Animal Welfare (Sentience) Bill [HL]

Earl of Caithness Excerpts

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

[Viscount Ridley (Con)]

My Lords, it is a pleasure to follow the noble Baroness and see her so loyally supporting my Government—and in the Lobbies as well, no doubt.

I shall add a point to the amendment moved by the noble Lord, Lord Trees, and, in reference to the point made by the noble Baroness, Lady Mallalieu, emphasise the question of the terms of reference and what they do to complicate the work of the committee. By the way, the chairman of this committee is supposed to spend 20 days a year on this, yet he has to look at all past policies, all future policies and all present policies in all aspects of government. That will be quite hard work for him.

The terms of reference note that the committee may seek outside input, including from “stakeholders amongst others”. If the committee is looking at process—a point that the noble Lord, Lord Trees, made—rather than policy, why consult stakeholders? Similarly, the terms of reference suggest that the committee

“may wish to prioritise policies … which are more significant in terms of Parliamentary, Departmental, Stakeholder or public interest”.

Is this about ensuring that all due regard is had to animal welfare in the process of reaching policy decisions or about the issues and decisions themselves? Will the committee focus on animal welfare issues that are of high profile as a result of campaigning by interest groups, which does not seem to have been the original intention?

The terms of reference refer to it being

“beneficial for UK Government Departments to seek advice from the Committee to assist them in understanding the effects of particular policies on the welfare of animals”.

It seems from wording like this that the committee will look not simply at process but at the policy itself that is under consideration. I hope that my noble friend will address this point, as it seems to be an issue of mission creep that we need to understand.

[The Earl of Caithness (Con)]

My Lords, I have two amendments in this group but, before I turn to them, I congratulate my noble friend on his announcement last week with regard to soil. It was a significant step forward by Her Majesty’s Government, and one that is wholly welcomed by those concerned about our farming in this country and our ability to grow crops. I thank my noble friend very much for what he did last week and for his letter on it.

I turn to the Bill in front of us, to which I have tabled two amendments. Amendment 15 basically copies that of the noble Baroness, Lady Mallalieu, who has just spoken, but it also has a second part to it, which is trying to be helpful to my noble friend to get him out of this particular problem. The problem is the retrospective nature of the legislation. In the terms of reference and accompanying letter, we are told that Defra expects the committee to produce between six and eight reports a year. I asked what the likely policy issues of Defra were that the committee would look at—to which the answer inevitably came back that it was up to the committee and not to Defra. However, I cannot believe that the committee will be kept busy looking at future policy of Defra; it is supposed to look across government, but the rest of the departments have to take absolutely no notice of the committee, because the Government merely “hope” that the rest of departments will pay attention to the committee. That is a positive step.

My Amendment 18 would allow the Bill to go through as it is worded but with the condition that, if there is going to be a retrospective report on policy that has already been implemented, the committee merely needs the written consent of the Secretary of State. That, surely, is a sensible way forward. It encourages the committee to look forward and not back and stops it from going on wild fishing trips into past, established policy to try to meet its target of six to eight reports a year. So the amendment is formulated in the hope that it will allow my noble friend to make a tweak to the Bill that will achieve the same result but with a little bit more sense to it.