Animal Welfare (Sentience) Bill [ Lords ]

Daniel Zeichner Excerpts

Committee stage
Thursday 10th February 2022 Public Bill Committees

[Deidre Brock]

Okay, Sir Charles. Further to that, the Scottish Government hope to work through those issues, but it demonstrates how that Act can undermine devolution.

In closing, I commend those who have written in with their views, raising distressing issues such as puppy farming and unregulated microchipping and very sad cases of animal abuse. We hope that the Bill will go some way to address those issues. I also commend submissions from organisations such as the RSPCA, which, in particular, impressed me as adopting a very measured but rigorous approach to the Bill.

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Charles, and to be able to address the issues in the Bill. I have to say, we have already strayed on to other areas. As I walked into the Committee Room this morning, I saw that the notice on the door has the wrong wording, which rather sums up this Government’s muddled approach to animal welfare. Many people get confused by the various pieces of legislation, with Friday mornings spent discussing each other’s pet animals and so on.

My concern about clause 1 relates to exactly what it says: it sets up a committee. It does not enshrine sentience in law. That is the key point. The Government had the opportunity to put sentience into law when my hon. Friend the Member for Bristol East and other Members across the House tabled a very sensible amendment to the European Union (Withdrawal) Act 2018. I hope that the Minister will address that. The hon. Member for Cities of London and Westminster briefly referenced that poor cat. I am not sure what the status of sentience is in our law at the moment. Perhaps the Minister could address that. The hiatus over the past two years has left us in a curious position.

In the sense that it is better than nothing, we welcome the Bill. However, it is pretty close to nothing. As the Minister said, the committee has no power to make value judgments. She might as well have paused in the middle of that sentence—the committee has no power. It is a talking shop.

We will support the Bill in so far as it goes. However, let us be clear: it is a complete betrayal of the Conservatives’ promise to pursue animal welfare issues. We do it; they talk about it.

[The Chair]

Before I call the Minister to respond, Ms McCarthy has caught my eye.

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I want the Bill to be effective and snappy—to continue with the crocodile inspiration. I know that crocodiles in the Zambezi would be supportive of amendment 2, and that is why it would be a welcome addition to the Bill. I urge the Minister to join us in our support for the amendment. Let us make the Bill fit for purpose.

[Daniel Zeichner]

It is a pleasure to follow my hon Friend, who made an important set of points about this amendment. I would like to move from crocodiles to pigs because, frankly, what is happening across the fields of the country is ghastly. While there may be questions over the size of a crocodile’s brain, I think we all know that pigs are intelligent creatures.

My point in raising that is that, with this amendment, a range of Government Departments would be driven to have to respond in a crisis like this. It has an awful effect on the people having to kill pigs in fields—we think possibly some 35,000 so far. I must also say, there was a dreadful response from DEFRA to a written question from the shadow Secretary of State, my hon. Friend the Member for Oldham West and Royton, just on DEFRA’s basic knowledge of the numbers—“We don’t know; we don’t ask”.

A much stronger piece of legislation like this, driving the committee, would have forced Government Departments to have actually acted. I notice that the Minister did not respond to my earlier question about the current situation of sentience. We in the Opposition all know that pigs are sentient, but the hiatus in the legal setup means that it is very hard to hold the Government to account for the awful set of circumstances that are unfolding.

[Jo Churchill]

I agree that this is an important piece of legislation and, like the hon. Member for Newport West, I hope it will go forward in a timely way. I thank the EFRA Committee for the work that it has done in helping to guide us in ensuring that the Bill is as precise as it is. It is important to understand that there are two duties here.

The hon. Lady argued that the Animal Sentience Committee needs the power to compel Government Departments and public bodies to provide any information that the committee requests. While I would agree that it is key for the committee to have the necessary information to do its job, placing an additional duty on Departments to provide the committee with documents would just create additional grounds for judicial reviews. If a Department or public body was seen not to fully comply with the requests made by the Animal Sentience Committee, there would be grounds for a challenge.

The Bill has been carefully considered and worded to give meaningful effect to the principle of animal sentience without getting tied up in legal challenges. We want the committee to focus on current and future policy. Its aim is to improve transparency in decision making and in the policy-making process. The committee will build on and improve the evidence base, which I have referred to, that informs Government policy.

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[Jo Churchill]

Clause 2 tasks the Animal Sentience Committee with publishing reports that give its opinion on whether, or to what extent, Ministers have had all due regard to the needs of animals as sentient beings when formulating and implementing Government policy. The clause allows the committee to include recommendations on how this might be done in the future development of a policy in question. Lastly, the clause requires that the committee’s reports are published.

These measures sit at the heart of our proposals to create a proportionate and timely accountability mechanism that rests with Parliament, rather than the courts. The committee will have the powers to publish reports—importantly, including critical reports—on the Government policy decision-making process. However, the committee’s powers are well defined so as to ensure that it complements that decision-making process by giving additional evidence. The clause and the wider Bill do not authorise the committee to dictate or advocate a particular policy position, or critique how a Minister might decide to balance competing policy considerations. Ministers will continue to decide the appropriate balance between animal welfare and other important considerations when making decisions.

In the event that a committee report was critical of Government performance, Parliament would be able to consider the report and the Government’s written response that must be laid before Parliament within three months of the report’s publication. After considering them, the decision would rest with hon. Members in this House and noble Lords in the other place on whether to make further inquiries on the subject using the mechanisms available.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Response to reports

[Daniel Zeichner]

I beg to move amendment 3, in clause 3, page 2, line 27, at end insert—

“(4) A Minister of the Crown must make a motion in each House of Parliament in relation to each response to a report from the Animal Sentience Committee laid before Parliament under paragraph (1).”.

This amendment would require the Minister to give an oral response to Animal Sentience Committee reports, creating an opportunity for parliamentary scrutiny of report recommendations and the Government’s response.

Clause 3 requires the Secretary of State to lay a response to reports produced by the Animal Sentience Committee before Parliament within three months of a report’s publication, as the Minister has outlined. We absolutely accept that it is right that the Secretary of State should be tasked with that responsibility. The reports will consider, as laid out in clause 2(2),

“whether, or to what extent, the government is having, or has had, all due regard to the ways in which the policy might have an adverse effect”—

despite our attempts—

“on the welfare of animals as sentient beings.”

The committee may, therefore, criticise the Government’s policy-making processes. I noticed that the Minister acknowledged the possibility that the Government could be criticised in some circumstances, and I welcome that possibility. The committee could applaud the Government, or provide recommendations for improvements.

It is right that the Secretary of State responds to the findings. Where shortcomings have been identified, the Government absolutely should explain what went wrong; where there are recommendations, the Government must inform the House of their response. However, those of us who have been here a little while know how the House works. There are many opportunities for things to be made not exactly immediately obvious to the wider world, or even to Members of the House.

I have not been in Parliament that long, but I remember consideration of the Agriculture Bill. There was a lengthy discussion on the food security report. The matter went to the House of Lords. There was an argument about when the report should be produced—every three years, or annually, or every five years, and all the rest of it. Lo and behold, the Government produced that report on the very last day that they were permitted to do so, just before Christmas—as Governments do, of course—when people were rushing to get their planes and trains. It was a massive report of 300 pages, and obviously there was little opportunity just before Christmas for the wider world to consider it properly. What were the opportunities to consider that report? We found that it took a Westminster Hall debate, with a Minister reluctantly responding to criticisms at the end of the debate. The fact that the Secretary of State said one thing on one occasion and the Minister, when challenged, said something else, shows that there was not really any great opportunity for scrutiny.

This is a governance question. We know that, in the real world, a lot of this does not work. Given that some of the responses will be written, we know that there will not be much opportunity for scrutiny. We in the Opposition think that animal welfare and the humane treatment of animals is too important to fall into that trap and we think that, without an opportunity for the House to properly scrutinise and discuss reports, the Committee’s findings will simply not be given the attention they merit.

The amendment would require a Minister to make a motion in both Houses of Parliament, which would provide a genuine opportunity for parliamentary scrutiny. For the committee to have any heft, the Government cannot simply disregard its reports if they are politically or otherwise inconvenient. We think that it is right that “all due regard” be given to a range of factors and that the Government must explain how they have weighed up the competing demands.

We fully acknowledge that there are competing demands. This is not simple stuff. We also absolutely accept that the Bill does not change any existing legislation; it simply specifies that the Government must give “all due regard” to the ways in which policy may impact the welfare of animals. What we have heard from the discussions in the other place, and on Second Reading, is that that is open to a considerable amount of interpretation. It is right that both Houses debate and discuss the extent to which they believe “all due regard” has been met. I would think the Government would welcome the amendment, since it would actually give them further opportunity on their media grid to drip out some good news stories about the wonderful things they are doing. Actually, we think the opposite is the case. We do not think they want genuine scrutiny. The amendment could attract some interesting cross-party support as we goes forward.

[Grahame Morris]

My hon. Friend is making an excellent point, Mr Walker. I believe, Sir Charles, that you were part of the Procedure Committee which created opportunities for Commons Select Committees to make statements and answer questions in the House, which is a welcome development. The amendment is sensible, as are all of the suggestions from the Opposition Front Bench. I hope the Minister will give it sympathetic consideration; I think there is a lot to commend it.

[Daniel Zeichner]

I am grateful to my hon. Friend. By definition, all Opposition Front-Bench amendments are sensible—I will tell you the ones that are not later. My hon. Friend, too, brings great experience on this, and he makes an important point. Those of us who have gradually begun to understand parliamentary procedure over the process of being here know that he is right; proper consideration of Select Committee reports in the Chamber does make a real difference. That is what we are trying to get at with the amendment.

I hope, despite the nature of this debate, that Ministers will go away and think about this point. We have noticed that there are very real differences of opinion on the Conservative Benches on this issue. I think the amendment would give voice to some of the staunch critics of the Bill. I do not think some of them understand it entirely, but I think it might settle some of their concerns if they knew they had the opportunity to raise them in this way. As the Better Deal for Animals coalition said in their briefing to parliamentarians:

“Criticisms of the Bill during its passage to date appear to have been based on a misunderstanding of the role of the Animal Sentience Committee.”

Members will be surprised to hear that I am on the side of the Minister on this point, because I agree that it should be reiterated that the new Committee will not have the power to amend or bring about new legislation. It cannot compel the Government to take any particular course of action. I understand the points the Minister is making, and I am not sure that everyone who has taken part in this debate has fully appreciated that.

The amendment would provide an opportunity for Members of both Houses to provide input and scrutinise the Government’s success in weighing up competing demands and, crucially, their success in considering the sentience of animals. For the Bill to have any real impact, we believe that Members must have a proper opportunity to scrutinise the Government’s response to the Animal Sentience Committee’s reports. Going back to my opening points, this could so easily be just another committee. Unless it has power, it will not work, and that would mean that sentience had not been carried across in the way that many people believed it to have been.

The amendment would only strengthen and further the claimed aims of the Bill. If the Government oppose it, I have to say that they will reveal their true intent.

[Jo Churchill]

I thank the hon. Member for Cambridge for raising the matter of responses to the Animal Sentience Committee report with the amendment. I agree that the committee’s report warrants parliamentary attention. That is why Ministers will be required to lay a written response before Parliament within three months of a report’s publication. This is central to the targeted, timely and proportionate mechanism we are seeking to establish. However, the hon. Member will not be surprised to hear that I do not believe it would be proportionate to clog up the parliamentary timetable with an automatic debate on every single report.

Hon. Members and noble Lords in the other place should decide for themselves the extent to which each report needs more discussion. They will have the usual means at their disposal to bring in Ministers to answer questions: parliamentary questions, Select Committee hearings, Westminster Hall debates and business questions. The EFRA Committee, when looking at this particular subject, asked my noble Friend Lord Benyon to come in front of it, in order to probe him more. We should also allow for the possibility that the committee, in some of its reports, may be satisfied that the Department in question has had all due regard to animal welfare and as such makes no recommendations. I am sure that Ministers would be delighted, as the hon. Member for Cambridge slightly alluded to, to have the platform to speak about such success on the Floor of the House, but I gently say that that is not the best use of parliamentary time.

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[Daniel Zeichner]

That was pretty much the answer I expected, but I gently observe that, in a couple of years’ time, when the position is reversed, I suspect the Minister might not think that it clogs up the parliamentary timetable to challenge the Government.

Question put, That the amendment be made.

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[Jo Churchill]

The clause sets out the territorial extent and the commencement provisions for the Bill following Royal Assent. Clause 2(6) provides that the Animal Sentience Committee may only issue reports on policy decisions of the UK Government. That means that the committee may issue a report on any policy for which UK Government Ministers are responsible. The committee cannot issue a report on any policy that relates to a legislative provision falling within a devolved competence. Animal welfare policy is devolved. The Bill’s provisions will come into force on such days as the Secretary of State may, by regulations made by statutory instrument, appoint.

Question put and agreed to.

Clause 6, as amended, accordingly ordered to stand part of the Bill.

New Clause 1

Duty to prepare an Animal Sentience Strategy

“(1) The Secretary of State must prepare an Animal Sentience Strategy.

(2) The Strategy under paragraph (1) must set out how Her Majesty’s Government plans to have regard to animal sentience including plans to—

(a) respond to Animal Sentience Committee reports,

(b) require animal welfare impact assessments, and

(c) commission independent research.

(3) The Strategy must set out policies that the Secretary of State may ask the Animal Sentience Committee to review.

(4) The Secretary of State must publish an annual statement on progress on the Animal Sentience Strategy.

(5) An annual statement under subsection (4) must include a summary of changes in policy or implementation that have occurred in response to an Animal Sentience Committee report over the last 12 months.

(6) A Minister of the Crown must make a motion in each House of Parliament in relation to the annual statement.

(7) The Secretary of State must publish a revised Animal Sentience Strategy at the start of each parliament.”—(Daniel Zeichner.)

This new clause would place a duty on the Secretary of State to produce an animal sentience strategy, and to provide an annual update to Parliament on progress against it.

Brought up, and read the First time.

[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

The new clause is tabled in my name and those of many of my colleagues. In many ways, I will go back to where I started, by referring to the comments by my colleague in the other place, Baroness Hayman. She explained very lucidly that the Bill in its current form provides

“a weaker set of responsibilities”

than provided for in EU law and

“effectively outsources the bulk of animal sentience responsibility to the committee, which can make recommendations to decision-makers but sits outside the decision-making process.”—[Official Report, House of Lords, 6 July 2021; Vol. 813, c. GC285.]

That is an important point, which we have already referenced, and I believe that it should be heard loud and clear—put up in lights, in fact. The Conservatives have weakened the law on animal sentience. [Interruption.] They may not like it, but it is the truth.

Now, there is a solution—there is salvation, and I am going to offer it. The amendment tabled by Labour in the other place goes some way towards rectifying that problem. Again, as Baroness Hayman explained,

“Article 13 imposed a direct legal obligation on the EU and its member states to pay full regard to animal sentience. It was a direct responsibility on decision-makers, in the form of government Ministers.”—[Official Report, House of Lords, 6 July 2021; Vol. 813, c. GC284.]

I have already described how the Bill is weakened by the requirement for the Secretary of State to provide written responses to Animal Sentience Committee reports rather than oral responses. The Government chose not to take that opportunity.

The Bill places indirect responsibilities on Ministers; they must simply establish and maintain a committee and lay written responses, rather than assuming direct responsibilities on these matters, which is what we would like to see. This is clearly an inadequate replacement for the duties and responsibilities enshrined in article 13 of the treaty on the functioning of the European Union, and that is what we seek to address through the new clause.

The new clause would place a duty on the Secretary of State to produce an animal sentience strategy and to provide annual updates to Parliament on progress against it. It would significantly improve the Bill by increasing the heft given to the Animal Sentience Committee and ensuring that its work does not, as I fear it might, end up being merely symbolic.

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[Jo Churchill]

I say gently to the hon. Gentleman, whom I thank for proposing new clause 1, that while I agree that the Bill should be science-led, he will not be surprised that I disagree entirely that we are watering down anything. Given that we are robustly discussing animal sentience, how seriously the issue is taken in this place could not be plainer to the outside word.

I understand why the hon. Gentleman might want to require the Secretary of State to publish an animal sentience strategy and undertake the actions associated with it, but the Bill underpins the action plan for animal welfare published in May last year. Of course the Government want the new committee to perform its role to the best of its ability, and we will work with Members to ensure that it does just that, but the independence of that committee is vital. A strategy in which Ministers set out policies that they want the committee to consider would limit its ability to set its own agenda. It is vital to make sure that the committee is led by science and by experts, and that it has its own ability to define sentience, if it wishes to, and to set its own agenda.

The committee’s reports will be publicly available and will provide a record of policies that it has considered. As is usual, the committee will be subject to the Freedom of Information Act and the Public Records Act, as laid out in clause 4. Rather than prescribe a list of tasks for the committee, we want to ensure that it can shape its role in an independent manner, and that its influence in highlighting the impact on animal welfare of key policy decisions is maximised and determined by its own evaluation of where it could add value. DEFRA will support the committee in identifying such opportunities, but it is important that experts have that scope.

We do not propose to require Government Departments to produce animal welfare impact assessments, but my Department is committed to working with its counterparts across the Government to develop the right tools to assess the effect of policy decisions on animal welfare so that there is a cohesive look at that matter. Departments will have good reason to engage with the process as that will help to prevent the committee from producing negative reports, as well as aiding learning across the Government. The Bill as drafted, alongside the action plan for animal welfare, will achieve many of the intentions of the new clause while retaining the committee’s flexibility and discretion to focus on the areas that it deems most important.

[Daniel Zeichner]

I will respond briefly, as you would encourage me to do, Sir Charles.

I listened closely to the Minister’s response, and while I struggled with some of the civil service gobbledegook, I think she said that some of the things that we are looking to achieve will happen, which we welcome. In the end, however, I can come to no conclusion but that this is a weak proposition. I have asked the Minister three times why the Government did not choose to bring across the stronger version of the legislation—goodness me, they brought plenty of other legislation across—but that has not been explained, and there must be a reason. The Minister also has not been able to answer the question of where sentience currently stands, so the only conclusion we can come to is that the Bill needs to be beefed up and made much stronger. I can assure you, Sir Charles, that in a couple of years’ time, it will be.

Question put, That the clause be read a Second time.