Animal Welfare (Sentience) Bill [Lords]

Bill Wiggin Excerpts

2nd reading
Tuesday 18th January 2022 Commons Chamber

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

It is a pleasure to follow the hon. Member for Old Bexley and Sidcup (Mr French). I was moved by his kind and thoughtful contribution on his predecessor, who was indeed well respected and admired by Members across the House. I think his constituency sounds beautiful. I liked the talk of the meadows and I had no idea Roald Dhal lived there. Perhaps I should pop down and visit. It is always good to welcome a fellow animal lover to the House of Commons, and I wish him all the best.

It is no exaggeration to say that I am contacted daily by constituents on one aspect or another of animal welfare. The recognition of animal sentience in law has been a consistent question since I became an MP in 2017. Many of us remember the famous amendment on animal sentience tabled during the constant Brexit debates. I certainly remember the flurry of emails, social media, tweets and messages on Facebook that followed, with numerous people telling me how important animal sentience was to them. It is, of course, entirely proper that the Government of the UK, famed as a nation of animal lovers, should act to remedy that issue. I am here to briefly, but carefully, represent the many voices of the people from Hull West and Hessle who contacted me on the issue.

No one who has looked after animals or spent time watching them in the wild can have any doubt that they are aware and can experience emotions. If you will forgive me for one moment, Madam Deputy Speaker, I do have to mention my two cats, Thomas and Serena, who have entirely different personalities. They are absolutely wonderful and dispel the idea that they cannot experience emotion when I can tell by looking at them exactly how they are feeling. One of the greatest inventions of the internet, of course, is #catsoftwitter, which I recommend to all Members. If they are having a bad news day, they should have a quick look at it and it will cheer them up.

It is worth reminding Members that we are animals, too. We are only different by degree, and more and more scientific research is showing us how slim that difference of degree is. Free or captive, wild or domesticated, our fellow animals should be treated with compassion and respect, and it is proper that the Bill recognises that by applying it to all. In fact, the continuing advances in our scientific understanding of animal sentience were what made the Government decide against including a definition of sentience in the Bill. I am pleased to hear that although a definition might not be in the Bill, it is in the terms of reference. That growing understanding has led to the inclusion of cephalopods and decapods, which include octopuses and lobsters, as sentient animals for the purposes of UK animal welfare law.

I want to mention the few small reservations I have. Although my remarks are in support of the Bill and those from the hon. Member for Huntingdon (Mr Djanogly) were against, we share similar concerns about the composition of the committee. Who will sit on the committee? How will they be chosen? What powers will they have? How independent will they be of Government? My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) made an incredibly useful contribution to the debate, because he detailed his concerns about the committee and the fact that it will have no power even to tell DEFRA how to conduct itself.

[Sir Bill Wiggin (North Herefordshire) (Con)]

I quite agree with the hon. Lady. Why will she not then persuade those on her Front Bench to vote against this nonsense?

[Emma Hardy]

In general, we support the Bill. We hope that in Committee some of our reservations will be looked at and the Bill amended—[Interruption.] I see the Minister nodding at me from the Government Front Bench. So far, during the passage of the Bill, the Government seem to be willing to consider amending and improving it. I hope that that will continue.

The Bill does not propose a duty on Ministers to consider the welfare needs of animals when making policy. I think those points were very well made by my hon. Friend the Member for Plymouth, Sutton and Devonport. I draw attention to the remarks made by my hon. Friend the Member for Oldham West and Royton (Jim McMahon), who is not in his place. I hope the Government will look again at hunting with dogs and at animal standards abroad.

The points made about free trade deals are very concerning. I have had numerous emails from constituents on that point and they are very worried. Some of the flippant responses such as, “Well, they don’t have to buy that meat, then,” fail to recognise the fact that when price is taken into consideration many families might feel that they have no choice. We need to look at some of the animal standards we are importing.

I agree that we should have an annual oral statement, as a written statement produced for Parliament does not give the same chance for scrutiny. That is a weakness of the Bill that I hope the Minister will address.

I am grateful to the hon. Member for Edinburgh North and Leith (Deidre Brock) for raising a point about the use of primates in experiments by the Ministry of Defence, because I had no awareness of that whatsoever, so I am grateful that she has brought it to my attention. I hope the Minister can comment, because I find it hugely concerning.

Although I support the Bill, there are a few points that I hope the Government will take away and consider so that when it comes back for its final votes on Report it is much improved.

[Dr Neil Hudson (Penrith and The Border) (Con)]

It is a pleasure to follow the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy).

It is a pleasure and privilege to speak in the debate on a very important Bill that Opposition Members will be pleased to hear this Member of Parliament strongly supports. I declare a strong professional interest as a veterinary surgeon; the Bill will be so important in recognising animal sentience in UK legislation.

In the current political climate I am loth to get into intricate debates about the difference between the words “implicit” and “explicit”, but, as the Secretary of State said, animal sentience has been implicit in UK law since the Cruel Treatment of Cattle Act 1822, and it remains implicitly acknowledged in current animal welfare legislation, including the Animal Welfare Act 2006. I feel that this House and the Government missed a trick in 2017 by not transferring into UK legislation the part of article 13 of the Lisbon treaty that recognised that animals are sentient beings, because that would have been easy to do. That said, by not doing it, we now have an amazing opportunity to put animal sentience at the heart of UK legislation, and that is very important. I also welcome it as the Government’s fulfilling of a manifesto promise, which I strongly support.

I very much welcome the fact that cephalopod molluscs and decapod crustaceans are now included in the Bill. That sets a really good example. The Government have commissioned a piece of work from the London School of Economics and they have listened to it. I am very encouraged by that; I just wish they would do it a little more often.

Although I welcome the Bill, I very much recognise the contributions from Opposition Members who say that we need to be clearer on some of the details and specifics. I recognise that, by definition, this is a brief and general overarching Bill, which is probably quite sensible. That said, I would very much like it to define the term “sentience” in some way. In the 2017 Bill consultation, 79% of responses called for the inclusion of a definition in the Bill. A useful definition made by the Global Animal Law Project and endorsed by the British Veterinary Association states:

“Sentience shall be understood to mean the capacity to have feelings, including pain and pleasure, and implies a level of conscious awareness.”

The Minister said in the other place, and also before us in the Select Committee on Environment, Food and Rural Affairs, that it might well be difficult to put the definition into primary legislation because the science is evolving and so potentially it could evolve. We could get round that by placing it in secondary legislation that would be easily updated, so I think that the Government can move forward on that.

         I very much welcome the formation of the Animal Sentience Committee, but we need to be clear about its independence and to make sure that it has strong expertise and experience in animal welfare, animal health and veterinary matters. It needs to have some teeth and some power, including power to roam across Government. I am very glad that the committee will be based in DEFRA; although I want it to have a roaming feature, I am more comfortable with it being in the Department that is the custodian for animal health and welfare, which I think makes a lot of sense.

[Sir Bill Wiggin]

Given my hon. Friend’s expertise and professional experience, what examples does he have from his own life of such a committee being necessary? Why does he therefore want it based in DEFRA?

[Dr Hudson]

I will come on to some examples of why I think the committee will be important, and how the Government and the Secretary of State respond to it will be useful in formulating policy.

I am glad that the committee will be embedded in DEFRA, but I very much hope that it will be listened to. I draw a contrast with the Trade and Agriculture Commission, which I and many hon. Members on both sides of the House called for, as did the National Farmers Union. We were really pleased to have it scrutinising trade negotiations. It produced a report, but the Government were very slow in responding and were a little partial in their response. I very much hope that the response to the committee from DEFRA, a Department in which I have a lot of faith, will be unlike some of the responses from the Department for International Trade to the Trade and Agriculture Commission.

I welcome the fact that the Secretary of State will respond within three months. There has been a lot of fear that the Bill and the committee might be open to judicial review, but the fact that the Secretary of State needs to respond within three months may go some way towards mitigating that risk. I recognise that there have been concerns, however.

--- Later in debate ---

[Sir Bill Wiggin (North Herefordshire) (Con)]

First, let me draw the House’s attention to my declaration in the Register of Members’ Financial Interests, because I farm. What a delight it was to listen to such a full tribute to my friend James Brokenshire. He was a lovely man and a good friend, and we miss him very much. He has a worthy successor in my hon. Friend the Member for Old Bexley and Sidcup (Mr French). What large shoes he has to fill. I am sure that he will do his very best.

Concern for animal welfare is, as everyone has said, something on which we pride ourselves in this country, and on which we already lead globally. The sentience of animals has long been recognised in this country, as is evidenced by the animal welfare legislation passed by Parliaments over the last 200 years. My great-great-grandfather was the MP for somewhere in Birmingham—I think it was Yardley. I asked the Library to look up any speeches he made in 1885, and all it could find was a speech on rabbits and hares. Here I am, 137 years later, still on animal welfare. Nothing has changed because we care about sentience in animals. That is not going to make the Bill necessary. The Bill is completely unnecessary.

Every Member who has spoken in the debate has listed things that they think are more important than the Bill when it comes to animal welfare. They are right. There are so many things on which we could do a better job. Parliamentary time is not an endless opportunity. This is the place for Governments to bring in changes and improvements to the lives we and our constituents lead. We are elected for fixed periods of time, so every day is precious, and every opportunity to improve, simplify or even tweak our legislation is both a privilege and an obligation. That is why unnecessary tokenism and gestures, although they might feel nice, are a missed opportunity. The Bill is one of the best examples of that—glittering with good intentions, just like the road to hell, but absolutely and completely unnecessary.

First, the Bill creates an open goal for prevention. If someone wants to prevent a planning application, they can refer it to a quango and get a three-month report. There are questions about the proposed committee that will be formed to determine whether the sentience of animals has been considered by Government policy. What happened to the bonfire of quangos? DEFRA has already created a quango in the Environment Act 2021, and now it thinks we need another one. It is not so much a bonfire of quangos as a breeding ground for quangos. While most life forms fall under the scope of the Bill, the taxpayer, that most undervalued of vertebrates, would appear not to do so.

Parliament has always proceeded on the basis that animals are sentient, and has legislated for animal welfare as a result. The definition, or lack thereof, in the Bill is somewhat irrelevant. What animals are considered to be sentient can be changed to suit. All this will do is prevent things. Want to plant more trees, build more houses, improve infrastructure or open a new power station? None of that will be straightforward, just in case we might hurt the feelings of a mouse or a cuttlefish in the process. [Interruption.] Yes, cuttlefish are cephalopods.

The Bill directly contradicts our pledge to level up this nation. My constituency has a moratorium on house building because of phosphate pollution in the River Wye. House building is proven to contribute only a tiny fraction of that pollution, but house builders and aspiring homeowners are being punished. The Bill will be terrible news for those people, as undoubtedly, in the wildest, most natural and beautiful of constituencies, some lovely creature will be discovered in situ. Its sentience will now need to be considered and more unelected bodies will have the power to subvert the building of those much-needed homes. What is conservative about that?

The core aspect of the Bill is to embed consideration of animal welfare into the policy decision-making process, as if we could not manage that by ourselves. That consideration will be made by the Animal Sentience Committee, an opaque body. To the naive, that will appear a noble stance for the Government to take. However, there are serious misgivings about what the committee will set out to achieve. The role of the committee is apparently to scrutinise not the substance of the policy decisions, but the process by which the decisions were reached and whether all due regard has been paid to animal welfare. However, the draft terms of reference suggest that the committee could have a role in scrutinising policies. That would be at odds with the very legislation bringing it into existence.

My question to the Minister, therefore, is who the membership of the committee will report to. Will it be at arm’s length? Most importantly, what safeguards will be in place to ensure that the committee will not act as a vessel by which farming, wildlife management and the rural economy are attacked? If anyone has any doubts that that might happen, they should listen to the contributions of Opposition Members. The way in which the Bill has been greeted should fire off the alarm bells in everybody’s minds. Greater detail is needed on what this committee is truly being set up for and what its aims are. We already have thousands of quangos in this country, and if we are not careful we will descend into the quagmire of anti-democratic legislation.

This is a crucial time for agriculture and rural life in the UK. As we leave the common agricultural policy and move to the environmental land management scheme, many farmers will be concerned about what the future holds. The Conservative party is a party of the farmer, for the farmer, so let us ensure that future animal policy recognises the calibre of our farmers, their land management practices and the deep care they have for their animals. They have not asked for this Bill, and they do not need it. This Bill is a waste of time and utterly unnecessary—

[Tim Farron]

Will the hon. Gentleman give way?

[Sir Bill Wiggin]

Yes. I am about to go into one, so I will happily give way.

[Tim Farron]

The hon. Gentleman outlines what he thinks are threats to farmers, but I do not agree that the Bill is a threat to British farmers. However, he alluded to the transition from basic payments to ELMS being a threat, and in that case I think he is right. Would he recommend that the Secretary of State pegs basic payments at their current level and keeps them there until ELMS is available for every farmer?

[Sir Bill Wiggin]

It is difficult for me to answer that, because I am a member of the ELMS pilot scheme, so I am deeply involved in the formation of ELMS. What I would say is that public money for public goods is the right way forward, with carbon captured in the soil and a corresponding payment made to farmers so that we can balance up the subsidy deficit that British farmers will face compared with their European competitors. At the end of the day I do not believe in subsidy for anything other than agriculture, and we subsidise only in order that our goods are competitive globally—if do not pay our farmers enough, our produce will not compete internationally and our farmers will be at a huge disadvantage.

[Sir Geoffrey Clifton-Brown]

My hon. Friend alluded to the fact that the committee’s work will be retrospective. Any citizen could suggest to the committee that the Government should change policy in a certain area. The committee would then look into that and make a recommendation to the Minister. That is a real gift to lobbying groups to achieve what they want, and the Government would be under difficulty to withhold it.

[Sir Bill Wiggin]

As always, my hon. Friend is absolutely right.

The real shame about this legislation is that here we are at Second Reading and every single colleague on both sides of the House has thought of better things for the Government to deal with, whether it is ELMS, as suggested by the hon. Member for Westmorland and Lonsdale (Tim Farron), or any of the other suggestions I have heard from Opposition Members. This Bill is a waste of time; it is utterly unnecessary and therefore wrong. We should not pass Bills that state the obvious and that are hostages to fortune, we should not create more quangos, we should not vote for unnecessary legislation —and we certainly should not vote for this Bill.