Animal Welfare (Sentience) Bill [HL]

Lord Randall of Uxbridge Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my interests in conservation and wildlife organisations, as set out in the register.

It is a great privilege and pleasure to follow not only my noble friend Lady Fookes but the noble Baroness, Lady Young of Old Scone, two indomitable proponents of animal welfare. Let me also welcome my noble friend Lord Benyon to the Front Bench, leading his first Bill in this House. He is by no means a debutant, having been a very eminent Defra Minister in the other place. I feel very confident that the Bill is in safe hands and look forward to working with him constructively on it. His excellent opening remarks mean that I do not have to delay this Chamber for long and there is no need to repeat what he so eloquently outlined earlier.

The Bill has been a little delayed in appearing before Parliament, but it is here now, and I believe the Government have the balance about right. As we have just heard from my noble friend Lady Fookes, this is another welcome measure that Her Majesty’s Government are introducing to the animal welfare sphere. I understand from the action plan that there is a lot more to come, which is really great news.

The notion of animal sentience is not new, and the Bill is not a radical measure. However, the creation of a committee is a sensible option to ensure that the right balance can be achieved. Of course, as we have already heard and I have some sympathy with, there will be questions around the membership of the committee, its independence and the resources given, but I do not think that needs to be a major issue.

There is also a legitimate point about whether the definition of “animal” in the Bill is wide enough. I believe there is divided opinion on whether invertebrates can be classed as sentient. Most research has focused on mammals and birds. I was relieved to hear that homo sapiens is not included because it could have caused me problems retrospectively if, in my previous career as a Whip, I had caused pain in any way to people with or without backbones. But that is best left where it is.

I was initially rather sceptical about the position of decapod crustaceans, including lobsters, crabs and crayfish, and cephalopods, including octopus, squid and cuttlefish. However, more recently I have come to the opinion that these should be included. The Government have commissioned an independent review into their sentience and, as the two noble Baronesses preceding me asked, is my noble friend the Minister able to indicate where that review has got to, and when we are likely to hear from it and hear a government response? It is certainly worthy of consideration, especially as experiments, particularly with octopus species, have shown they feel pain. This has led to a situation where cephalopods are protected from use in science and experiments, but at the same time not recognised as sentient. These are all matters for consideration in Committee. In the meantime, I look forward to this Bill receiving a well-deserved Second Reading.

Animal Welfare (Sentience) Bill [HL]

Lord Randall of Uxbridge Excerpts

Committee stage
Tuesday 6th July 2021 Grand Committee

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

My Lords, the noble Lord, Lord Mancroft, has withdrawn, so I call the next speaker, the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is a pleasure to raise a few points. I am a little confused by comments from my noble friends and those opposite that they do not know exactly why the Bill has been brought forward. I thought the Bill had a clear purpose; I thought it was replacing the recognition of animal sentience that applied from 1999 but fell out of UK law when the Brexit transition period came to an end in January 2021. That means that, for the first time in more than two decades, there is currently no requirement for the interests of animals to be considered in the policy process. The Bill, as we just heard from the noble Baroness, Lady Bakewell of Hardington Mandeville, was reflected in the Conservative manifesto, and it will fill the gap and provide that requirement. I do not think that it will bind Ministers to any particular course of action, but it will ensure that their decisions—I emphasise their decisions, not the committee’s decisions—are properly informed of any relevant animal welfare aspects.

That said, I have a couple of questions that have arisen during this debate. For example, it should be clear that this will have no effect on medical science. My noble friend Lord Howard of Rising made a good point about predator control. Perhaps because I regard myself as a conservationist, I understand that predator control is important, but that does not mean that animal sentience should not be taken into consideration. After all, I think it was in 1904 when we made pole traps illegal. As long as the methods of control are humane, I do not think there should be any cause for concern, but I would be interested to hear my noble friend the Minister’s views on that.

I was interested to hear my noble friend Lord Moylan talking about the potential effects of radiation and things that you cannot necessarily see. Perhaps I should have looked at the Bill while I was sitting here to see whether the Ministry of Defence is excluded. I have been reading and I know about the release of munitions underwater by the Royal Navy, which has had a potential effect on cetaceans.

Those are the sort of things that the sentience committee would have to look at. However, as I just said, this is for Ministers to decide, not this committee.

--- Later in debate ---

[Lord Trees (CB)]

I will speak to Amendments 2 and 11, both in the name of the noble Lord, Lord Forsyth, although I support one and oppose the other.

Amendment 2 would merge the Animal Welfare Committee and the animal sentience committee. I oppose this because the animal sentience committee is a raison d’être of the Bill. It was a major plank in the Conservative Party’s manifesto in 2019 and a major plank in their action plan for animal welfare, published just in May 2021, which said that an expert committee would be set up to hold the Government

“accountable for animal welfare in policy making”.

It is a scrutinising committee that holds the Government to account and in that respect it is very different from the advisory functions of the Animal Welfare Committee, which are much respected, and it itself has much to do. Therefore there are strong arguments for retaining the identity of these two committees.

Secondly, on the point brought out in Amendment 43 in the name of the noble Lord, Lord Mancroft, it will be advantageous that the relevant Minister can consult the Animal Welfare Committee for further advice or information should they be challenged by the animal sentience committee.

I support absolutely Amendment 11, again in the name of the noble Lord, Lord Forsyth. It succinctly lays out a bit more detail but gives discretion to the Secretary of State and, most importantly, requires a degree of parliamentary oversight of essential elements of the committee, particularly its composition. There is a threat that some of its members might not positively contribute, and it is very important that there would be parliamentary scrutiny of those essential elements, particularly composition, budget and resources, to see that they are adequate.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I shall be brief. By and large, the Government have got this reasonably okay. I can understand the sentiments of some of my noble friends and those on the other side. However, I have to say that Amendment 11 in the name of my noble friend Lord Forsyth of Drumlean has a great deal of merit. I was a bit sorry to hear him, in his typically self-deprecating way, describing himself as an extinct volcano. He is possibly a dormant volcano, and something we should always watch—you never know when the smoke may rise—but at the moment he is still there. I regard myself more as a drumlin, as distinct from the noble Lord, Lord Forsyth of Drumlean —that is, a small, egg-shaped glacial deposit. That is my place in life. We need to know more about the set-up of the committee and so forth. As I said, Amendment 11, which puts this so that it is in front of both Houses of Parliament, is a good solution.

[Baroness Fookes (Con)]

My Lords, my noble friend Lord Forsyth may be slightly surprised, given my interest in animal welfare, to find out that I share his criticisms of the Bill’s format. Indeed, I thought there was a Cabinet committee charged with ensuring that Bills came forth fully formed; I am therefore surprised that this one got through the gate of that Cabinet committee. It verges on being a skeleton Bill—or, if not a skeleton, it is seriously underweight, which has caused a lot of the difficulties and misgivings on all sides of the Committee.

I am concerned, too, not just that the way the first clause is set out gives unlimited power to the present Secretary of State over the membership of the committee and the terms on which they will serve, but that if that stands in the Bill, it will stand for ever. We cannot tell how that might be interpreted by future Secretaries of State, which I find very uncomfortable.

This is one reason why I have supported the two amendments in the name of the noble Baroness, Lady Jones of Moulsecoomb. First, her proposed new subsection (2) tries to set out that the function of the committee should be set out in the Bill. Secondly, she has proposed a schedule to point out who the members of the committee might be, how long they might serve and the committee’s general powers. I am quite sure that other Members of this Committee will find fault with whatever I have put down, but it is at least a worthwhile attempt to sort out what the Government really intend the committee to do and how it is to be constituted. I am anxious to see that people of varied expertise are chosen. I have no truck with what I call animal extremists and no wish to see them on a committee of this type. I want to see a well-established committee of experts who can offer sensible advice to the Secretaries of State of the day—because this will cover more than Defra, or I imagine it should if it is to relate to animals in general.

I very much hope that we can have considerably more thinking on the Bill on the Government’s part. I would prefer to see regulations brought in giving the details of the committee and how it will work, which could at least then be considered by Parliament, even if it cannot amend them. I ask the Government to look more closely at what they are asking us to accept.