Animal Welfare (Sentience) Bill [HL]

Baroness Hayman of Ullock Excerpts

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

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this small group of amendments, moved by the noble Lord, Lord Marland, deals with the work of the animal sentience committee and touches on the issue of religious rites in Amendment 27, spoken to by the noble Earl, Lord Kinnoull, and the noble Baroness, Lady Deech. It is obvious from the contributions made that everybody feels very passionately about this.

Medical science is important and should be confirmed wherever possible. As the noble Lord, Lord Trees, said, lots of safeguards around licensing of medical science are already in place. There is obviously a need to ensure that those for whom religious rites are an important part of their lifestyle are respected, as set out in Article 13 of the Lisbon treaty. Despite the fact that this was before Brexit, I believe the Government should and do respect this right, upholding the values of those for whom the method of slaughter of those animals which form part of their staple diet is protected.

Amendment 48, which has not had a huge amount of debate this evening, is consequential on Amendment 2 and sets out the detail of the way in which the committee will be constituted and work. The noble Lord, Lord Marland, has just set out a bit about that and there is detail in the amendment. However, I am afraid I do not agree with either him or the noble Lord, Lord Mancroft, on parts of the amendment.

Limiting the term of office to four years could lead to a loss of expertise on the committee, especially if all members were appointed at the same time—which could happen, since it will be a new committee—and, therefore, rotated off at the same time. Further, I find the list of who may not sit on the committee very restrictive. It could lead to someone with the necessary expertise and knowledge being excluded from being a committee member. However, I agree with this amendment in that there should be transparency and independence. That is the direct opposite of the first group of amendments, which sought to fetter the committee’s independence.

The detail in Amendment 48 is extensive. However, the draft terms of reference document is also comprehensive and indicates that Defra has thought carefully about how the committee is to be constructed and how it will carry out its functions. On balance, I am inclined to go with the Defra guidance on this issue but will be interested in what the Minister has to say on this subject and on the knotty issues around Amendment 27.

[Baroness Hayman of Ullock (Lab)]

My Lords, I will talk first about the first part of Amendment 2, which looks at committee remit and policy. That has not really been discussed much in this debate so far. I draw attention to the terms of reference, because they include a lot of information about the role of the committee and policy. I put on record that we welcome a number of formal recognitions that the committee will have. It will: consider positive effects on animals as sentient beings in the policy-making process; report on any policy for which UK Government Ministers are responsible; examine policy decision-making by previous Governments where this has a significant bearing on ongoing policy-making. It is also important that the selection of the policy decisions it will choose to scrutinise will lie within the committee. I will make a final point on policy before moving on. I draw attention to the fact that it is not for the committee to reach a value judgment on whether a given policy decision balanced the welfare of animals with other matters of public interest.

On Amendment 48, the noble Baroness, Lady Bakewell of Hardington Mandeville, has pretty well covered all the areas I wish to draw attention to, so I will move on. The second part of Amendment 2 and Amendment 27 refer to having regard to cultural and religious considerations, as we have heard. Clearly, this is extremely important; the noble Baroness, Lady Deech, in particular, demonstrated that passionately in her speech. As we have seen, Amendment 27 seeks to sustain an aspect of the sentience responsibility that applied when we were EU members: the derogation to Article 13 of the Lisbon treaty, which exempts cultural practices from animal welfare considerations.

Again, I draw noble Lords’ attention to the fact that this derogation was negotiated during the Lisbon treaty by a very small number of EU Governments particularly looking to preserve practices such as bullfighting. I believe that we now have the freedom to widen our ambitions for animal welfare while still respecting cultural and religious practices. Indeed, the restrictions in Article 13 have frequently been cited as one of the key flaws in EU sentience policy that post-Brexit UK sentience policy can improve on. In fact, the then Secretary of State at Defra Michael Gove said in 2017:

“The current EU instrument—Article 13—has not delivered the progress we want to see. It does not have direct effect in law—in practice its effect is very unclear and it has failed to prevent practices across the EU which are cruel and painful to animals.”


Article 13 has not stopped any of those practices, but leaving the EU gives us the chance to do much better. This matter was discussed at length in Committee and the noble Baroness, Lady Fookes, made some good points about existing legislation. In Committee, in response to noble Lords’ concerns, many of which were exactly the same as those expressed today, the Minister assured us that any Minister would have to take into account the wider considerations of cultural and religious organisations and form views in accordance with them. I hope that he can similarly reassure noble Lords today.

Finally, I say to the noble Earl, Lord Kinnoull, that I am always happy to meet to discuss policy and legislation with anybody.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I start by wishing my noble friend Lord Mancroft a speedy recovery, and I am sorry he is not here. I am grateful to my noble friend Lord Marland for moving his amendment and the noble Baroness, Lady Deech, and others for speaking to it.

The amendment seeks to clarify the role and detail of the animal sentience committee. I reassure my noble friend Lord Marland and the noble Baroness, Lady Deech, that the Bill already makes it absolutely clear that the only role of the committee is to provide an assessment of the extent to which policy decision-making has considered whether a policy may

“have an adverse effect on the welfare of animals as sentient beings.”

We are sure that the Bill already makes it clear that the committee will not be authorised to stray into making value judgments, as the noble Baroness, Lady Hayman, just said, on how well a given policy decision balanced the welfare of animals with other matters of public interest. There is no need to specify explicitly in the Bill that it is for Ministers to take other public considerations into account when formulating and implementing policy, because this requirement applies as a matter of course.

Amendment 48 concerns the structure of the committee, criteria for appointments to it and how it is to operate. My noble friend’s amendment raises a number of points about the design of the committee, which I will address in turn. I agree with him about the optimal size of the committee. That is why we have already made it clear that there will be eight to 12 members, working part-time. We want the committee to have everything it needs to do its job well, and its members will be its most important asset. We are committed to ensuring that the committee is large enough to have a suitable breadth of expertise among its members, while not making it so large as to be unwieldy. Of course, the committee will always be able to consult outside experts when needed. Defra’s hosting allows it to be affiliated to the animal welfare centre of expertise and, as I have said, this means there will be enhanced liaison and co-operation between experts.

The committee has the statutory power to issue reports giving its opinion on whether, or to what extent, the Government are having, or have had, all due regard to the ways in which a policy might have an adverse effect on the welfare of animals as sentient beings. The Bill already places a legal duty on Ministers to respond to the committee’s reports within three months of their publication. Once established, it will be for the committee to determine how it fulfils its statutory functions. The draft terms of reference set out how we expect it to work.

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[Lord Hannan of Kingsclere (Con)]

My Lords, this block of amendments goes to the heart of what is wrong with the proposal. We all have an idea of who “the expert” is and what kind of person will give us the answers we want, whether that is a vet, someone banned from being a member of an animal rights movement, or whatever. The idea that there is some disinterested, impartial, patriotic expert who can somehow rise above the rest of us and be the only objective person is one of the most pernicious ideas in modern politics. We all have our opinions and starting assumptions, the “expert” more than anybody, if by “expert” we mean someone has spent his or her career in one field. They are the last person to whom we should contract out our decisions as a parliamentary assembly.

I totally understand that the Minister will want some flexibility, but a later amendment in the name of my noble friend Lord Howard of Rising proposes a sunset clause. Maybe we could see whether the committee works out with the experts as proposed in the way the Minister assures us. If it does there will be no problem, and, if not, we will have another go at it. Perhaps that would be the wise amendment for the Government to accept.

[Baroness Hayman of Ullock (Lab)]

My Lords, the amendments in this group all refer to the make-up of the membership of the committee and how it is appointed. Noble Lords who were with us in Committee may remember that when we debated membership of the committee, a number of us, including me, put forward amendments about its make-up and who should be on it. By the end of that debate, I felt that it had become absurd to prescribe exactly what kind of expert we should have and what area they should come from, because by the time we had finished it looked like the animal sentience committee would have a membership of around 170. We have to be practical and make sure we get the right kind of people on the committee without being specific in the Bill about exactly what job or experience they should have, because where do you end? At what point do you draw the line?

So it is important that within the terms of reference we have a clear understanding of what the committee’s role is; that is, to underpin and enhance a fundamental constitutional principle—namely, ministerial accountability. It is also important that the terms of reference make it clear that the committee is expected to operate and promote a culture of openness. It is therefore important that we have the right and proper people on it.

I am sure the Minister will point it out when he speaks, but the terms of reference clearly state that appointees will be experts—I am disappointed that the noble Lord, Lord Hannan, is of the same opinion as Michael Gove that, we “have had enough of experts”, but there we are. Appointees will be experts with the appropriate experience relating to policy decision-making and the welfare of animals and the Secretary of State may seek to promote a diversity of expertise—which is important, as we need a proper diversity of expertise—so that the committee can offer high-quality advice on policy decision-making and its animal welfare implications.

From my perspective, and that of these Benches, the concerns that we raised in Committee about what the committee should look like and who should be appointed as a member have been answered by the terms of reference, and we are happy with what we see in that document.

Animal Welfare (Sentience) Bill [HL]

Baroness Hayman of Ullock Excerpts

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

[Baroness Mallalieu (Lab)]

I am the lucky recipient of yet another of the amendments tabled by the noble Lord, Lord Mancroft. He did not indicate to me why he had decoupled it from the previous group. I think the Minister has, in effect, already replied by saying that he is not prepared to put in the Bill who should be on the committee. The amendment tabled by the noble Lord, Lord Mancroft, effectively sets out who should not be, and I assume that the same answer will come to me.

However, I would like to say, literally in a sentence, that one of the reasons for widespread disquiet about the Bill is concern about who may or may not find places on the committee. I come from an area where the animal rights movement has been particularly virulent, especially during the badger cull, with people with balaclavas damaging farm property, threatening people, letting livestock out and so on, and, more recently, damaging all the tents at the local country fair by painting Animal Liberation Front logos on everything. As a result of that, a lot of us are concerned that some well-known public figures who purport to be friends of animals and campaign on their behalf do not condemn this terrorism. We are concerned that, whoever comes on to this committee, they should be, as the Government have indicated is their intention, people with proper scientific experience and knowledge who can contribute—not from a neutral point of view, because that is impossible, but whose judgement can be relied on—rather than people who are merely from pressure groups. I beg to move.

[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.

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[Viscount Ridley (Con)]

My Lords, I will speak very briefly to Amendments 9, 11, 33 and 37 in this group, which are in my name. Noble Lords will be glad to know that I have torn up three-quarters of my speech to speed things up. I declare my interest as a fortunate owner of farmland, woodland, moorland and river. I affect the welfare of sentient animals, both positively and negatively, from time to time.

Together, these amendments would cut some of the Gordian knots that we have wrestled with today, and would deliver an animal sentience committee that reported to Parliament but was independent of Defra. The role of the committee as proposed in this amendment must be understood together with the animal welfare strategy that it would be required to produce under Amendment 11. The committee would then be required to report to Parliament on the compliance of Ministers with this process, as in Amendment 33, to which Ministers must respond, as in Amendment 37.

If the sentience committee is to ensure that animal welfare is properly considered, and to act as an accountability mechanism to Parliament, to create it as a creature of Defra raises a number of problems. It may not be welcomed by other departments, which, as the draft terms of reference confirm, are under no obligation to co-operate with it. A committee within the Cabinet Office would have a clear, overarching remit, set a cross-departmental standard and be independent of other departments, whose Ministers would still be required to respond to the committee’s reports to Parliament. The other advantage of a statutory committee within the Cabinet Office is that it avoids the problems identified at earlier stages of the Bill around who should or should not sit on the committee, which we have just discussed.

A committee within the Cabinet Office that is not a Defra committee would be better placed, I would argue, to drive change across government, avoid inter-departmental resentments—as I said earlier—and ensure that all due regard to animal welfare was properly and consistently applied. Then, as with the current proposal, it would be for parliamentarians to hold Ministers to account.

Amendment 11 would ensure that there was a clear strategy setting out how, in the process of developing, deciding and implementing policies, the animal welfare implications of those policies must be considered.

Amendment 33 largely replicates the existing Bill but takes account of the animal welfare strategy, while still allowing the sentience committee to play a role where it feels that there has been a failure of process in compliance with the strategy before a policy decision has been made. This would seem a much more impactful approach to driving change across government than the current proposals.

Amendment 37 ensures that Ministers must explain to Parliament any failure to comply with the animal welfare strategy identified by the sentience committee. It would also mean, for example, that if the matter was a policy relating to the Department of Health, it would be for the Health Secretary to respond. The Bill is not, at the moment, clear on this, although the draft terms of reference make it clear that that is what is intended. That intention should be made clear in the Bill.

I hope it is clear that these amendments are intended to be helpful and are in the spirit of trying to turn a bad Bill into a less bad Bill. I beg to move.

[Baroness Hayman of Ullock (Lab)]

My Lords, there is a large number of amendments in this group, so in the interests of time and the number of groups yet to be debated I shall focus on Amendment 38 in my name, which would insert a new clause after Clause 3 requiring the ASC to submit an annual report on its work to both Houses of Parliament. I shall also speak to Amendment 21, in the name of the noble Lord, Lord Howard of Rising.

The animal sentience committee is being set up as a non-departmental public body with an advisory function. The latest available figures suggest that 63% of such bodies present an annual report to Parliament. It is clearly in the interests of accountability and transparency for MPs and Peers to be able to regularly scrutinise the committee’s work. A yearly report would also allow parliamentarians to gain a wider view of animal sentience issues over the preceding 12 months and of any emerging policy trends that impact on it. Requiring an annual report through this new clause would ensure that this essential transparency and accountability measure is sustained throughout the lifetime of the committee. I urge the Minister to consider including it in the Bill.

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[Lord Hannan of Kingsclere (Con)]

My Lords, I support my noble friend Lord Moylan’s amendment. Why do we have delegated committees? Why do parliamentary bodies contract out part of their function? The only answer, it seems to me, is that you need very specific accumulated scientific expertise—in the field of economics, or whatever—that you would not reasonably have from a legislative Chamber.

When I made the point on an earlier amendment that there is no such thing as a disinterested expert—we all have our prejudices and opinions and scientists are still human beings—the noble Baroness, Lady Hayman, said that I was Luddite or, worse, “Goveian” in my attack on all experts. But this is surely having it both ways. We cannot say, “We must have this outside committee but there is absolutely no reason for them to base their recommendations on reputable science”. If we are not prepared to require the experts to rule on the basis of where the expertise is, on what possible basis are we creating this committee at all?

[Baroness Hayman of Ullock (Lab)]

I bring your Lordships back to the amendments, which are on peer review and publication, but I say one thing to the noble Lord, Lord Moylan, who entertained us wonderfully with his stories of crocodiles. Why does he think that the Government—his Government—would use “ropey advice”, as he put it, to make decisions? I find that a quite extraordinary claim, particularly given the recent report on cephalopods and decapod crustaceans, which is the basis of a debate we shall be coming to shortly, which was done by the London School of Economics. I certainly would not classify the LSE as “ropey”. So why does he think that there is evidence of “ropey” scientific evidence being used by the Government in this Bill?

There is a certain amount in this that is very similar to Amendment 18, tabled by the noble Earl, Lord Caithness, on publication. As I said on his amendment, it concerns me that, once we start asking for everything to be published, particularly in an academic journal following peer review, we are adding a lot of time and delay to the committee’s work. Policy scrutiny reports differ in purpose, content and form from academic journal articles. The scientific evidence requirement for publication could limit the committee’s work to areas where a body of research already exists. Such research will not be in place for every policy that would impact the welfare of animals as sentient beings. In fact, I see part of the committee’s value as its ability to examine questions that have not been considered before.

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[Lord Teverson (LD)]

My Lords, I echo the point of the noble Earl, Lord Caithness, about biosecurity. The implications of not taking care of biosecurity, which is mentioned in his amendment—I do not necessarily agree with all of the amendment—are fundamental; it is an ongoing threat to biodiversity and the ecological strength of this nation. I re-echo that point on biosecurity in terms of this Bill. As we know, at the moment we have few protections for biosecurity in our current arrangements, but, hopefully, that will change in the new year when there are greater controls on imports to this country. I just wanted to re-emphasise that point in the noble Earl’s amendment.

[Baroness Hayman of Ullock (Lab)]

I thank the noble Lord, Lord Teverson, for making that point, which is incredibly important, particularly to me, as someone who lives in Cumbria, where we have so many problems with tree diseases and are losing so many trees. It is pitiful watching some of the woods being taken down around places such as Ennerdale and Loweswater.

Coming back to Amendment 28 in the name of the noble Earl, Lord Caithness, he is right that we do need to look out for any unintended consequences of legislation. There are concerns that there may be an adverse impact on the environment. It is important that the Minister is able to reassure noble Lords that there will not be these outcomes from the Bill being enacted. This brings me back to the points we made earlier about how critical it is that the animal sentience committee has the right members who are highly qualified to advise the Secretary of State on these matters when any proposals are put forward.

Looking at Amendment 29, in the name of the noble Lord, Lord Pearson of Rannoch, I say that it is not necessarily unfortunate to be stuck in Scotland at the moment; I might like to be joining him there. There was a debate on the Environment Bill about lead shot, and I will be interested to look at government progress on this.

The noble Earl, Lord Caithness, introduced Amendment 31 on electric dog training collars. These are opposed by the RSPCA, the Kennel Club, the Animal Behaviour and Training Council and the British Veterinary Association. I am aware that the Government have previously announced plans to look at banning shock collars on dogs, and on this side of the House we would support the Government if they wanted to go down that route.

The final amendment, Amendment 45, was introduced by my noble friend Lady Mallalieu. I thank her for it and I look forward to hearing the Minister’s responses to her concerns.

[Lord Benyon (Con)]

I am grateful to noble Lords for the opportunity to discuss and explain the interaction of the Bill, and the animal sentience committee, with important policy matters related to animal welfare.

Turning to Amendment 28, in the name of my noble friend Lord Caithness, I can only apologise to him that I do not have a response at present to his point on New Zealand. I want to make sure I get it right, because I do not want to be criticised on the Floor of the House for replying to him late or giving him the wrong answer to a question—but I will reply to him.

This amendment would require the animal sentience committee to ensure that its recommendations would not have a detrimental impact on certain other matters of public interest and great importance. I agree with my noble friend that these vital matters of public interest should be properly considered in all relevant government decisions. But the animal sentience committee is not a decision-making body, and the committee will not have the kind of expertise to evaluate these kinds of impacts. I do not think it would be fruitful to impose this requirement on the committee itself.

Ministers should consider the full range of relevant factors and arrive at a decision as to the appropriate balance between them, for which they are accountable to Parliament. I fear that this amendment would mean asking a committee, which is not accountable to Parliament in the same manner, to prejudge this balance.

We should also be careful to task the right experts with particular scrutiny and advisory functions. The right people to comment on a policy’s effect on human health, for example, are doctors and medical scientists, rather than animal welfare experts. I would not ask doctors to provide an expert opinion on animal welfare issues. Ultimately, we must allow specialist expert committees to focus on their own particular remit. For these reasons, I believe there are better means to ensure that the important matters my noble friend raises are given fair consideration in policy decision-making.

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[Lord Teverson (LD)]

My Lords, with this amendment we move on to Clause 5. It rather intrigues me, because it makes an exception of homo sapiens, and I wanted to ask the Minister whether that means that the Government see us as a non-sentient species. Perhaps he will answer that: if the answer is yes, I would probably agree, on track record. However, I will not detain the House. As my noble friend Lady Bakewell of Hardington Mandeville would do, I want to thank the Government for this amendment and Amendment 43, which we very much support. I understand and greatly respect what the noble Lord, Lord Trees, said, but I am also aware that the recent scientific evidence on the mental facilities of species such as the octopus—how it is intelligent in a very different way from that in which mammals are intelligent—should be taken very seriously and included in the Bill.

[Baroness Hayman of Ullock (Lab)]

Noble Lords will not be surprised that I am absolutely delighted that the Government have tabled Amendment 39, which, as we have heard, has picked up the amendment I tabled in Committee and expands the definition of animals in the Bill to include decapod crustaceans and cephalopods.

It has also been good to hear support from some noble Lords, although I am sorry that it seems to have made the noble Lord, Lord Moylan, so sad. As the Minister said in his introduction, this amendment follows the London School of Economics and Political Science’s report, which concluded that there is strong scientific evidence that decapod crustaceans are sentient and can experience pain. I will not go into the detail of the report because the Minister has done that admirably, but I draw attention to the overarching central recommendation that all cephalopod molluscs and decapod crustaceans should be regarded as sentient animals for the purposes of UK animal welfare law; they should be counted as animals for the purposes of the Animal Welfare Act 2006 and should be included in the scope of any future legislation relating to animal sentience. To be honest, that could not be clearer. The LSE is a well-respected organisation.

The report also provides some helpful recommend-ations for improving best practice and welfare and for regulating existing commercial practices that are of reasonable and widespread animal welfare concern for decapod crustaceans. In addition, it is consistent with the approach other countries have taken, for example, Austria, Switzerland, Norway, New Zealand, some Australian states and territories and some German and Italian cities. Importantly, the report also includes recommendations about how industry can be supported through any necessary changes. Will the Minister confirm that marine industries and the food sector will have advice and help to manage any impact that a change in legislation would bring?

I want to say once again a big thank you to the Minister and the Government for taking this forward and proposing its inclusion in the Bill. I am sure he is very aware that he has the strong support of these Benches.

[Lord Benyon (Con)]

I am grateful to the noble Baroness for those remarks. I think it might be helpful to the House if I say how this came about, as it answers the points about how we got to the stage of including decapods and cephalopods in the Bill. It is a matter of serendipity. For many years people have been pushing for work to be done, and it was done by the LSE. It just so happened that that report came into the Government’s hands over the summer while we were in the process of going through the Committee stage, and it seemed an obvious moment to take this forward when the findings of that report were so clear.

To cheer up my noble friend Lord Hamilton a bit at this late hour, I cannot think of any other species that are likely to go through this process. If there are any, I suggest that it will probably be at least a decade before someone is standing here recommending that we take that forward. It may be less; this is a fast-moving area of science, but it has taken many years—I do not know how many precisely—for decapods and cephalopods to be recognised in this way. I hope that is reassuring.

The noble Baroness asked a question about the food industry and making sure that, if the committee were to make recommendations about how one treats these organisms as part of food processing or cooking and the law is then changed because Ministers accepted that advice, there would have to be a huge amount of work with the food industry to make sure that it was prepared for it. However, this amendment does not change anything. It does not change the law; it just allows it to be within the remit of the committee to give advice to Ministers who will then take other factors into account, regarding, for example, the marine environment, fish, the economic benefits of the fishing industry to coastal communities or the importance that the Government put on fish being part of the nation’s balanced diet. These are the sort of wider factors that Governments will take into consideration.

I am sorry that my noble friend Lord Moylan feels put upon. I thought that I was the victim here, but clearly that is not the case. I will try to be kind to him when I come to his amendment.

I turn to Amendment 41, and here my remarks relate to the point made by the noble Lord, Lord Trees. The Animal Welfare (Sentience) Bill recognises that live animals with a backbone—vertebrates—are sentient. A government amendment has been tabled to also recognise decapod crustaceans and cephalopod molluscs as sentient, as I have said. It is our intention and expectation that the committee will concern itself with consideration of the welfare of live animals. In practice, it would be difficult for the committee and government departments to identify the way in which a policy under consideration affects the welfare needs of a foetus or an embryo, as opposed to those of the mother animal. It is unlikely, therefore, that the committee would find itself considering a policy beyond its remit. The central recommendation in the report is that these cephalopods and decapods will be regarded as sentient animals, but we carefully considered the recommendations in the review. The evidence of sentient decapods and cephalopods is clear: we are committed to being led by science when it comes to sentience, and that is why we amended the Bill.

Turning to Amendment 42 in the name of my noble friend Lord Moylan, as I mentioned, the Government are led by the science when it comes to sentience. We have considered the review’s findings carefully before amending the Bill to recognise these invertebrates as sentient. I can confirm that, at the present time, there is no intention to treat any other invertebrates, beyond decapods and cephalopods, as sentient animals. The scientific evidence that led to the Government commissioning the LSE review has been many years in the making. I can assure the House that this will continue to be the case for future extension, using the delegated powers in Clause 5.

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[Lord Hamilton of Epsom (Con)]

I support my noble friend Lord Robathan. In anybody’s language, this is an extremely controversial Bill—that has come from a number of extremely distinguished Members of your Lordships’ House. The most appalling collateral damage could be caused by the Bill which no one has anticipated. That is the problem. When you have such Bills with a mind of their own and committees that can roar off doing all sorts of things and are completely independent, it is only later that you realise that it was a very great mistake in the beginning. In all modesty, I think the Minister should seriously consider this sunset clause so that we can reconsider whether the Act, as the Bill will no doubt become, has been a good idea, whether it has achieved what it set out to do, or whether it has caused so much damage that it needs to be radically revised. A sunset clause of five years gives us a wonderful opportunity to think again, and I sincerely hope that the Minister will give the amendment serious consideration.

[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.

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[Lord Teverson (LD)]

My Lords, this seems quite novel as an amendment—to try, once a Bill has gone through Parliament and become an Act, to judge it afterwards. It is a novelty that I find perhaps rather difficult. I share the noble Earl’s thoughts about some of the issues around the Bill, but this is probably overly bureaucratic and, if we believe in Parliament, probably not the best way to move forward on this occasion—despite the great respect I have for him.

[Baroness Hayman of Ullock (Lab)]

My Lords, I agree; I too hold the noble Earl, Lord Caithness, in the greatest respect and the highest regard. Of course, he is absolutely right to say that any Government should consider seriously unintended consequences when considering any new legislation but, along with the noble Lord, Lord Teverson, I agree that this proposal is overly bureaucratic. Do we really need another committee? We seem to have an awful lot of them already. Expert advice will be readily available to the ASC, as we have heard, as well as to the Secretary of State.

I am very pleased that we have reached the end of Report and I congratulate the Minister on his resilience.

Water: Sewage

Baroness Hayman of Ullock Excerpts

Wednesday 1st December 2021 Lords Chamber

[Lord Benyon (Con)]

The actions of water companies in relation to storm outflows has been brought into sharp relief by the debates around what is now the Environment Act, and other measures being brought forward by pressure groups and parliamentarians. Water companies are very seized of this and they have new responsibilities—not just through the provision of the Act, but through our direction to Ofwat and our ability to look at their plans to make sure that they comply. I do not think there has ever been so much focus on what they can do, and I do not think they can get away with the levels of sewage outflows into our rivers under the measures we are bringing forward.

[Baroness Hayman of Ullock (Lab)]

Surfers Against Sewage has an annual water quality report which found that water companies have actually increased the amount of raw sewage dumped into our rivers and seas—an 87% increase from last year. The Government have now said that they have the tools to act and hold water companies to account. I am pleased that they now see that sewage discharges are completely unacceptable. The Question asked by the noble Baroness, Lady Jones, was, however, about timescales and urgency. Can the Minister assure your Lordships that when the Surfers Against Sewage annual report is published next year it will show a significant decrease in the amount of sewage flowing into our waterways?

[Lord Benyon (Con)]

I am a great admirer of Surfers Against Sewage; it, along with Members of this House and others, has strengthened the hands of those in government who wanted to see that we have proper measures against sewage outflows. As I said in reply to the noble Baroness, Lady Jones, we will respond on the timescale as indicated, in the early part of next year. We are treating this as a matter of urgency, and we want to hold water companies to account to react quickly to the new measures we are bringing in.

National Food Strategy Report

Baroness Hayman of Ullock Excerpts

Wednesday 17th November 2021 Lords Chamber

[Lord Benyon (Con)]

The food strategy will be in the form of a White Paper, which is usually the precursor to legislation, and this House will be kept fully informed about this. The obesity strategy has been developed through a huge amount of work, not least by outside bodies such as the Centre for Social Justice. It is there to help people already living with obesity, including funding weight management services, but also to create a food environment and culture that makes it easy for everyone, regardless of their circumstances, to live a healthier life.

[Baroness Hayman of Ullock (Lab)]

We strongly support the recommendations that the report makes to ensure better access to healthy food for those on the lowest incomes. Can the Minister confirm that the Government will adopt without delay the calls to increase eligibility to free school meals and the value of healthy start vouchers as well as the extension of the holiday activities and food programme?

[Lord Benyon (Con)]

I entirely understand the points the noble Baroness makes. These are matters for other departments in government. We are working with them as part of our response to this important piece of work by Henry Dimbleby in the development of the food strategy. It will not just be something produced by my department; it will draw in all those issues from across government.

Catchment Based Approach’s Chalk Stream Restoration Strategy 2021

Baroness Hayman of Ullock Excerpts

Wednesday 3rd November 2021 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Lord, Lord Chidgey, for securing this opportunity for your Lordships to debate this critical environment issue. As we have heard, England has 85% of the world’s chalk streams. We also know that these precious and unique freshwater ecosystems are at risk. We have heard from noble Lords about their importance to wildlife and flora. The noble Lord, Lord Addington, drew attention to the recreational aspects as well.

As our climate emergency takes hold, our chalk streams are on the front line. COP 26 has now started. Fine words from the Prime Minister are all very well, but if we cannot save what we have, what we hold in trust for the world and future generations, we cannot lecture others on what they should be doing to protect their environment. The fate of England’s chalk streams is the litmus test of how this country treats its environment.

There are many reasons why our chalk streams are at risk: agricultural pollution; pollution from storm overflows, as we heard earlier; a decline in native species, particularly invertebrates; the introduction of non-native invasive species; development and population growth; and the simple fact that we use and waste too much water. On average, in Britain, we use more water per head per day than most other countries in Europe.

However, most pressing of all are low flows and chronic over-abstraction. The noble Lord, Lord Stoneham, mentioned his concerns on this issue. In recent years, we just have not had enough rain to support the level of abstraction still taking place, despite the constant warnings in recent years about the damage this is causing. There has been insufficient recharge of groundwater supplies to maintain an acceptable flow in our rivers over the summer periods. The swings we are seeing—from drought in the summer to extreme rainfalls in the winter and back again—are likely to continue as climate change makes its impacts felt.

As other noble Lords have said, there must be reform of the abstraction licensing system, which is currently allowing too much water to be taken out of our chalk streams. We need a more robust infrastructure, which can deal with the strain of an unpredictable climate and a rising population, plus greater investment in additional storage capacity and government support for demand-management measures, such as water metering.

We debated the sad condition of many of our rivers, including chalk streams, during the Environment Bill. The noble Lord, Lord Goldsmith, the Minister responding, said that he shared the determination of the noble Lord, Lord Chidgey, to protect our chalk streams, and:

“Restoring our internationally recognised and important chalk streams is already a government priority.”—[Official Report, 12/7/21; col. 1591.]


He also mentioned that one of the draft recommendations of the chalk stream restoration group is that they be given an overarching protection and priority status. There is already a large amount of evidence in various reports that have been mentioned—from the Angling Trust, Water UK and the Rivers Trust—demonstrating what must be done.

The Chalk Stream Restoration Strategy, a report with a catchment-based approach, was published last month. The noble Lord, Lord Chidgey, when ending his introduction, read the most important part of it, where it calls for its “one big wish”—the enhanced status for all chalk streams. This statutory driver makes all the difference. It allows the regulators, the industry and NGOs to do what they must to bring our chalk streams back to ecological health, not just in a few privileged places but everywhere.

The Government must give chalk streams the proper status, reflecting that they are not just locally precious—although clearly they are—but globally unique, by providing a statutory driver for the investment needed to restore their ecological status. The noble Lord, Lord Chidgey, is a redoubtable champion fighting to save these precious, important ecosystems. I am sure that following today’s debate he will continue campaigning to give them greater protection, and he will have our support in his aims, but he also needs urgent government support. I know that the Minister shares many of our concerns so let us get on with it and start implementing the recommendations from these reports.

Farming Rules for Water

Baroness Hayman of Ullock Excerpts

Monday 1st November 2021 Lords Chamber

[Lord Benyon (Con)]

My noble friend is absolutely right. We should see the fact that only a very small percentage of our rivers are fully functioning ecological systems as something of a national disgrace. We have spent many hours debating the Environment Bill here and are moving to a much better place—but we can do much more, working with the farming community and recognising that it is only part of the problem and that there are other polluters as well. We want to make sure that we are abiding by our commitments to get our rivers in good ecological state in a very short space of time.

[Baroness Hayman of Ullock (Lab)]

Clearly, sorting out pollution in our rivers is absolutely critical. As the Minister said, we have talked about this time and again on the Agriculture Act and the Environment Bill. My understanding is that a statutory review of the regulations was undertaken by Defra at the turn of the year and was due to report last April, but we have not seen this yet. Can the Minister explain the delay and when we are likely to see it? He mentioned the working group. Is this something that the working group will look at and report on?

Fishing: France

Baroness Hayman of Ullock Excerpts

Monday 1st November 2021 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords—

[Baroness Bloomfield of Hinton Waldrist (Con)]

We should hear from the Front Bench; there will be time for another question afterwards.

[Baroness Hayman of Ullock (Lab)]

My Lords, it is appalling how much this has escalated over the weekend. What conversations, if any, has Defra had with the noble Lord, Lord Frost, to urge him to help to resolve the situation? Exactly what urgent talks are taking place with Defra’s French counterparts to de-escalate the situation so that British and French fishers can get on with their jobs safely? Licences were mentioned; was the Minister saying that because of the judicial process he cannot clarify whether the trawler had the correct fishing licence? We need to know this and whether it was included on the list of licences given to the French. If not, why not? Is it not possible for the Government to publish the list to put an end to confusion?

[Lord Benyon (Con)]

On the vessel that has been seized, I cannot give the noble Baroness that assurance at the moment, but I can promise that we are working closely to find out some rather complex details that lie behind it. I can assure her that we are talking regularly across government and directly with the Commission. Madame Girardin, who is the French Minister, has the number of my ministerial colleague, Victoria Prentis, on speed dial. We will continue to talk to the Commission, which is the responsible body, to resolve this.

Culling of Pigs

Baroness Hayman of Ullock Excerpts

Thursday 14th October 2021 Lords Chamber

[Lord Benyon (Con)]

The noble Lord is very experienced in this field, and he was himself involved in the development of a new veterinary school with Harper Adams. That is just part of what this Government are doing to increase capacity in this sector. I talk almost daily with the FSA on this and related issues. It has not specifically raised the issue of a shortage of official vets in the abattoir sector. Nevertheless, as we get through the Covid crisis and the impact it has had on overseas workers, it is important that we address this sector as well.

[Baroness Hayman of Ullock (Lab)]

I am very pleased to hear that there will be an imminent announcement, because the Government’s response—including the Prime Minister’s—to this crisis has been pretty hopeless so far, to put it mildly. Unfortunately, it has been catastrophic to many pig farmers already because the Government have taken so long to act. What are the Government’s projections as to the impact on the pig industry? How many farmers will go down because of this crisis? Will this lead to foreign imports bred to lower animal standards?

[Lord Benyon (Con)]

Roughly 30% of the pigmeat eaten in this country is imported. Most of what we export are cuts not eaten in this country, and there is a complex supply chain to service both of those things. We want to increase the amount of pigmeat produced and eaten here, and there is a lot of work going on on that front. But I assure the noble Baroness that we are talking daily to the National Pig Association, the British Meat Processors Association and the Association of Independent Meat Suppliers to make sure that the current difficulties are ironed out and that many working in this sector can remain in it and be supported through a variety of other encouragements that we are using to improve and give them a long-term future in the agricultural sector.

National Food Strategy Independent Review

Baroness Hayman of Ullock Excerpts

Tuesday 20th July 2021 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

The report highlights some key questions for the UK’s trade policy. The UK cannot work to transform its own food system and support people to make food choices that are better for their health and the environment if we allow foods to be imported that are produced to lower safety, environmental or welfare standards. I ask the Minister how the Government will heed the report’s warning on the worrying precedent that the Australia deal could set on food standards for imports.

[Lord Benyon (Con)]

Australia is a country that shares our values and it is important that we have a free trade agreement with it. The noble Baroness will be pleased that it contains a chapter on animal welfare, which is often overlooked in criticisms. I assure her that the Government’s commitment to standards will be underpinned throughout all the trade agreements we sign.

Animal Welfare (Sentience) Bill [HL]

Baroness Hayman of Ullock Excerpts

Committee stage
Tuesday 20th July 2021 Grand Committee

[Baroness Hayman of Ullock (Lab)]

In this group, I support Amendment 46 in the name of my noble friend Lady Young, to which I have added my name. This is a fairly straightforward amendment designed to enable the animal sentience committee to submit annual reports to both Houses of Parliament. I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Bakewell of Hardington Mandeville, for their support. The amendment would ensure transparency and oversight of the work of the committee.

Coming to the points raised by the noble Earl, Lord Caithness—I thank him for his introduction to his amendment—he referred to the three points in subsection (2) of the proposed new clause in our Amendment 46. The first is

“a statement of the policies on which the Committee has reported”,

which I cannot imagine anyone would object to, as we need to know what the committee has been looking at. Then there is

“an overview of the implementation of animal sentience requirements”,

which is the part the noble Earl raised.

The reason for this provision is that I have often seen in pieces of animal welfare legislation, covering wildlife crime, for example, that legislation is brought forward in good faith but then not enacted. It does not get enforced and is not implemented properly. Often, that legislation does not work to deliver what it was designed to deliver. We want to have oversight of that and to ensure that other government departments co-operate with the committee in the way that is expected. That is the purpose behind it and I hope I have explained it to the noble Earl. Lastly, there is

“a statement of the other activities”.

I am aware that the noble Viscount, Lord Trenchard, took exception to that, but we think it is important that we get proper oversight of everything that the committee is currently expected to look at.

Just before I finish on these, the noble Earl, Lord Caithness, introduced his Amendment 38. I agree with the noble Baroness, Lady Bakewell of Hardington Mandeville, that it could bring in unnecessary bureaucracy. However, there are clearly important questions that he has asked the Minister to consider.

I support Amendment 20, in the name of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Fookes, which would provide that the committee “must” produce a report when any government policy is formulated or implemented. Again, I agree with the noble Baroness, Lady Jones of Moulsecoomb, that we need a strong, broad-based committee that looks at everything in the round. We have talked about this before: the remit and the focus are of such importance that we all know exactly what is expected from the committee once it starts working.

I also support Amendments 27 and 41, in the names of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Fookes, and the noble Lord, Lord Trees. I thank the noble Lord for introducing that amendment clearly. Again, this is all about proper reporting, which will be critical.

On Amendment 44, in the name of the noble Lord, Lord Mancroft, we agree with the noble Baroness, Lady Bakewell of Hardington Mandeville, that this does not necessarily need to be in the Bill. But in introducing his amendment, the noble Lord asked some important questions that need to be considered as we move forward.

Finally, Amendments 21 and 22, tabled in the names of the noble Lords, Lord Forsyth of Drumlean and Lord Etherton, and the noble Viscount, Lord Trenchard, were introduced today by the noble Viscount. We believe that these amendments are unhelpful. Amendment 21 amounts to a significant weakening of the animal sentience committee because of the way it restricts the committee’s work. By not being able to report on existing government policy, it rows back from the original vision of a body that is free to consider sentience questions right across the range of government policy. I know a number of noble Lords do not think this is necessary, but we think it is very important.

We also think it is important that the initial vision is retained in the Bill so that the animal sentience committee can make a positive contribution to policy-making. It can best do that as a public body that provides expert input to inform complex policy questions that touch on the welfare of animals as sentient beings. As we and the Minister have said, this is not about the committee making policy; it is about the committee informing, answering questions, passing comment and being there as a critical friend, if you like, for policy decision-making in this area.

If we erect arbitrary barriers to that expert advice, it will impoverish the policy process. We should not make laws that prevent Ministers accessing knowledge that could improve their decision-making. The noble Baroness, Lady Bakewell of Hardington Mandeville, mentioned the Scottish Animal Welfare Commission, which we know is carrying out this important work. It is an interesting example of what could be achieved if we move forward with the Bill as proposed. As the Minister said on the first day of Committee:

“In our manifesto, this Government as a whole committed to the introduction of new laws on sentience, with no suggestion of carve-outs or exemptions.”—[Official Report, 6/7/21; col. GC 288.]


We strongly support him in that ambition.

As we heard, Amendment 22 would require permission to be received from the Defra Secretary of State before a report could be prepared. We believe this would also significantly weaken the committee and reduce it from being a body that is free to consider sentience questions across government policy to basically a Defra scrutiny committee, which would then scrutinise only with the Secretary of State’s permission. We therefore cannot support the amendment.

This has been a really interesting discussion on this group. It has been good to hear all the different contributions from noble Lords. I now look forward to hearing the Minister’s contribution.

[Lord Benyon (Con)]

I entirely agree: this has been a really interesting discussion.

I thank the noble Baroness, Lady Jones of Moulsecoomb, for her Amendment 20, which would place a legal duty to publish reports on the animal sentience committee. This Bill makes provision to empower the committee to scrutinise Ministers’ policy formulation and implementation decisions with a view to publishing reports containing its views on whether Ministers have paid “all due regard” to the welfare needs of animals as sentient beings. When the committee publishes a report, this will trigger the accountability mechanism to ensure Ministers respond formally to Parliament. The committee will be able to issue reports on central government policy decisions, without exception. This includes past policies as well as policies in the process of being formulated.

Naturally, the committee will not be able to scrutinise every single policy-making decision. This would be an impossible undertaking for a single committee, so we will support the committee to identify and prioritise areas where it can have the most important impact. I am sure your Lordships would agree that the committee should focus on policies where it can add the most value.

As the experts, it is ultimately for the committee to decide how best to use its time. We therefore do not want to prescribe what it must do any further in statute, beyond the powers given to the committee in the Bill. We want to give the committee flexibility to work in a way that best suits its priorities. For example, the committee may decide to issue advice and input as a policy is being formulated. We will support the committee in identifying opportunities for this. I assure the noble Baroness that the committee will have a work plan that will be made publicly available. We think it best for the committee, as the experts, to decide what it chooses to look at.

We will, of course, work closely with the committee, which will have a dedicated secretariat to support its work. We want to ensure that the committee is appropriately resourced with sufficient membership and administrative support to make an impact and scrutinise the most important decisions but is not so large as to become unmanageable or overbearing. Your Lordships tried to pin me down on this when the Committee last met. I am happy to give a little more clarification. As has been said, your Lordships can look at the Scottish Animal Welfare Commission, with its 12 members and a proportionate dedicated secretariat, as a rough indication of the scale that we are looking at.

I offer my reassurances to the noble Baroness that it is very much intended that the committee will publish reports on how Ministers have paid “all due regard” to the welfare needs of animals as sentient beings. This will be a key tool in embedding consideration of animal welfare into the policy decision-making process.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

The noble Baroness, Lady Mallalieu, whose name is next on the list, has withdrawn.

[Baroness Hayman of Ullock (Lab)]

I am speaking to Amendment 49 in my name and those of the noble Lord, Lord Randall of Uxbridge, and the noble Baroness, Lady Bakewell of Hardington Mandeville. I thank them for their support. Before I move on, I assure the noble Lord, Lord Moylan, that he has understood the purpose of my amendment completely correctly. We also support Amendment 51 in the names of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Fookes.

Clause 5 currently defines “animal” as any vertebrate other than homo sapiens. Amendments 52 and 53 talk about adding “fish” and “birds” to the scope of the Bill. I know that they are probing amendments, but they are vertebrates—

[Lord Moylan (Con)]

After “except homo sapiens”.

[Baroness Hayman of Ullock (Lab)]

Okay. As I was saying, they are probing amendments that are basically asking for animals to come in that are already covered, as they are vertebrates. I am just a bit confused about that. If we look back to the European Council directive in 1998 which preceded the Lisbon treaty, fish and birds are included all the way back to then. I will be interested in what the Minister has to say and why the probing amendments are felt to be necessary.

Looking at Clause 5(2), we have had some debate about the fact that the definition could be widened in future to include invertebrates if evidence of sentience among invertebrates comes forward. We have put forward this amendment because we believe that evidence of sentience among two groups of invertebrates, cephalopods —for example, octopuses—and decapod crustaceans, is already established and has been for a number of years.

The noble Lord, Lord Moylan, spoke about the importance of scientific evidence in the debate on an earlier group, so I am sure he will be interested in the fact that back in December 2005, the Panel on Animal Health and Welfare of the European Food Safety Authority published a report that examined the scientific evidence about the sentience and capacity of certain invertebrate species to experience pain and distress. It concluded that decapod crustaceans and cephalopods can experience pain and distress, and that the largest decapod crustaceans are complex in behaviour and have a pain system and considerable learning ability.

As regards cephalopods, the scientific panel concluded that they have a nervous system and a relatively complex brain similar to many vertebrates and sufficient in structure and function for them to experience pain. Notably, they can experience and learn to avoid pain and distress, such as avoiding electric shocks. In addition, they have significant cognitive ability, including good learning ability and memory retention, elaborate communication systems and individual temperaments. More recently, a number of scientific papers strongly point to the conclusion that both cephalopods and decapod crustaceans are capable of experiencing pain and suffering.

Even more recently—the noble Lord, Lord Trees, referred to this—evidence was given to the Select Committee in July, this month, by Dr Jonathan Birch from the LSE, who is, of course, the author of the report that Defra is producing. He provided written evidence, along with Professor Nicola Clayton and Dr Alexandra Schnell from the University of Cambridge, and Dr Heather Browning and Dr Andrew Crump from the LSE. These are serious academics, who are the kind of people we should listen to when we consider scientific evidence in making decisions. If noble Lords will bear with me, I just want to pull up a couple of their points on this Bill. They say:

“In our opinion, the evidence vindicates the 2012 extension of the Animals (Scientific Procedures) Act 1986 to cover all cephalopod molluscs. We now have a very strange situation in the UK: all cephalopod molluscs are protected in science but they are not protected by robust animal welfare laws outside scientific settings.”


Coming to Amendment 57 in the name of the noble Lord, Lord Moylan—and perhaps to answer his considerations about this—they also say that:

“Regarding decapod crustaceans: although it would be possible for animal welfare law to protect some infraorders while excluding others, this has the potential to generate significant confusion. A better approach would be to protect all decapod crustaceans in very general legislation such as the Animal Welfare (Sentience) Bill”.


Having made that point, I would like to look at the work of the Scottish Animal Welfare Commission. In February this year, it issued a definition of sentience to cover both groups we have been discussing in light of the accumulating evidence, and that preceded the evidence I have just read out to noble Lords. Our amendment acknowledges this growing amount of evidence and seeks to embed it within the Bill by extending the definition of “animal” to cover cephalopods and decapod crustaceans. We know that they are already protected in some other countries—Australia, Switzerland, Norway and New Zealand—and in some states in the United States and Australia. The recognition of cephalopod and decapod crustacean sentience has already been acknowledged within the scientific community, so in our mind there is no good reason to delay acknowledgement of it within the Bill.

The independent review has been mentioned by the noble Lord, Lord Trees, and the noble Baroness, Lady Fookes. There is huge expectation that this report will be published soon, and it has a significant role to play in informing the Bill we have been debating in this Committee. It would be extremely useful if the Minister could give us an update on its progress because to have it before us before Report is very important.

Before I finish, I want to speak very briefly to a couple of the other amendments. First, on Amendment 50 tabled by the noble Lord, Lord Robathan, the noble Viscount, Lord Trenchard, and the noble Earl, Lord Caithness, I just feel a bit disappointed that it has been tabled to remove wild animals from the scope of the Bill. I do not think there is a case for their removal. I heard the noble Lords’ concerns around responsibility, and I would be very keen to hear some clarity from the Minister on this area. I really think that if we accept that animals are sentient by virtue of their biology, sentience applies whatever the condition an animal is in, whether it is wild, farmed or kept as a companion. Human activity—what we do—impinges on wild, farm and companion animals alike. So, consideration of how our activity impacts on the welfare of sentience should cover all animals that would come under the scope of the Bill at the moment.

Amendment 48, tabled by the noble Lord, Lord Moylan, and other noble Lords, would limit the Bill’s coverage to mammals, as we heard in the introduction. I would just like to make this point: when we consider whether an animal is sentient, we should not be affected by how like it is to us. That is not the point of sentience. As noble Lords, we need to consider this fact very carefully, and that is borne out again by the scientific evidence. On that basis, being an invertebrate should not automatically preclude sentience, so the limitations proposed by the amendment would then become an entirely arbitrary limitation given the overwhelming evidence I have just expressed concerning the fact that sentience exists across vertebrates.

I am aware that there has been quite a bit of press interest in our amendment. I know we are not allowed to use props, but I have a newspaper here, the Times, whose editorial on 8 July said, “Considering the Lobster” —it is almost getting a bit Lewis Carroll, is it not? The subheading was:

“Ministers are right to ban the practice of boiling shellfish alive.”


In light of this, I urge the Minister to take action and accept our amendment.