Animal Welfare (Sentience) Bill [Lords]

Greg Smith Excerpts

Report stage
Monday 14th March 2022 Commons Chamber

[Tim Farron]

Yes. Often rivers can meet an acceptable standard but in reality not be healthy places, particularly as regards biodiversity and wildlife. The hon. Gentleman makes an extremely good point and makes the case as to why the increased scrutiny that the new clause would bring about is that much more important.

The ambition of the Environment Act, which was given Royal Assent last year, is open-ended. There are no meaningful targets or timescales to prevent water companies from dumping raw sewage into our rivers, harming fish and other animals. In 2020, water companies made £2.2 billion in profits. At the same time, as I said, they were dumping sewage in our waterways on 400,000 separate occasions. What kind of accountability is that? What kind of justice is that? What kind of impact is that having on our wildlife? The new clause would expose that.

Between 2018 and 2021, there were only 11 prosecutions of water companies for dumping sewage in our lakes and rivers. United Utilities, which serves Cumbria and the rest of the north-west, was responsible for seven out of the 10 longest sewage leaks in 2020, but, outrageously, was not fined even once. Despite the damage done to the ecology and animal life in rivers such as the Leven, Crake, Brathay, Kent, Lune, Sprint, Mint and Gowan, discharges are permitted either because Government will not stop them or because hardly any of the offenders are ever meaningfully prosecuted. The meres, tarns, waters and lakes of our lake district are all fed by rivers into which raw sewage can be legally dumped. I am particularly concerned about the ecology of Windermere and the failure to take sufficient action to protect the animal and plant life that is so dependent on England’s largest and most popular lake. The new clause would hold Government and water companies to account so that our wildlife and our biodiversity is protected.

New clause 6 addresses the impact of trade deals on the welfare of sentient animals. This country has concluded trade deals with Australia and New Zealand, and any scrutiny of those deals is now effectively meaningless because the Government have already signed them. Yet the impact on sentient animals will be enormous. Free trade is vital to liberty, prosperity and peace, but trade that is not fair is not free at all. These trade deals are not fair on animals and not fair on the British farmers who care for our animals. In Australia, for example, huge-scale ranch farming means the loss of many times more animals than in the UK because of the absence of the close husbandry that we find on British family farms. Some 40% of beef in Australia involves the use of hormones that are not allowed in the United Kingdom. Cattle can be transported in Australia for up to 48 hours in the heat without food or water. These are clearly lower animal welfare standards. By signing these deals without real scrutiny, the Government have endorsed that cruelty and enabled it to prosper at our farmers’ expense. Lower standards are cheaper, so these deals give a competitive advantage to imported animal products that have reached market with poorer animal welfare, thus undermining British farmers who practise higher animal welfare standards. That is why the new clause is important—because it seeks to hold Ministers to account and to limit how much they can get away with sacrificing the welfare of sentient animals at home and abroad in order to achieve a politically useful deal.

Despite this, this Bill has much to commend it. However, the new clauses would allow the Government to look the British people in the eye and say that they were prepared to take on powerful vested interests in order to protect animals and our wider environment. In seeking to press new clause 5 to a vote, I urge Members in all parts of the House not to take the side of the most powerful against those creatures that are the most defenceless.

[Greg Smith (Buckingham) (Con)]

I rise to speak in favour of amendment 2, tabled by my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown), and new clause 4, amendments 3 to 22, and new schedule 1, which are in my name.

From the outset, and for the avoidance of all doubt, I am not, through any of these amendments, arguing against animals being sentient or being able to feel pain. After all, the sentience of animals has long been recognised in UK law, as evidenced by animal welfare legislation passed over the course of nearly 200 years. The purpose of amendment 2 and the other amendments in my name is to help the Government to avoid the main dangers and unforeseen consequences posed by the undefined aspects of the creation of the new Animal Sentience Committee. Crucially, under the unamended version of the Bill, it remains unclear who will be on this committee and what direct powers it will have. The unamended Bill’s draft terms of reference seem to suggest that the committee could have a role in scrutinising the substance of policies and not just the processes that led to those decisions being made. The Secretary of State will have the final sign-off on the committee’s composition, but what mechanisms will be in place to ensure that it is made up of dispassionate and genuine scientific animal experts and not ideologically driven animal rights activists with political agendas?

The amendments would protect against the Bill clumsily becoming a Trojan horse for what I would consider an extreme agenda that the Government could live to regret in years to come. Indeed, passionate supporters of the committee’s creation have already talked publicly of its not excluding animal rights extremist groups such as PETA. My amendments, especially amendments 3, 10, 11, 12, 18 and 21, new clause 4 and new schedule 1, suggest some statutory structure for the committee, how appointments to it are to be made, and how it might operate. The amendments would clarify that the committee is concerned with the process by which current policy is being formulated and not with policy decisions taken or suggesting policy changes, whether proposing new policy or changes to existing policy.

The amendments would also help to address the question of the Bill’s retrospective effect. The current drafting, confirmed by the draft terms of reference, would allow the committee to report on past policy decisions. Without my amendments, there will be no limit to how far back the committee can look, which would, in practice, allow it to draw attention to policies that have already been decided and implemented, or are being implemented. I fear that in doing so, it could start to drive a policy agenda of its own. Far from ensuring that in the process of policy making all due regard is had to animal welfare, it could raise policy issues that are not under current consideration or have already been decided, or decisions made before Ministers were expected to take account of animal sentience.

The current draft terms provide little clarity, and there is little if anything binding on Ministers, whether current or future. To rely on terms of reference to provide detail in these areas is not desirable for a statutory body, as they are non-binding and can be changed at will without any parliamentary oversight.