Animal Welfare (Sentience) Bill [HL]

Lord Sheikh Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Lord Sheikh (Con) [V]]

My Lords, I welcome this Bill as I have always believed that animals are sentient beings and that they feel emotions and experience pains. I was brought up in east Africa in a house with a large garden. We had a dog, cats, chickens, ducks and rabbits, and we became very fond of them and got to know them. I noticed that they had emotions and felt pain, and I shall give one example. When my mother died, I was very upset and the cat we had at that time would not stop mewing and wanted to sit on my lap. I feel that the Bill is necessary, as we need to ensure that we look after their well-being and care for all animals, whether they are pets, on a farm or in the wild.

The Bill will apply to vertebrates other than homo sapiens, but the Secretary of State may by regulation include invertebrates of any description. I agree with what has been stated.

With regard to animals which produce something we consume or use, I feel that by caring for them, we will have better milk, meat, eggs, leather, wool, et cetera. The intention of the Bill is to ensure that all animals continue to have adequate recognitions and protections now that we have left the European Union. This must be ensured by appropriate domestic legislation. We were previously subject to Article 13 of the Treaty on the Functioning of the European Union, which stated that

“administrative provisions and customs of the Member States”

must respect the

“religious rites, cultural traditions and regional heritage”

of their citizens.

I ask your Lordships to note the words “religious rites”.

I am a practising Muslim and I eat halal meat. There are nearly 1.9 billion Muslims in the world and over 3.4 million Muslims in the UK, and we make up over 5% of the British population. A number of Muslims, including me, will eat only halal meat, and their beliefs need to be respected. Animal welfare is very important in Islam. The Holy Koran and Hadith state that we must recognise animals as being sentient, and we are provided with guidance regarding how to care for, handle and farm them. In addition, we are told how they should be slaughtered for food. Islam forbids mistreatment of animals and their welfare is enshrined in Muslim beliefs. The Prophet Muhammad—peace be upon him—said:

“A good deed done to an animal is like a good deed done to a human being, while an act of cruelty to an animal is as bad as cruelty to a human being.”


Islam permits slaughter of animals for food but dictates that such slaughter must be exercised humanely.

There has never been conclusive scientific evidence to suggest that religious slaughter is less humane than conventional methods. In halal slaughter, the animal ceases to feel pain due to the brain immediately being starved of oxygenated blood. For the first few seconds after the incision is made, the animal does not feel any pain. This is followed by a few seconds of deep unconsciousness as a large quantity of blood is drained from the body. Thereafter, EEG readings indicate no pain at all.

I have spoken previously in your Lordships’ House about halal slaughter, and had discussions with then Defra Minister and corresponded with David Cameron, the then Prime Minister. Will the terms of reference of the committee to be appointed under the Bill include looking at the religious practices of halal and shechita? If this is to happen, I suggest that a person or persons who have a very good knowledge of these practices should be appointed. This will enable the matter to be looked into comprehensively and thoroughly. Furthermore, I suggest that the committee holds full consultations with the communities and appropriate organisations to take account of the feelings of the people. I add that I would like to see the committee being independent.

I ask my noble friend the Minister to comment on the points I have raised, particularly those relating to religious slaughter. Leaders and members of the Muslim community have approached me to speak on the Bill today and raised the points which I have made.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the noble Baroness, Lady Gardner of Parkes, who is next on the speakers’ list, has withdrawn. I call the noble Lord, Lord Trees.

Animal Welfare (Sentience) Bill [HL]

Lord Sheikh Excerpts

Committee stage
Tuesday 6th July 2021 Grand Committee

[The Earl of Caithness (Con)]

My Lords, I hope my noble friend the Minister will give us a full and detailed reply, because there have been so many questions and unfortunately, the Committee being operated in this way because of Covid, we will not be able to cross-examine him in quite the way we would have done when it was sitting normally.

I start from the basis that we ought to retain the current position, which we had just before we left the EU. I therefore support the noble Earl, Lord Kinnoull, in his Amendment 16. However, Amendment 1, moved by my noble friend Lord Hamilton of Epsom, is absolutely critical; that is, having the composition of the committee and how it operates controlled by regulations. It would be quite wrong for the Government to be able to set up a committee at their own whim and dictate, without coming to Parliament, exactly how it might be composed and operate. I hope my noble friend will be able to be very positive on that amendment.

Could my noble friend also confirm that the noble Lord, Lord Trees, was absolutely right? In speaking to his Amendment 3, the noble Lord drew attention to Clause 2, which says that the committee must comment on policy or what policy might be formulated. Does this mean that it cannot recommend policy to the Minister? If it were able to go off on its own and come forward with a report that says the Government ought to legislate in an area, it would broaden the scope of Clause 2. I hope my noble friend will confirm that it is strictly limited to policy generated by the Government.

I agree with my noble friend Lord Moylan on Amendment 19 and the need for medical research to continue. I hope that is fairly straightforward.

I support what my noble friend Lord Howard of Rising said on vermin. Vermin need to be controlled but they should, quite rightly, be controlled in the most humane manner possible. I raised this during the Environment Bill, when my noble friend Lord Goldsmith moved away from human to natural vermin control but, if one were to pursue that policy and way of thinking, we would have no control of the outcome at all. I hope my noble friend will confirms that, as the apex predator, man has an important role in improving biodiversity.

I conclude by agreeing with the noble Baroness, Lady Mallalieu, on judicial review. One can pick a great many holes in the Bill as drafted, and I can see the judicial review process being used more heavily on this Bill than in most other legislation we have considered.

[Lord Sheikh (Con) [V]]

My Lords, I speak in support of Amendments 19 and 31, beginning with Amendment 19. We must ensure we can still use animals in the advancement of medical research. A great deal of research still needs to be undertaken in the research and development of vaccines and pharmaceutical drugs. The results of this research must be properly recorded and submitted to the appropriate authorities, before any chemical, biological or surgical treatment is approved for regular use. As such, processes must remain in place for effective certification of all life-saving treatments.

For years, animals have been used as a crucial component in the development process. Pharmaceutical companies have successfully produced a range of medical advances as a result. Drugs, vaccines, surgical procedures, insulin, pain relievers and new traditional supplements—to name a few—have been developed. We are living in a changing world with new diseases or variations on existing illnesses, where there is a need for continuous research and development. For certain diseases, we have not yet found appropriate remedies and the work of R&D is not yet done. Suitable experimentation on animals must continue and improve to offer other potentially life-saving and life-improving products to those in need. It is therefore important that the practice of developing and testing on animals is continued. There should be no interference in this process, as it is for the benefit of humanity, on a global scale.

I add that, in the research and development of vaccines against Covid-19, studies and experiments were undertaken on certain animals to assure the vaccine as effective and safe for use worldwide. I therefore support this amendment, which seeks to ensure the continued existence of this essential aspect of the advancement of our understanding of medical science, for the benefit of the people of the entire world.

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[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.

[Lord Sheikh (Con) [V]]

My Lords, I should like to comment on Amendments 11 and 14. I agree in principle with what has been stated about these two amendments, which are concerned with clarifying the operational capabilities of the animal sentience committee.

I love animals and care deeply about their well-being. I have pets and I was brought up in home where we had chickens, ducks, rabbits, dogs and cats. I formed a bond with these animals and know that they had emotions and felt pain. In my language we say, “An animal is not able to speak but it does have feelings”. Of course, this makes it even more important for us to care for them, which is the reason I support the Bill. However, certain improvements need to be made to address this fact. We must ensure that the animal sentience committee is able to undertake its work as adequately as possible to fulfil its range of responsibilities.

I am a businessman and have been the chairman and chief executive of a successful public company. In business, if a company wants to undertake a project, it must thoroughly work out the details. Thereafter, adequate resources must be provided, including funding, the provision of appropriate staff and the sourcing of suitable accommodation.

Similarly, we must set out quite clearly what we are trying to achieve, and we must set out our objectives throughout. If the intention is to establish and maintain an effective committee, the terms of reference among other things need to be set out in clear terms. Amendments 11 and 14 address these requirements by setting out provisions, making adequate resources available for staffing composition as well as defining the relationship and appropriate consultation between the Secretary of State and the committee. I support all that is set out in the amendments but would like them to be streamlined and consolidated in one properly worded clause.

[The Earl of Caithness (Con)]

My Lords, I support the amendments put forward by my noble friend Lord Forsyth of Drumlean, which expand on what we discussed on an earlier amendment. They set out the very minimum that one should expect the Secretary of State to be able to do, particularly Amendment 11. I was interested by what my noble friend Lady McIntosh of Pickering said when she contrasted the rural proofing committee and the proposed committee. Can my noble friend explain to us what the difference will be and how the two committees will be looked at by Defra? A lot of us have pushed hard to give the rural proofing committee more opportunities to work proactively across government departments in much the same way as my noble friend would like this committee to do, but this committee needs an Act of Parliament whereas the rural proofing committee was set up without any reference to Parliament. I would be grateful if my noble friend could explain the difference.

On financing, will my noble friend also take time to tell us what programmes in Defra will be cut or not pursued in order to fund the animal sentience committee? Defra finances are under some strain, and it would be nice if we knew where the cuts were going to be. Perhaps the rural proofing committee will get less funds in order that this one can succeed.

On an associated amendment after Clause 6, proposed by the noble Baroness, Lady Jones of Moulsecoomb and supported by my noble friend Lady Fookes, neither of them mentioned paragraph 1(5) of their proposed new schedule, which states:

“The Secretary of State may not appoint a person as a member of the Committee if the person is … a member of the House of Lords.”


I can think of two or three people sitting not very far away from me who would be excellent members of the animal sentience committee. I wonder whether my noble friend agrees that to exclude people sitting in any of the Parliaments, here or in the devolved assemblies, is the right way to proceed.

Perhaps this is the right opportunity to pick up a point made at Second Reading by the noble Lord, Lord Trees, when he mentioned the report due from the LSE. That is crucial to this Bill and how we understand it. What progress has been made on that report? I took advice on putting forward a delaying Motion on this Committee that we do not consider the Bill further until we see that report because it is so relevant to this Bill. If my noble friend cannot help us further, I might consider doing that on Report, because we really need to see the report and its relevance to our discussion on the proposed committee.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow my noble friend. There is some coalition of thought behind his Amendment 8 and my Amendment 10. I have known my noble friend the Minister for a substantial number of years and we served together on the Front Bench in opposition. He is not normally this shy in coming forward and sharing details with us; he is normally only too keen to pay tribute to the excellent department in which he finds himself. I am delighted to see him back in his place.

The purpose of Amendment 10 is to tease a little out from my noble friend. I know he is reluctant to, but he could share a little soupçon of who he imagines will be on the committee. I hark back to what my noble friend Lord Marland said in connection with the first group of amendments, and the pressures and challenges facing farmers. I echo that and pay tribute to their devotion to livestock and animal rearing and their sense of animal husbandry. They feel they are facing an onslaught from the department and this Government, the likes of which we have never seen before under a Conservative Government. I hope my noble friend gives some reassurance to the Committee that he imagines the animal sentience committee will at least have a veterinary surgeon, an active farmer or person with knowledge of livestock production or land management, and a person with knowledge of slaughterhouses.

I pay tribute again to my noble friend Lord Moylan, who managed to extract the animal welfare policy paper, which seems almost to be shrouded in mystery. If the Government really wanted us to share the enthusiasm they no doubt feel for this Bill—which at the moment is fairly weak on my part—surely they would shout this from the rooftops or at least pay passing reference to it in the context of the Bill before us. With those few remarks, I hope the Minister will look favourably on the plea to see the three categories I have set out, in addition to those set out by my noble friend Lord Moylan, appear in some shape or form when the committee is set up.

[Lord Sheikh (Con) [V]]

My Lords, I was going to speak in favour of Amendment 10, particularly relating to the appointment of a person with knowledge of slaughterhouses. I feel there is no need for me to do so, in view of the assurances given by my noble friend the Minister that there will be no interference in the continuation of religious slaughter practices. I am grateful to my noble friend for giving these assurances.

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

The noble Lord, Lord Hamilton of Epsom, has withdrawn from this group, so I call the next speaker, the noble Earl, Lord Caithness.