Animal Welfare (Sentience) Bill [Lords]

Jonathan Djanogly Excerpts

2nd reading
Tuesday 18th January 2022 Commons Chamber

[George Eustice]

The Bill does include birds, since they are vertebrates, and it includes fish, since they are vertebrates. I point out that those particular animals have been recognised in our law as sentient since at least 1911.

I want to be clear about what the Bill does and does not do. While its aim is to improve the policy and decision-making processes of Government, the committee’s reports will not bind Ministers to any particular course of action. Ministers will remain free to determine the right balance between animal welfare and other important considerations.

Devolved matters are also excluded from the Bill’s provisions. The Scottish Government have their own counterpart to the Animal Sentience Committee already, while Wales and Northern Ireland have the powers to establish equivalent bodies, should they wish to do so.

It is also important to understand that the Bill tasks the Animal Sentience Committee with scrutinising the process by which Ministers arrive at policy decisions. It is not there to tell Ministers what decisions they should make or to critique those decisions. Instead, it is there to provide technical assessments of how well a given Department obtained and assessed relevant evidence on the animal welfare effects of the policy in question.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

On that point, can my right hon. Friend say whether he has assessed the possibility of judicial review arising as a result of that assessment process?

[George Eustice]

As I said, we do not believe that the Bill creates a cause of action for judicial review, for the simple reason that the obligation on a Minister is to respond to the report within three months, and that response can deal with any recommendation or observation put forward by the committee.

--- Later in debate ---

[Mr Jonathan Djanogly (Huntingdon) (Con)]

When I looked at the Bill, I tried first, as I do with any Bill, to work out its purpose and who or what it is trying to assist. I must say that I am still far from having the answer to either question. Actually, the more I look at the Bill, listen to experts and read the record of proceedings in the other place, the more confused I am about what we are trying to do.

While everyone knows what animal welfare is and values what the Bill is intended to do, nothing in it, and no one, can either define animal sentience or say how it is measured. As a result, the phrase becomes a kind of forerunner of what science may, but does not yet, tell us. The Bill is effectively a statement of direction, but does not quite know where to start or where it will finish. It does not define animal sentience, so Ministers will have no gauge to work against. As a result, we legislators are in effect being asked to vote blind on it. The new committee will accordingly have to make things up as it goes along.

At the same time, various lobbyists will push the committee towards reviewing everything that they see as being important to their various causes. If the committee does not produce many—or enough—reports, it will be attacked for inaction. However, if it produces too many reports, it will be attacked for exercising power without democratic oversight or care for costs or whatever. If the Government fail to act on the committee’s views, they will be attacked for inaction, or possibly judicially reviewed. If they do act on them, people could claim that such proposals should come from those who are democratically elected, rather than from an unanswerable committee, or they could say that the Government are using the committee as a stalking horse to avoid taking the blame for proposals that they might think look a bit unpopular. In effect, whichever way one looks at the proposals, they are fraught with problems on every side. One has to wonder why we are doing this. What is there to gain from the Bill other than some short-term, soft publicity because it is somehow about being nice to animals?

Of course, as was mentioned in the other place, in reality, the Bill is not just about public relations, because those involved in minority areas of activity in our national life are realising that it could easily be used against them. Yes, I did see the assurances that the Government gave in the other place that the Bill would not attack the Jewish and Muslim religious animal slaughter practices of shechita and halal, and blatantly yes, the Bill makes no direct attack on those practices, but it does open up indirect lines of attack that could easily be used to prejudice or damage those minority religious practices. Importantly, as was explained clearly by my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown), the Bill has no exemptions on the grounds of religious rights, cultural traditions and regional heritage, although those exemptions were included in the equivalent EU legislation. That should be corrected; I will be with him on that.

If the new committee were, for instance, to come up with regular reports against non-stunning slaughter practices, the pressure for change would quickly switch to Ministers. I would defend those religious practices, although that is not today’s debate. However, it is relevant to argue that any such changes should be formulated and debated by Ministers and then Parliament, not the new committee. If science does eventually tell us what sentience means and how it can be measured, and if all animal welfare will need to be improved as a result, why farm that out to a committee rather than deal with it directly? The committee will be appointed by the Ministers of the day, and let us acknowledge that the Ministers whom we politically support today will not be there on a change of Government. For that matter, if there is to be a committee, why does it have to be set up by statute if it will have no executive powers?

I was very surprised by the unwillingness of Ministers to engage on this issue or accept amendments in the other place, despite the Bill being hugely contentious. I hope that attitude will now change. There seems to be a lack of focus on what the committee will do, and the possible implications. It seems that it will have a full roving remit across Whitehall, although how it would interact with Departments is vague, as is how it would interact with the existing animal welfare machinery, specifically the animal welfare committee. We do not know. Why not make this new committee part of the animal welfare committee?

As chairman of the British Shooting Sports Council and a Member with a rural constituency, I have been approached by many to voice their concerns that the Bill is being used as a smokescreen to enable attacks on farming practices and wildlife management processes, as well as field sports. In the last few years, for instance, the lobby against game shooting has become increasingly litigious and now regularly uses judicial review to query a wide range of shooting issues, such as where game shooting can take place and what can be shot using general licences. The idea that such people will not attempt judicial review of decisions taken by Ministers on the back of the new committee’s findings is, frankly, unrealistic.

I predict that the Bill will: complicate many rural activities; add complexity and require legal opinions and court appearances; and add cost and bureaucracy. Despite the Bill being welcomed by the Opposition, it is, to my mind, a poor piece of legislation.