will be rigorous and that members will be chosen on the merits of their expertise. This is what is needed in order for the committee to perform its role. I hope that this reassures noble Lords and that, together with the reassurance given by my noble friend the Minister on the previous group, it will enable the noble Baroness to withdraw the amendment.

[Lord Robathan (Con)]

Before my noble friend sits down, could she reassure the House that, for instance, Chris Packham and Mark Avery of Wild Justice would not be eligible to be on the committee?

[Baroness Bloomfield of Hinton Waldrist (Con)]

I am afraid I am not able to give that reassurance. All I can say is that they might not be considered to be experts.

[Baroness Mallalieu (Lab)]

I thank the Minister for her reply. I just hope that the reassurance she has given us will be followed by future Secretaries of State. I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

My Lords, as we have heard, this amendment sets a sunset clause on the Bill. Sunset clauses are quite rare and are usually associated with emergency legislation to deal with a time-specific problem. Recently, we have seen sunset clauses around the Coronavirus Act and previously, in the 2000s, in anti-terror legislation. This Bill is not a piece of emergency legislation passed to deal with something that is time specific. It is establishing the animal sentience committee for the long term, so we on these Benches do not believe that a sunset clause is appropriate or necessary.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank my noble friend Lord Robathan for introducing Amendment 46 in the name of my noble friend Lord Howard of Rising, which would insert a clause that would repeal the Bill after five years. I am very grateful to the noble Baroness, Lady Hayman of Ullock, for pointing out that sunset clauses are needed more for emergency legislation.

The Government have laid the Bill before Parliament because there is an ongoing benefit from a targeted mechanism that provides greater transparency for the consideration of animal welfare in central government policy decisions. However, we know that this must be done in a timely and proportionate way. Animal welfare considerations will not cease to be relevant in five years’ time, so it is hard to understand why the committee’s work should be brought to an abrupt halt at that point. It is the Government’s considered view that it would be plainly wrong for the Bill to expire after five years, as the animal sentience committee will have plenty to contribute beyond that time.

That is not to say, of course, that there will not be a review of processes to ensure that the Bill and the committee continue to fulfil their objectives well. As indicated in the committee’s draft terms of reference, we plan to ensure that it is subject to annual performance reviews. Defra will ultimately be accountable for the committee’s ongoing effectiveness and good governance. In addition, the Bill will be subject to the standard post-legislative scrutiny process, including a review of its effectiveness. That will take place within five years of Royal Assent. I hope that that reassures noble Lords and that my noble friend will be content to withdraw the amendment.

[Lord Hamilton of Epsom (Con)]

Before my noble friend sits down, does she not feel that a sunset clause might in fact be to the great benefit of the Government, because they would not need to have the dramatic act of wrapping up the committee and the Act; it would merely come to its own conclusion? If, on the other hand—unlikely, in my opinion, but not impossible—the committee was doing extremely well, legislation could be introduced to continue it. It is not difficult to extend the life of an Act; it is much more difficult to abolish an Act altogether. If it lapsed automatically, it might be to the advantage of the Government in the future, rather than their disadvantage.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I do not agree with my noble friend, because the committee’s work will be ongoing, and it will also respond to changes in scientific research that may come out in the course of its many years of work. To introduce a hard stop—a hard deadline—to its work would be both unnecessary and impractical.

[Lord Robathan (Con)]

My Lords, if I might say, I agree entirely with my noble friend Lord Hamilton, because it is not a question of ending the work of the committee, but of saying, “Is the committee doing well after five years, and do we just continue it?”, which is very easily done. I have some experience of this in the past. However, I shall not force this to a Division, my noble friend will be pleased to know. Both my noble friends on the Front Bench will be particularly pleased to know that there is only one more clause to go. I beg leave to withdraw the amendment.