Animal Welfare (Sentience) Bill [HL]

Lord Benyon Excerpts

Committee stage
Tuesday 20th July 2021 Grand Committee

[Baroness Deech (CB) [V]]

One of the worst things in this Bill, with its miasma of uncertainty, is its retrospective effect. Along with others, this amendment is designed to cure this defect. We have to stop the committee considering, let alone making suggestions to change, policies that were established in the past, that are currently being lawfully implemented and on which people base their livelihoods, food and sporting pursuits.

As it stands, the Bill would allow the committee to reopen of its own volition policies that have been in place for perhaps a century, as some of our animal welfare laws have. It could make recommendations designed to undermine the use of animals in medical research, the practice of killing animals according to Jewish law and country sports, already hedged about with qualifications and reached by consensus a long time ago. We might accept that this committee, expert or not, will consider future proposals, but we cannot let it loose on the established law.

I say this not wholly as an advocate of the positions I have mentioned but as a reminder that retrospective legislation and changes of policy are to be assumed to be a bad thing. They may undermine settled patterns of life and livelihood, taking away certainty of freedom from criminal and civil prosecution. We cannot allow this committee to propose legislation to take away the validity of decisions made in the past and in good faith by people relying on the law as it was. In the case of the traditional Jewish way of killing animals for food, it has been permissible ever since the Jewish return to England some 350 years ago and it is established policy under UK regulations to permit it, as it was under EU legislation—although not that it could be relied on, as I explained in my last speech on this when I pointed out that the European Court of Justice allowed the Belgian prohibition of Jewish non-stunning methods.

As a legal situation, at common law, there is a presumption against retrospectivity. Article 7 of the Human Rights Act prohibits arbitrary prosecution, conviction and punishment. At common law, there is also a presumption against interference with vested interests. A leading judgment on this was in the case of Wilson v Secretary of State for Trade and Industry in 2003; one of the judges in that case, my noble and learned friend Lord Hope, is happily still with us. The judgment explained that there is a powerful presumption against statutes changing the substantive law in relation to events in the past; this is precisely what could happen if the powers of this new committee are not curbed.

There is also a presumption against legislation affecting vested rights unless Parliament is expressly making a new start for the future. So, on the one hand, recommendations by this new committee to change existing practices would be a waste of time in that, if they were acted on, they would be contrary to the rule of law; on the other hand, the Bill would accord better with human rights and the rule of law by making it express that its actions must be confined to future policy.

I hope that this amendment will be supported by the Government; otherwise, I can see legal action looming ahead on the horizon. This also applies to Amendments 18, 21, 23 and 29, all of which I support.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the conspiracy theorists among you will wonder whether the insufferable heat in this Room is a plot by me to speed up events.

[Noble Lords]

Oh!

[Lord Benyon (Con)]

However, I can assure noble Lords that that is not how I operate. I am looking forward to lengthy discussions this afternoon.

I thank my noble friend Lord Trenchard for his Amendment 17, with which I will take Amendments 18, 23 and 29 in the name of my noble friend Lord Howard of Rising. I agree that we would gain little from a committee that devotes its energies to reopening old debates. We want a committee that improves the policy decision-making and implementation process now and in future.

However, policy is not a static thing. This afternoon, we have heard descriptions of policies that go back centuries. Policy is always being reassessed, reinterpreted and, above all, implemented. It would be difficult to pin down a working definition of established policy, particularly in statute, that does not shut the committee out of a number of areas where its scrutiny would be most valuable.

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[Lord Bellingham (Con)]

My Lords, I have a quick question to ask the Minister. The cost of the committee will be very substantial indeed, with its wide-ranging remit across all government. If these amendments are passed, can he tell us exactly what would be saved in the costs of running the committee?

[Lord Benyon (Con)]

I am sorry, but I did not quite hear the last part of the question. I wonder whether my noble friend could repeat it.

[Lord Bellingham (Con)]

Yes, indeed. If these amendments are passed, they will obviously greatly restrict the remit of the committee in what I think would be a very wise manner. Can my noble friend give this Committee some indication as to what would be saved in the costs of running the committee?

[Lord Benyon (Con)]

I understand the question and apologise for missing it first time. No, I cannot give my noble friend that assurance, because the work programme and what the committee would look at will change from year to year as developing evidence about animal welfare takes it down different priority routes. The amendments would obviously quite dramatically restrict the ability of the committee to influence government policy, but I cannot put a monetary value on that. It would be part of the economic impact assessment, which would have to take place at a different stage in this process.

[The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)]

I have also received a request to speak after the Minister from the noble Lord, Lord Hamilton of Epsom.

[Lord Hamilton of Epsom (Con)]

I want to follow up on the comments from the noble Baroness, Lady Deech, about ritual slaughter. We have been reading in the newspapers that, if this Bill becomes an Act of Parliament, it will become illegal to drop lobsters into boiling water to kill them. Is that one aspect of the thinking behind what the Government are doing? If that is the case, where does it leave pigs being slaughtered? They are highly intelligent animals and with a very high sense of smell. One might say that the slaughter of pigs does serious damage to them and to their feelings. I would just like to know where the Minister stands on this.

[Lord Benyon (Con)]

If my noble friend is referring to the article that I read at the weekend, it was full of inaccuracies and hyperbole, which is not what this Bill is about. At a later stage in this afternoon’s proceedings, we shall move on to talk about decapods and cephalopods. In relation to the amendments concerned, if the government Minister in the future felt obliged to include some of those species within the terms of the Bill, they could be looked at by the committee, which could advise a future Minister what they could or should be doing in terms of how different animals are treated at end of life. However, my noble friend is absolutely right to point out that there are gradations in unpleasantness involved for the animal, whether it is a pig or a lobster. The point is that the Bill does not dictate how a lobster is killed at the time of cooking or how a pig is killed at the time of slaughter. This is about informing policy using experts who can guide a Minister to take the right position. But that Minister, when considering all the factors that my noble friend mentioned, can take into account other matters, such as the value of sustainably produced seafood in a diet or the importance of the rural economy or the Government’s balance of payments in terms of rearing pigs. This Bill does not affect that, and so my noble friend can be quite relaxed about his concerns.

[Viscount Trenchard (Con)]

My Lords, I thank all noble Lords who have contributed to this debate, and I am heartened that both my Amendment 17 and the other amendments in the group, tabled by my noble friend Lord Howard, have received such unqualified support.

I totally understand my noble friend the Minister’s response that legislation does not stand still, and it is of course reasonable that, where the Government propose a new policy that requires changes to existing legislation, the committee or the Animal Welfare Committee might be tasked with looking at how the policy impacted on the welfare of animals, including having regard to their sentience, which any look at animal welfare automatically does anyway. Nevertheless, I find his answer unconvincing because I think that there is a real danger, especially since we know nothing about any requirements for the composition of the committee, that a huge amount of public time and public money would be spent looking at all past legislation that affects animal welfare. I worry that this would be counterproductive.

However, having heard my noble friend’s response, I will at least for now withdraw my amendment.

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[Baroness Hayman of Ullock (Lab)]

In this group, I support Amendment 46 in the name of my noble friend Lady Young, to which I have added my name. This is a fairly straightforward amendment designed to enable the animal sentience committee to submit annual reports to both Houses of Parliament. I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Bakewell of Hardington Mandeville, for their support. The amendment would ensure transparency and oversight of the work of the committee.

Coming to the points raised by the noble Earl, Lord Caithness—I thank him for his introduction to his amendment—he referred to the three points in subsection (2) of the proposed new clause in our Amendment 46. The first is

“a statement of the policies on which the Committee has reported”,

which I cannot imagine anyone would object to, as we need to know what the committee has been looking at. Then there is

“an overview of the implementation of animal sentience requirements”,

which is the part the noble Earl raised.

The reason for this provision is that I have often seen in pieces of animal welfare legislation, covering wildlife crime, for example, that legislation is brought forward in good faith but then not enacted. It does not get enforced and is not implemented properly. Often, that legislation does not work to deliver what it was designed to deliver. We want to have oversight of that and to ensure that other government departments co-operate with the committee in the way that is expected. That is the purpose behind it and I hope I have explained it to the noble Earl. Lastly, there is

“a statement of the other activities”.

I am aware that the noble Viscount, Lord Trenchard, took exception to that, but we think it is important that we get proper oversight of everything that the committee is currently expected to look at.

Just before I finish on these, the noble Earl, Lord Caithness, introduced his Amendment 38. I agree with the noble Baroness, Lady Bakewell of Hardington Mandeville, that it could bring in unnecessary bureaucracy. However, there are clearly important questions that he has asked the Minister to consider.

I support Amendment 20, in the name of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Fookes, which would provide that the committee “must” produce a report when any government policy is formulated or implemented. Again, I agree with the noble Baroness, Lady Jones of Moulsecoomb, that we need a strong, broad-based committee that looks at everything in the round. We have talked about this before: the remit and the focus are of such importance that we all know exactly what is expected from the committee once it starts working.

I also support Amendments 27 and 41, in the names of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Fookes, and the noble Lord, Lord Trees. I thank the noble Lord for introducing that amendment clearly. Again, this is all about proper reporting, which will be critical.

On Amendment 44, in the name of the noble Lord, Lord Mancroft, we agree with the noble Baroness, Lady Bakewell of Hardington Mandeville, that this does not necessarily need to be in the Bill. But in introducing his amendment, the noble Lord asked some important questions that need to be considered as we move forward.

Finally, Amendments 21 and 22, tabled in the names of the noble Lords, Lord Forsyth of Drumlean and Lord Etherton, and the noble Viscount, Lord Trenchard, were introduced today by the noble Viscount. We believe that these amendments are unhelpful. Amendment 21 amounts to a significant weakening of the animal sentience committee because of the way it restricts the committee’s work. By not being able to report on existing government policy, it rows back from the original vision of a body that is free to consider sentience questions right across the range of government policy. I know a number of noble Lords do not think this is necessary, but we think it is very important.

We also think it is important that the initial vision is retained in the Bill so that the animal sentience committee can make a positive contribution to policy-making. It can best do that as a public body that provides expert input to inform complex policy questions that touch on the welfare of animals as sentient beings. As we and the Minister have said, this is not about the committee making policy; it is about the committee informing, answering questions, passing comment and being there as a critical friend, if you like, for policy decision-making in this area.

If we erect arbitrary barriers to that expert advice, it will impoverish the policy process. We should not make laws that prevent Ministers accessing knowledge that could improve their decision-making. The noble Baroness, Lady Bakewell of Hardington Mandeville, mentioned the Scottish Animal Welfare Commission, which we know is carrying out this important work. It is an interesting example of what could be achieved if we move forward with the Bill as proposed. As the Minister said on the first day of Committee:

“In our manifesto, this Government as a whole committed to the introduction of new laws on sentience, with no suggestion of carve-outs or exemptions.”—[Official Report, 6/7/21; col. GC 288.]


We strongly support him in that ambition.

As we heard, Amendment 22 would require permission to be received from the Defra Secretary of State before a report could be prepared. We believe this would also significantly weaken the committee and reduce it from being a body that is free to consider sentience questions across government policy to basically a Defra scrutiny committee, which would then scrutinise only with the Secretary of State’s permission. We therefore cannot support the amendment.

This has been a really interesting discussion on this group. It has been good to hear all the different contributions from noble Lords. I now look forward to hearing the Minister’s contribution.

[Lord Benyon (Con)]

I entirely agree: this has been a really interesting discussion.

I thank the noble Baroness, Lady Jones of Moulsecoomb, for her Amendment 20, which would place a legal duty to publish reports on the animal sentience committee. This Bill makes provision to empower the committee to scrutinise Ministers’ policy formulation and implementation decisions with a view to publishing reports containing its views on whether Ministers have paid “all due regard” to the welfare needs of animals as sentient beings. When the committee publishes a report, this will trigger the accountability mechanism to ensure Ministers respond formally to Parliament. The committee will be able to issue reports on central government policy decisions, without exception. This includes past policies as well as policies in the process of being formulated.

Naturally, the committee will not be able to scrutinise every single policy-making decision. This would be an impossible undertaking for a single committee, so we will support the committee to identify and prioritise areas where it can have the most important impact. I am sure your Lordships would agree that the committee should focus on policies where it can add the most value.

As the experts, it is ultimately for the committee to decide how best to use its time. We therefore do not want to prescribe what it must do any further in statute, beyond the powers given to the committee in the Bill. We want to give the committee flexibility to work in a way that best suits its priorities. For example, the committee may decide to issue advice and input as a policy is being formulated. We will support the committee in identifying opportunities for this. I assure the noble Baroness that the committee will have a work plan that will be made publicly available. We think it best for the committee, as the experts, to decide what it chooses to look at.

We will, of course, work closely with the committee, which will have a dedicated secretariat to support its work. We want to ensure that the committee is appropriately resourced with sufficient membership and administrative support to make an impact and scrutinise the most important decisions but is not so large as to become unmanageable or overbearing. Your Lordships tried to pin me down on this when the Committee last met. I am happy to give a little more clarification. As has been said, your Lordships can look at the Scottish Animal Welfare Commission, with its 12 members and a proportionate dedicated secretariat, as a rough indication of the scale that we are looking at.

I offer my reassurances to the noble Baroness that it is very much intended that the committee will publish reports on how Ministers have paid “all due regard” to the welfare needs of animals as sentient beings. This will be a key tool in embedding consideration of animal welfare into the policy decision-making process.

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[Lord Robathan (Con)]

I am moved to intervene briefly because the noble Baroness, Lady Jones, said that the people want it—I think I quote her exactly. I think the people want animals to be well treated; I think that everyone in this Room wants them to be well treated, and we have pretty good legislation that already protects animals, both domestic and wild, from unnecessary cruelty and ill treatment. However, in my 23 years in the House of Commons—I know that the noble Baroness represented people in the London Assembly—I can certainly say that nobody mentioned animal sentience. They mentioned lots of animal welfare issues, but nobody mentioned animal sentience. I think they were about as concerned about animal sentience as about the divine right of kings, which the noble Baroness also mentioned. Although the noble Baroness cannot intervene, perhaps my noble friend the Minister might say how many people came to him when he was an MP and said they wanted an animal sentience Bill.

[Lord Benyon (Con)]

Quite a lot actually.

[Noble Lords]

Oh!

[Lord Benyon (Con)]

I will explain why. My noble friend was—as the previous Speaker used to say—a great denizen of the House of Commons for many years, as he rightly reminds us. But, sadly, he was not there when the Government of the day decided, for reasons that have always been slightly obscure to me, not to include the provisions of Article 13 in the legislation that took us out of the European Union. Those of us who were there found a tsunami of emails and letters from people who may not have understood the most detailed aspects of animal sentience but were very concerned that the Government were not reflecting their views. This resulted in rather a lot of mid-air turbulence in trying to get to this point. Without baring the soul of the discussions over that time, I respectfully correct my noble friend to say that this was something people were very concerned about in the much wider sense of where animal sentience and animal welfare combine.

[Lord Robathan (Con)]

Perhaps my noble friend might list the constituents who wrote to him.

[The Earl of Caithness (Con)]

My Lords, I am grateful to the Minister for his very full reply. He did comment on my amendment; I will have to read what he said in the Official Report, but towards the end, he said quite rightly that the remit of the animal sentience committee was across Whitehall. That includes the devolved Administrations. The Scottish Animal Welfare Commission was set up specifically to look at how the welfare needs of sentient animals are being met by devolved policy. I am now unclear—perhaps my noble friend could help me—about how much of sentience is devolved and what exactly the committee will be able to do in the devolved countries. Will it be able to go to the Scotland Office and thus up to Holyrood, look at its policy and tell Scotland that it has to change its ways? I am not quite certain how this will work in practice. As this is Committee, it is an ideal time for my noble friend to explain the Bill a bit more to us.

[Lord Benyon (Con)]

I am grateful to my noble friend, and I hope to be able to reassure him. The job of the animal sentience committee will not be to walk into Holyrood and instruct our friends in Scotland how they should deal with animal sentience. It is a committee based around the UK Government that, as he rightly says, covers Scotland, but these matters are devolved issues—animal welfare is a devolved issue. But, on these small islands, it would be absurd if we were not working closely across borders with the devolved Administrations to make sure that our animal welfare laws broadly align. We have livestock bred in one country and slaughtered in another, or bred in one country and fattened in another. We have other activities, such as fishing and all forms of animal welfare, which require a cross-border understanding.

The Animal Welfare Committee’s remit is right across the country. The animal sentience committee will be restricted to the UK Government and will work with the devolved Administrations to make sure that the policies it is commenting on are properly managed in respect of the department to which it is making its report.

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[The Deputy Chairman of Committees (Lord Lexden) (Con)]

The noble Lord, Lord Howard of Rising, has withdrawn so I call the noble Lord, Lord Benyon.

[Lord Benyon (Con)]

I thank my noble friend Lord Moylan for his Amendments 28 and 42. Members of the animal sentience committee will be appointed through a rigorous procedure of fair and open competition. As I have said previously, the committee will be comprised of experts who will be best placed to decide what the committee’s priorities should be, although they will of course be able to consult others.

Peer-reviewed evidence from academic journals will have a role in informing the committee’s work. While we do not propose to dictate to the committee how it should set out its reports, it is usual for expert committees such as this to present well-reasoned reports that show their working. The Scottish Animal Welfare Commission, for example, publishes its reports online and includes its reasoning and references. However, I do not believe that it is necessary for the committee’s reports themselves to be published in academic journals. To require the committee’s recommendations to undergo a full academic peer-review process would be impractical and inappropriate, and would risk creating a process that would slow down the publication of the committee’s views and delay the opportunity for Parliament to hold Ministers to account.

It is key that the committee should be able to advise on policies while they are being developed. This amendment would severely compromise its role. The committee will publish reports, so it will naturally have an open way of working. I believe that this will provide transparency about its work. If a Minister felt that a report of the committee identified a need for further evidence or assessment, they would be free to highlight this in their response to the report.

Nothing would please me more than to spend time talking about the philosophy behind what we are talking about. We could even, if we had time, discuss Descartes’ Meditations on First Philosophy, in which he said that animals possess life

“nobler than any merely corporeal grade of being”.

However, in terms of how we approach this Bill, the definition of sentience is important. Our scientific understanding of sentience has come a long way in recent years and will continue to evolve. The Bill does not therefore have a fixed definition of sentience. It is not necessary to define sentience in statute for this Bill to work. We can all recognise that animals are sentient and that their welfare should be considered in decision-making; there is no need to make it more complicated than that.

Our GB-wide Farm Animal Welfare Committee issued a definition of sentience in 2019. The Scottish Animal Welfare Commission recently published a statement on sentience. There are some differences; this shows the importance of adopting a flexible approach that can evolve. It is worth noting that neither definition is set out in statute. The Scottish Animal Welfare Commission’s definition is one that it has adopted for its own purposes; similarly, if the animal sentience committee considers it expedient to adopt a working definition of sentience, it would of course be free to do so, but that is a discussion for its members to have.

I hope that this reassures my noble friend and that he will withdraw his amendment.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, I have received one request to speak after the Minister. I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

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[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, it is time to resume. Perhaps the Minister might like to say a word in reply to the noble Baroness, Lady Bakewell.

[Lord Benyon (Con)]

I thank the noble Baroness for her question. It would not be our intention to edit the committee’s membership by their eating habits or by any other habits or disciplines. We want a balanced committee that draws together a wide range of expertise across the whole field of animal welfare.

[Lord Moylan (Con)]

My Lords, I am grateful to noble Lords who have spoken in support of the amendment, and to the noble Baroness, Lady Bakewell, for contributing to the debate. I reiterate the point that the science that underlies animal sentience is of crucial importance to the Bill and deserves further debate, which may come at a future stage in the Bill. To be absolutely clear on my own position in case it was not, I am not saying that there is no such thing as animal sentience science—I believe there is such a branch of science—but I am saying that it is a relatively new, relatively specialist and slightly political branch of science. It needs the buttressing of peer review.

In that regard, I was disappointed by the response of my noble friend the Minister. He said that the Government did not want to dictate to committees such as this because they usually did well-reasoned reports. I thought “usually” was interesting. I quite understand that the Minister does not appear to want to dictate to committees that do badly reasoned reports; he wants to stand aloof from good research, from good reason and from bad reason alike. But that is not a very good basis for carrying the public with you. When this committee comes into existence and produces its reports, I think that much of what it says will be met by the challenge, “Well, that’s not really science anyway.”

It is slightly remarkable that, given the opportunity by these modest amendments to rebut that challenge and say, “No, this is science at the cutting edge. It is the best science we have and we know that because we have ensured that it is properly peer-reviewed”, the Government have turned away in distain and said that they would rather have uncertain science and not have any checks on what the committee is going to do. I am sure that, if they reflect, they will think that that is not really a sustainable or credible position. For the moment, to allow them time to reflect, I am happy to see my amendment withdrawn.

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With those two points, I leave on the table the question for my noble friend the Minister as to what the exact crossover is with the other departments, to which he briefly referred last week, and to what extent this Bill relates to the provisions of the Agriculture Act and the Environment Bill. With those few words, I support my noble friend’s Amendment 35A.

[Lord Benyon (Con)]

I thank my noble friend Lord Caithness for his Amendment 35A, which seeks to ensure that the animal sentience committee’s recommendations are not detrimental to conservation, biodiversity and other matters. The House has been clear that the committee should not usurp or encroach on the role of Ministers to formulate and implement policies in the public interest. It is, and will remain, for Ministers to decide policy and for Parliament to hold us to account. If the promotion of animal welfare is ever not fully compatible with other important goals, it is for us—not a committee—to determine the best course of action.

I agree entirely with my noble friends Lord Caithness and Lady McIntosh of Pickering. They are right to state their concerns about the anthropomorphisation—I think that is the right word but I am not sure; I look to the noble Lord, Lord Trees—of species. We make gradations of cuteness in our own minds. We look at a deer and compare it to a rat; we often do not mind very much what happens to the rat but mind when it is the deer, when the latter may be more of a pest in terms of conservation and biodiversity. As one person lecturing me on forestry when I was studying land management said, “Remember”—he was referring to grey squirrels—“it is not the squirrel’s fault that it is a pain in the backside”. His point was well made. Even allegedly non-interventionist activities, such as rewilding, actually require enormous amounts of interventionism when it comes to animal welfare. If you go to Knepp, that estate still has cattle, horses and pigs to manage, so there are animal welfare considerations.

However, I reiterate that the animal sentience committee is not there to make recommendations about how Ministers should decide what policy should be. The purpose of its recommendations is to highlight certain effects on which it has the expertise to assess, so that Ministers can understand those effects better. The committee’s members will be well aware that Ministers have myriad other important factors to consider when reaching their decisions—I hope this addresses my noble friend’s point—and that their recommendations are likely to relate to one of a number of important considerations that Ministers will want to take account of.

I fear that directing the committee to prejudge recommendations based on factors other than animal welfare would risk undermining the clear distinction we have drawn and force it to assess matters beyond its expertise. It bears repeating that, rather than being some sort of power-grabbing cabal, this will be a committee of experienced scientists, veterinarians and other experts. These will be level-headed, thoughtful people who are unlikely to wish to advise on matters beyond their remit.

There is also a real opportunity for the committee to add value to the policy-making process. I know that some of your Lordships fear that we will be told we must sacrifice important human needs, such as crop protection, to animals. Instead, the committee will help policymakers to reach intelligent solutions which allow us to advance human interests in ways that are compatible with the welfare needs of animals. I say to my noble friend that we both want to see the committee make suggestions on how well the welfare needs of animals have been taken into account in policy decisions. But I reiterate that it is for Ministers, not the committee, to decide how animal welfare itself should be balanced against other matters of interest, such as conservation and biodiversity.

To be specific on whether the Bill will interfere with pest control, the answer is no. Pest control is highly regulated. Rules ensure that the trapping and killing of vermin is humane, using permitted methods. I say to my noble friend Lady McIntosh that we are talking about vertebrates here. A vertebrate is an animal with a spine: mammals such as dogs, cats and cows; birds; reptiles; and amphibians, such as frogs and toads. Vertebrates do not include decapods and cephalopods —we might come to that later—arachnids, insects and myriapods. With those assurances in mind, I hope that my noble friend Lord Caithness will be content to withdraw his amendment.

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[Lord Hamilton of Epsom (Con)]

My noble friend Lord Caithness mentioned the predation of badgers, which of course do not come under pest control; they are protected. He did not mention that badgers very much like eating hedgehogs. They are skilled at rolling them over and disembowelling them. When we worry about the decline in hedgehog numbers, very rarely does anybody mention that perhaps badgers are responsible for this.

Another protected species is the sparrowhawk. If you shoot a sparrowhawk you get fined £1,000 because all hawks are protected, but 34 songbirds every week account for their diet. We have to bear in mind that in nature, almost all species are predated on by others. We just want to get all this into perspective.

[Lord Benyon (Con)]

I would be going down a very dangerous path if I moved on to cats and how many songbirds they account for, and would probably find this getting out of hand, but my noble friend is absolutely right. What we seek to achieve through not just animal welfare provision but other legislation and regulation is a balanced countryside. We do not get it right; we are suffering a cataclysmic decline in species, which means that our children and grandchildren will not see the species that we have perhaps relied on seeing regularly. That is a tragedy that we are seeking to reverse through a variety of other policies. At the same time, when it comes to pest control, we can do it as humanely as possible, and we can have management techniques that protect both species and landscapes. It is not an exact science and it will be got wrong at certain times, but, by and large, I think there is a great unity of purpose in trying to reverse these tragic declines in species.

[Lord Moylan (Con)]

My Lords, given our discussion at our earlier session two weeks ago about the composition of the committee, I was struck by the Minister’s certainty that he could describe the members of the committee in such paradigmatic terms. I cannot recall his exact words—I will look at them in Hansard—but he said that the members of the committee would be knowledgeable, balanced, cautious, restrained and unwilling to rush into areas where they were not wanted. This must narrow the number of people who would qualify to sit on the committee to the point where I suspect the Minister must have a list of names already. If he has not, or is not willing to disclose it, is he at least willing to assure us that, when the public appointment process is launched and the person description drafted, the words that he has used now will be carried over verbatim into the person description for the applicants so that we get exactly who he appears to be promising us?

[Lord Benyon (Con)]

I am very worried about my noble friend. He appears to have a very jaundiced view of human nature. There are a great many people with those skills whom we meet every day, whether we are having our dog treated at the vets or talking to farmers or discussing wider policy areas in this field. I hope I can prove to him that his glass should be half full on this; we will find the right people.

[The Earl of Caithness (Con)]

My Lords, I am grateful to those who have taken part in this debate, in particular my noble friend Lady McIntosh of Pickering for her helpful contribution. When my noble friend Lord Hamilton intervened, I too immediately thought of cats and the very good debate on cats that we had before my noble friend the Minister joined the House, when the wonderful work and research done by SongBird Survival was referred to, because of the millions of birds that cats take every year.

I listened with care to what my noble friend the Minister said and was heartened by a lot of it. If what he said works in practice, I think that a lot of our concerns will evaporate. My fear is that when he goes and the Ministers change, the committee will undoubtedly change too, and then the trouble will begin. That will be a few years down the road; I do not wish my noble friend to leave his position any time in the next four years or even thereafter, because this committee will be too important.

I am grateful for what my noble friend said. I shall read it. He was absolutely right that this is not an exact science; it is not, but I fear that we have spent too much effort on habitats and not enough on management. Therefore, the problem has been exacerbated. I hope that, with my noble friend’s experience and knowledge, Defra will spend more time on management than it has in the past, because it is only through management combined with habitats, species and the right amounts of food given at the right times of year that we will be able to increase the biodiversity of this country, which has suffered in the recent past. I am happy at this stage to withdraw my amendment.

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[Lord Benyon (Con)]

I will start with Amendment 48 in the name of my noble friend Lord Moylan. With it, I will take his Amendments 52 and 53, together with Amendment 59 in the name of my noble friend Lord Mancroft and Amendment 60 in the name of the noble Lady, Baroness Jones of Moulsecoomb.

It is evident that there is a rather wide range of views in the Committee about which animals should be recognised in this Bill as sentient. Some noble Lords wish to see the scope of the Bill immediately broadened to include decapods and cephalopods; others additionally wish to see the exclusion of certain classes of vertebrates. As drafted, the Bill defines an animal as a non-human vertebrate—that is, an animal with a backbone. The scientific evidence is clear that vertebrate animals can experience pain and suffering. It is on that basis that the definition of “animal” in the Animal Welfare Act 2006 extends to vertebrates.

Government policy will continue to be guided by scientific evidence. That is why we have future-proofed the Bill with a delegated power for Ministers to add different species of invertebrates to the definition of “animal” by regulation. We will use this power where supported by robust scientific evidence. This corresponds to the similar delegated power contained in the Animal Welfare Act. I am mindful, of course, that this House has mixed feelings about the inclusion of delegated powers such as this in public Bills. It is rightly expected that Ministers offer a good reason for their inclusion. I can assure your Lordships that we would not have taken the trouble to seek this power if we were not prepared to use it when needed. I can confirm that new additions to the remit of the Bill—new species—are subject to an affirmative resolution, so noble Lords can scrutinise them.

On Amendment 56, my noble friend Lord Trenchard would, had he been able to speak to it, have sounded a note of caution regarding the delegated power in the Bill. I can assure him that such a power will be exercised appropriately, as I said. That is why the affirmative resolution process applies; Parliament will have the final say on any extension to the Bill’s scope. If either House is not satisfied that Ministers have good evidence to justify their use of the delegated power, then its use can be vetoed. We know that scientific research is a continuous process and new evidence on sentience will emerge over time as our understanding increases. That is why we have included the delegated power. I am aware there may be different views on the inclusion of a delegated power in the Bill. However, this power is necessary to allow us to recognise other species as sentient if there is sufficient evidence to support it, and I can confirm we intend to use the power if that is the case.

Naturally, when we talk of possible extensions to the Bill’s scope, many noble Lords are thinking primarily about its extension to decapods and cephalopods. This is reflected in Amendment 57 in the name of my noble friend Lord Moylan, as well as Amendment 49 in the name of the noble Baroness, Lady Hayman of Ullock, and Amendment 51 in the name of the noble Baroness, Lady Jones of Moulsecoomb. As noble Lords know, my department has commissioned an independent review of the available scientific evidence on sentience in decapod crustaceans such as crabs and lobsters as well as sentience in the cephalopod class, which includes octopus, cuttlefish and squid. I can confirm that the report will be published before the Bill returns to the House on Report.

We want this Bill to stand the test of time. Our understanding of animal sentience has developed in recent years and will continue to do so. I say to my noble friend Lord Moylan that I would be reluctant to do away with the ability to extend the Bill’s scope to other species, subject to parliamentary approval, if that is what the evidence calls for.

Turning to Amendments 55 and 58, in the name of the noble Baroness, Lady Jones of Moulsecoomb, I am not sure whether there is anything to be gained from explicitly excluding or including foetuses and embryos from the committee’s remit, as the noble Baroness’s amendments would require. In practice, it would be difficult for the committee and government departments to identify the way in which a policy under consideration affects the welfare needs of a foetus or embryo, as opposed to those of the mother animal. It is therefore unlikely that the committee could find itself considering a policy beyond its remit.

To conclude my remarks on what species the Bill covers, I recognise that there are strong views advocating for many different directions. We want to ensure that any extension of the recognition of sentience is informed by engagement with the evidence from experts and stakeholders. Parliament can expect us to weigh the evidence carefully, with the assurance that it will always have the final say on the matter.

I saw and was profoundly affected by the documentary “My Octopus Teacher”, which has been frequently quoted. Other than the beauty of that particular animal, it also showed the healing power of nature for the individual who made that film. It is one of the most remarkable programmes that I have seen for a very long time.

I turn now to Amendment 50, in the name of my noble friend Lord Robathan, which seeks to refine the scope to kept animals. Your Lordships might wonder what is the point of recognising the sentience of animals that are outside human control, such as wild animals—the noble Baroness, Lady Hayman, made this point. It is simple: these animals are sentient and equally capable of feeling pain and suffering. Sentience is not a capacity limited to those animals under the control of man, nor does government policy impact solely on kept animals. There are numerous ways in which a government policy might affect wild animals. Crucially, we share an environment. Hence we should not limit the committee to considering the sentience of kept animals alone.

I will answer various points that have been raised. To my noble friend Lord Moylan, I will quote Rousseau’s Discourse on the Origin and Basis of Inequality Among Men: animals should be part of natural law

“less because they are rational than because they are sentient”.

I do not usually pray him in aid—his writings led to the French Revolution and the Terror—but I think that, in this case, he was right.

Like many others, my noble friend Lord Robathan referred to the words “Trojan horse”. I do not understand why they keep being used in the context of the Bill. The Trojan horse was a special forces operation, as he should be well aware, and it led to the sacking of a civilisation. I do not see that it has any corresponding circumstances here.

Finally, my attention was drawn to something in Hansard on 25 July 1979—so in the first few weeks of the then Conservative Government—where an MP who then went under the name “Miss Fookes” asked the Minister for Agriculture, Fisheries and Food

“what progress has been made with the Government’s review of their animal welfare policy”.

She was clearly on the march on animal welfare matters even then. In his reply, the Minister, Peter Walker—obviously late of this parish—set out the parameters that he thought were important for the Farm Animal Welfare Council, which is obviously a different organisation. However, his reply clearly sets out the level of expertise and—I say this to my Conservative colleagues—an enduring determination to improve the welfare of animals. It finishes:

“The actions the Government intend to take will provide a more efficient and effective means of furthering the interests of animal welfare.”—[Official Report, Commons, 25/07/1979; cols. 295-98W]


I could not have put it better than that in the context of this Bill.

Finally, as this is the last group, I thank every one of your Lordships who has spoken on the Bill today and at the previous session. As a new Member of this House, I can certainly say that its reputation as a place of careful consideration and scrutiny is well deserved. I hope that my noble friend will feel content to withdraw his amendment.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

My Lords, I have received a request to speak after the Minister from the noble Lord, Lord Bellingham.

[Lord Bellingham (Con)]

My Lords, does the Minister think that there is a fundamental difference between a lobster and a prawn? If an image of a prawn is magnified many times, we see that it is not dissimilar to a lobster. Of course, when children go shrimping or catching prawns, whelks, cockles or mussels, those creatures are all put into boiling water, pretty well killed immediately and cooked. Does the Minister feel that there is a fundamental difference between those bigger crustaceans such as lobsters and crabs and the smaller ones?

[Lord Benyon (Con)]

I am not an expert, and that is why I want an animal sentience committee that will advise me and my successors on the rights and wrongs of dispatching species of all kinds. I cannot answer my noble friend. I understand the point that he makes. He is a seasoned political debater. This is an issue which requires people who will make decisions about such matters, and that should not be lay men like me.

[Lord Moylan (Con)]

My Lords, I am grateful to my noble friend the Minister and to other noble Lords who have spoken on this group of amendments, particularly my noble friends Lord Caithness, Lord Robathan and Lord Mancroft. I was pleased that the noble Lord, Lord Trees, felt able to express support for Amendment 57 in my name.

I also want on this occasion to thank the Minister for handling us so well. These have been two afternoons of extremely informative and at the same time very good-natured debate, and he has taken everything that we have thrown at him and come back with a dazzling display of intellect and sympathy, though it is mildly regrettable that the only philosophers he cites are all French—maybe he should have a closer look at that for the future.

I apologise for expressing myself badly if I conveyed to the noble Baroness, Lady Bakewell of Hardington Mandeville, that I did not think that dogs could feel pleasure. That is not what I intended to say. In fact, one of my amendments specifically preserved mammals as part of the scope of the Bill. I was trying to say that, while we can certainly understand pleasure and indeed pain in a dog or in the higher mammals, it is very difficult to understand what that means in any meaningful sense when one is talking about fish, for example. It was simply that point that I was trying to make; I am sorry if I did not express myself well.

I say to the noble Baroness, Lady Hayman of Ullock, that Amendments 52 and 53 would add fish and birds to a clause that excepts—it is an exception clause—so that it would except homo sapiens “and fish” and so on. It takes them out of the scope of the Bill. Clearly, the noble Baroness does not want them taken out. However, she was never going to express support so, in a way, it does not matter.

As a final point, I want to pick up on what the noble Baroness said about cephalopods and decapod crustaceans, and it is a bit of commentary on much of the Bill. I think that we are all agreed that the Bill has to say something, and we have a Bill here which is so empty of content that it would almost be a scandal if it passed in its current circumstances. Today and on previous occasions, we have discussed how it ought to say something about composition and about term limits—which we discussed last time. Perhaps there is a feeling that it ought to say something too about cephalopods and decapod crustaceans. Where we might differ around the Committee, because we have not sufficiently coalesced, is on what exactly it should say on those issues, but I think that many of us sitting here, from all political parties and groups, can probably agree with me if I say to the Minister that as the Bill stands, it is not good enough, and that when it comes back on Report we expect many things that we have said to be heard and the Bill to be improved in a number of respects.

I wish the Minister well in his endeavours to make the Bill better so that we are all as happy with it as we have been with him. I beg leave to withdraw the amendment.