Animal Welfare (Sentience) Bill [HL]

Baroness Hayman of Ullock Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, this is an important Bill, and I thank all those who have spoken in the debate today. We have had a number of interesting and strong views expressed.

Since leaving the European Union, we no longer have legislation that recognises animals as sentient beings, so we strongly welcome the Bill and the opportunities that it provides. The formal legal recognition of animal sentience sends a clear message that we are committed as a country to protecting the welfare of animals, but for this to be meaningful, any commitment on paper must be followed up in practice.

We have already heard that the Bill is vague in many respects, so the challenge for this House is to make sure the Bill delivers on what it is promising. As we have heard, it has been a long time coming. Other noble Lords have spoken about the delays, which go back to November 2017, when the Government rejected a proposal to carry the Lisbon treaty into post-Brexit policy. But this issue has had immense public interest, with consultation and amendments in both Houses—I pay tribute to the noble Lord, Lord Trees, for his role in this. There was previously a widely-criticised draft government Bill—if the noble Lord, Lord Forsyth, would like to see a badly drafted Bill, I recommend that he takes a look at it—and a number of false starts along the way.

That is why it is now vital that we grasp the opportunity before us to ensure that this legislation leaves the House a better Bill than when it arrived. We believe that some aspects are particularly welcome: that the Bill covers all departments and that, by implication, it covers wild animals as well as those under the control of man, as wild animals should also be protected from harm by man.

The noble Lord, Lord Trees, referred to Dr Mike Radford of the University of Aberdeen, and I wanted to mention what he said, because he expressed clearly one of our key concerns. In commenting on the Bill, he said:

“there’s the potential – but, as presently drafted, no certainty – for Ministers to be held effectively to account”.

It is that certainty that we will be looking for through debates on and amendments to the Bill. A number of noble Lords have raised concerns that we on this side of the House share: for example, my noble friend Lady Young and the noble Baronesses, Lady Fookes, Lady Jones and Lady Bakewell.

The Government say that the Bill improves on the Lisbon treaty, and it does create an animal sentience committee and requires the Government to respond to it, which creates additional accountability. But it does not place a direct duty on Ministers, entrusting instead much of the responsibility for outcomes to the committee. If this Bill is to be effective in holding Ministers to account, we need to ensure that the animal sentience committee has teeth and not just symbolic value. The UK Centre for Animal Law has called the Bill “a job part done”, raising concerns about its proposed design. We have heard of the huge lack of detail and ambiguity on its membership, resourcing, independence, and accountability.

I ask the Minister, as others have done today: who will serve on the committee? How often will it publish reports?

Sentience is the capacity to have positive or negative experiences. The Minister said earlier that the Government have “all due regard” to an adverse effect on the welfare of animals as sentient beings, but can and should the committee reports also recommend policy that brings about positive impacts on animals as well as addressing negative impacts? How will the duty of the Secretary of State to issue a response provide the kind of governmental engagement with animal welfare concerns that is necessary?

We have heard that the Bill currently provides for Ministers to have to respond to a report within three months with a written statement. Do we feel that this is enough? Will this make a difference, or will it mean that a Minister can simply note what the committee has said and change nothing?

We will be seeking guarantees that the Government will consult on membership; that there will be an open, transparent recruitment process; that wide-ranging expertise will be ensured; and that the committee will have genuine independence and not be incorporated as a sub-committee of the Animal Welfare Committee, as we believe this could potentially damage its ability to hold the Government to account. How will the Government ensure and protect the independence of the committee so that it can fulfil its role?

There should be provision in the Bill for proper resourcing for the scale of the task. Looking at the scale of task, there is a need for the committee to have a clear mandate and duty to look at all relevant policies.

It is paramount that the committee can look at policy right across Government. The noble Lord, Lord Dodds, said that the Bill currently creates only a discretionary duty for the animal sentience committee to review whether a government policy has had appropriate regard to the welfare of sentient animals. There should be a mandate with a clear duty for a review of all policies that fall within defined criteria. Will there be a duty on government departments to co-operate with and share necessary information the committee? Is there a mechanism for departments to flag relevant policy developments?

The Better Deal for Animals Coalition is calling for the Secretary of State to create a cross-Whitehall animal sentience strategy, which would include plans for what upcoming policy is then within the scope of the ASC. This additional duty would also require the Secretary of State to report annually in person to Parliament to allow full scrutiny and an evaluation of the effectiveness and impact of the ASC.

To truly improve animal welfare, there needs to be prospective, not just retrospective, consideration of policies. The Bill allows for the ASC to produce a report on policy that “is being” or “has been” formulated or implemented, but, if we consider policy during formulation, the committee’s recommendations can be effected and policy can be improved. Can the Minister confirm that this is being looked at as a potential in future? Will the committee be able to look at the enforcement of existing animal welfare legislation? Where it falls short, can the committee report on what action the Government should take to enhance its impact and strengthen existing weaknesses?

I will look at the scope of the Bill, particularly Clause 5, as other Members have. It defines “animal” as

“any vertebrate other than homo sapiens.”

We have heard about the independent review that Defra has commissioned into whether there is evidence that decapod crustaceans and cephalopods are sentient. As other Members have already asked, when will this report be available?

As noble Lords have said, there is already ample evidence to show that these animals are sentient, so we believe that the definition of “animal” should be expanded and included in the Bill. As we know, this expanded definition was agreed upon by the Scottish Animal Welfare Commission earlier this year. Furthermore, notable animal welfare organisations, such as the British Veterinary Association and the RSPCA, also recognise the sentience of decapod crustaceans and cephalopods and fully support their inclusion. Will the Government expand the definition to include these particular animals?

Animal welfare is a global concern, and ensuring the health and welfare of sentient animals is important as a marker of social progress. We welcome the Bill but urge the Minister to take serious note of our concerns and those expressed by others. We look forward to working with your Lordships’ House to make the much-needed improvements.