Animal Welfare (Sentience) Bill [HL]

Lord Benyon Excerpts

3rd reading
Monday 13th December 2021 Lords Chamber

Moved by

[Lord Benyon]

That the Bill do now pass.

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

My Lords, I said at Second Reading that this Bill is our opportunity to build on the UK’s record as a world leader in animal welfare. Animal sentience is a matter of scientific fact and it is only right that it is recognised in UK law and properly considered in policy decision-making. I am therefore pleased to see the Bill progress towards becoming law, an outcome for which there is clear and unambiguous public demand.

It has been an honour to lead the Bill through this House. As your Lordships know, it is the first Bill that I have had the privilege of guiding through this House, and the experience has been an educational one. The House is known to offer particularly robust and careful scrutiny of proposed legislation, and I can certainly confirm that it has lived up to its reputation. While the hours of debate may have been long, they were also constructive and informative.

I thank noble Lords on all Benches for working constructively and coming forward with positive suggestions. I am particularly grateful to my noble friends Lord Moylan, Lord Mancroft, who I am pleased to see has risen like Lazarus from his sickbed to be with us today, Lord Marland, Lord Howard of Rising, Lord Forsyth, Lord Caithness, Lord Ridley, whose imminent departure from this House is a matter of great regret, Lady McIntosh and Lady Meyer. I am also grateful to the noble Lord, Lord Trees, whose understanding of these matters is second to none, the noble and learned Lord, Lord Etherton, the noble Earl, Lord, Kinnoull, and the noble Baronesses, Lady Deech and Lady Mallalieu. Finally, I thank all noble Lords who discussed the Bill with me, inside and outside the Chamber. The Bill, and the animal sentience committee’s draft terms of reference, are in better shape than they would otherwise have been as a result of your Lordships’ engagement.

In addition, I thank officials in my department for their many hours of work on the Bill, including the Bill manager, Katherine Yeşilirmak, and her colleagues Hannah Edwins, Jack Darrant, Phoebe Harris and Cathrine Hughes. I am also grateful to my private secretary, Lucy Skelton, and to Hannah Ellis in the Whips’ Office.

I was delighted to see noble Lords across the House support the amendment to include decapods and cephalopods in the Bill. There has been much interest in this issue, and our decision was fully informed by a robust research report.

I must also thank the noble Baronesses, Lady Hayman of Ullock and Lady Bakewell of Hardington Mandeville, on the Front Benches opposite, for their time and constructive engagement with the Bill. It is a better Bill for their involvement. I am also particularly grateful to my noble friends Lady Bloomfield of Hinton Waldrist and Lord Younger of Leckie, whose support and guidance has been indispensable over the past few months.

I am glad that my noble friend Lord Herbert of South Downs and I are united in, to use the words in his Motion, supporting measures to improve animal welfare. I have known and worked with him on these matters for a great many years, and I understand his commitment to animal welfare. I do not propose to revisit all the arguments made at earlier stages of the Bill, but I would like to take a moment to reassure my noble friend that the accountability furnished by the animal sentience committee will be proportionate, timely and targeted.

My noble friend has expressed concern that the committee would glue up government with its analysis and proposals. I respectfully disagree: if anything, I believe it will oil the wheels of the policy-making process. We have indicated that the committee should look to produce six to eight reports a year. It will have to select policy decisions very carefully, and the administrative burden that is created will be light. Furthermore, the committee is not empowered to make recommendations on the substance of policy decisions; its recommendations will be strictly limited to consideration of the animal welfare impacts of the policy decision. It is therefore difficult to see how the committee would hinder the business of government in the way that my noble friend describes.

I understand why my noble friend has asked about the need for two committees. To be clear, the animal sentience committee is the only new committee to be established. It needs to be referred to in statute to provide for the effective parliamentary accountability that we envisage. By comparison, the existing Animal Welfare Committee advises, rather than scrutinises, Defra and the devolved Governments of Wales and Scotland about particular animal welfare issues that have been remitted to it. Ministers are not required by law to respond to the points made in the reports published by the Animal Welfare Committee, which is not established in legislation. I hope this reassures my noble friend, and that he will be willing not to move his amendment. I beg to move.

Amendment to the Motion

Moved by

--- Later in debate ---

I will not say anything further; it is going to be a very busy day today. I thank the officials for all their time. We support the Bill and believe it is better than when it first arrived in this House. I wish it much luck in the other place.

[Lord Benyon (Con)]

My Lords, I thank my noble friend Lord Herbert for his contributions to today’s proceedings and earlier debates on the Bill. I have previously addressed at length a number of the points he raised, so I do not intend to detain the House long. He made an incredibly good speech, and some of his points struck home—I felt a bit like that painting of St Sebastian.

The weakest argument he put, echoed by my noble friend Lord Cormack, seemed to suggest that this House cannot hold two thoughts in its head at the same time. Of course, the priority of this House, the Government and all of us is to deal with the pandemic, but the idea that you cannot produce legislation on any other subject, which is the logical conclusion of his argument, is one that I am afraid I do not agree with. But he made other very good points.

I suggest to the noble Baroness, Lady Mallalieu, that this concept of animal sentience was on the statute book; we had it under Article 13 of the Lisbon treaty. The debate, which will continue in another place, is about the degree to which we transpose that. I understand the points she made.

I make an absolute assurance to the noble Baroness, Lady Deech, who is not here. The noble and learned Lord, Lord Etherton, made a very good point, and I respect him and his knowledge. On the point about judicial review, we have done all we can to limit the duties that a Minister has to abide by. That is where judicial review really hurts Ministers—if they fail to follow a duty in the Bill—but I absolutely concede that organisations will continuously try to judicially review the Government, on this legislation and elsewhere. The question is: will it be successful? Will it be permitted to be taken forward? Just the week before last, an organisation wanted to take the Government to judicial review and was refused by the courts.

Finally, on religious rites, I made a promise on Report and continue to make that point. The noble Baroness, Lady Deech, the noble Lord, Lord Sheikh, and others made genuine points about concerns in the communities they come from or sought to represent in their words on this Bill. I and the Government take these concerns really seriously and want to give them every assurance that the Government’s policy remains to support them on these matters of religious importance and on how they wish to have animals slaughtered. We will make officials and Ministers available to give those added reassurances.

I again thank all those involved to date in the Bill’s passage and hope my noble friend will be persuaded not to push his amendment.

[Lord Herbert of South Downs (Con)]

My Lords, this has been a good airing of the issues; we have all said our piece. I have no wish to try the patience of the House, which wishes to get on to other matters, any longer. I hope that Members of Parliament will heed what has been said, and that in due course we will have an opportunity to consider amendments that they make, so that this House performs the job of being a revising Chamber—because the Bill has not so far been revised at all. With that, I beg leave to withdraw my amendment.