Animal Welfare (Sentience) Bill [HL]

Lord Dodds of Duncairn Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

My Lords, I welcome the Bill and hope that it gets its Second Reading this afternoon. I welcome, too, the Minister’s clear outline of the purposes of the Bill; I have no doubt that the Bill is in safe hands in the Minister’s custody, given his long and distinguished service as a Defra Minister in the other place. It is good to see him here in this House.

There is no doubt that the overwhelming majority of people in all four countries of the United Kingdom will welcome the Government bringing forward legislation to safeguard animal welfare by recognising animal sentience in law. A recent petition calling for an animal sentience law easily received over 100,000 signatures and was debated last year in the House of Commons.

Noble Lords will recall the debate on Article 13 of the European Union treaty and the fact that, following Brexit, these provisions no longer apply directly. I am pleased, like other noble Lords, that we are now taking steps to fill the gap and make legislative provision for animal sentience. However, it is important, in respecting the devolved settlements, of course, to have consistency across the United Kingdom and that the provisions we are looking at today are also looked at carefully by the devolved Administration in each of the countries that have devolved powers.

In Northern Ireland, the Welfare of Animals Act 2011 includes a number of provisions to prevent harm to, and promote the welfare of, animals, but legislation there does not include explicit reference to animal sentience. The Welsh Government have made it clear that they fully agree that animals are sentient beings with the capacity for positive and negative experiences, such as distress or pleasure. However, while recent legislation was introduced in Wales in relation to wild animals in circuses, there has been no overarching legislation in this area. In Scotland, the Scottish Animal Welfare Commission recently made a statement on animal sentience, which described how animal sentience and animal welfare are defined and interpreted in Scotland. So, while I welcome this legislation this afternoon, it is clear that the devolved Administrations have not yet moved in this area and explicitly referenced animal sentience in their provisions. The Prime Minister’s office stated, on 11 May, in background briefing notes on the Queen’s Speech, that the Government would

“work closely with the devolved administrations to discuss these policies.”

I would be grateful if the Minister could provide an update on how those discussions are proceeding with each of the devolved Governments to ensure a consistent approach.

I want to touch briefly on a number of clauses in the Bill. I am pleased that the legislation will apply to wildlife and across all government policy areas and departments. But I share the concerns of a number of animal welfare charities that Clause 5 is too narrowly defined and that the current definition of an animal as “any vertebrate” needs to be expanded. That is unnecessarily narrow. I accept there is provision, as has been mentioned, for delegated legislation to expand the definition. But I am not sure, first, why there is any need to delay and, secondly, why it should be a matter for such legislation rather than being included in the primary legislation.

Central to this Bill is the creation of the animal sentience committee. It will be given much of the responsibility for ensuring that the duty to animals is effectively discharged, and it needs to be properly resourced and empowered to be able to help and, if necessary, effectively challenge Ministers on fulfilling their duties. There needs to be more detail about how the committee will work and its powers, and that will be examined in Committee. One area that has been highlighted already is that the Bill creates a discretionary duty for the committee to review whether a government policy has had appropriate regard for the welfare of animals. I agree that the committee should be given a clear, mandatory duty to review policies both prospectively and retrospectively. A number of groups have suggested that there needs to be a mechanism to require Ministers to inform the committee when a policy within its scope has been developed, to keep it advised. I know concerns have been raised about where this might lead and about the burden of work, but I think that is a wise and sensible move, with common sense and proportionality. Of course the committee needs to be transparent, open and fully accountable to Parliament, but its independence and autonomy are important if it is to do the work that needs to be done. Of course, people will support it in that function.

I warmly welcome the progress on this issue, and I look forward to further stages when the Bill can be examined in detail and, I hope, improved and strengthened.