Sentience and Welfare of Animals

Luke Pollard Excerpts

Monday 16th March 2020 Westminster Hall

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

It gives me great pleasure to respond to this very good debate on behalf of the official Opposition. There is cross-party support for enshrining animal sentience in law, and I want to express Labour’s full-hearted support for the effort to do so. We have heard powerful speeches today, but there are also community groups in each of our constituencies who engage in advocacy and campaign for 21st-century animal welfare laws. We know that what we do will make a difference to animals—domestic animals, animals in agriculture, and others—if measures are put in place correctly.

I thank my hon. Friend the Member for Bristol East (Kerry McCarthy) for her unrelenting campaigning on this area. She has a good position on the Petitions Committee, which gives her a new platform, and will continue to use that with force, ferocity and cross-party support for as long as Ministers fail to listen to her arguments. She made a good argument today.

I congratulate the Minister. This is the first time since she has been in her new role that I have had the opportunity to speak from the Bench opposite her. I am a big fan of cross-party working, and for most animal welfare legislation there is a lot of cross-party support. Sometimes the only thing that holds us back is the ambition to achieve what cross-party support has the potential to deliver. In relation to animal sentience, we have an opportunity.

[Alex Davies-Jones]

On the basis of cross-party working, will my hon. Friend please push the UK Government to end the barbaric practice of puppy smuggling across the UK, which hurts so many domestic pets and families?

[Luke Pollard]

My hon. Friend raises an important issue and, if the Minister has not yet read Labour’s animal welfare manifesto from the general election, it is very good and well worth reading. Puppy smuggling is dealt with under point 10. It is horrendously cruel, on an epic scale. There is huge public support for dealing with the cruelty that organised crime gangs perpetrate on those tiny little dogs.

The debate shows why Parliament’s online petitions are good: the fact that 104,000 people signed and 43 organisations back the petition shows that there is public support for enshrining animal sentience in law. I thank everyone who clicked on the link, then went to their email inbox to find the email and clicked the confirmation link to make sure their name could be added. I thank them for participating in earlier petitions as well as the present one, because the arguments have not changed. There may have been a slight adjustment as to which faces are around the table, but the importance of animal sentience remains.

The petition states:

“EU law recognises animals as sentient beings, aware of their feelings and emotions.”

That is enshrined in the Lisbon treaty and the Government chose not to move that provision over in Brexit legislation. There was an outcry at the time and Ministers have been dragging their heels ever since, trying to make the case that although the issue is important, enshrining it in law is not really necessary. I say that it is necessary and important, and that there is cross-party support for doing it.

To be fair to the Government—I regard the present and previous Governments as one continuous Conservative Government, although I know they like to think of themselves as fresh, since December—in 2017 they introduced a Bill. They withdrew it in 2018, but we are yet to see any signs of the crucial legislation since then. However, in the intervening year, a prominent and successful Conservative Back Bencher wrote in The Guardian:

“There is currently a cross-party consensus that we should enshrine the recognition of animal sentience in statute to underpin all our existing policies and inform new ones.”

The writer was, of course, the brand new Secretary of State for Environment, Food and Rural Affairs, during his brief sabbatical from the role of Minister. One reason I have a lot of time for the Environment Secretary is that initially when he was freed from the clutches of office he made a bold, clear case for changes in agriculture, fishing and animal welfare. I hope that now he is thrust back into ministerial office—in the Cabinet, no less—the same independence of thought that he demonstrated on the Back Benches will come into play.

In the same article in The Guardian he said:

“One option might be to suggest that the US introduce a similar piece of legislation at federal level to drive the modernisation of its own laws. We could even send British advisers to Washington to help them do it as part of our trade negotiations.”

I am not certain that the US President would take kindly to British trade advisers advising him on animal welfare standards, but there is something important there: the people with whom we want to do trade deals must not undercut our animal welfare standards, in relation to agriculture, domestic pets or any element of the high levels of animal welfare we enjoy at the moment.

[Kerry McCarthy]

I assume that my hon. Friend is referring to the same Guardian article that I mentioned in connection with the Agriculture Bill. It is hard to believe that the Secretary of State would have written for The Guardian twice during his brief period of freedom. Did he not go on to say that we should protect animal welfare and other standards in future trade deals by enshrining them in law—in the Agriculture Bill, for example?

[Luke Pollard]

My hon. Friend is dead right. There is an amazing amount of good political meat in publications by the Environment Secretary from the time when he was on the Back Benches. It feels as if the Opposition do not need to remind him of them, because I am sure his officials have churned through those plentiful publications, and the amendments he tabled to an earlier Agriculture Bill. Sadly, his new batch of Ministers recently voted against those proposals, but they include things for which there is a lot of support, and there is cross-party support for what we are discussing today.

I do not think British diplomats in Washington instructing President Trump to raise his domestic animal welfare standards to get a trade deal with the UK would work, but it is important to maintain high levels of protection in law, so that during negotiations the people we are negotiating with know the strength of feeling of the British people and Parliament: that we will not accept any lowering of standards or undercutting of them in any trade deal. That is why we need the animal sentience legislation to be implemented before the end of the implementation period. We cannot allow our animal welfare standards to fall behind those of the EU, especially after the plentiful promises of Conservative Ministers.

The animal sentience legislation that I hope the Minister will announce needs to apply to all policy areas and all sentient animals. If an animal is sentient, they are sentient no matter how they are being used by humans or where they are living. The law needs to confer an active duty to respect that sentience on all aspects of government. Simply having a function within DEFRA to advise the rest of Government is insufficient because, as my hon. Friend the Member for Bristol East said, there are other Departments that need to reflect the importance of animals in their day-to-day work and that might not, as standard, take animal sentience on board. That is why an independent monitor is such a good idea.

The legislation should require the Government to publish an annual report detailing how the duty has been acted on, including the policy options considered and what animal welfare impact assessments have been undertaken. It also needs to recognise that decapods and cephalopods—that is, crabs and lobsters, octopuses and squids—are sentient animals. In Labour’s animal welfare manifesto, which, again, is a very good read and still available on the website, we make the case that lobsters experience anxiety, crabs use tools, and octopuses have been known to predict the results of football matches—at least, that is not quite in the manifesto, but the sense of it is.

That is why, in our manifesto, we talk about not allowing those precious creatures to be boiled alive, for instance. We know that if you put a lobster in a boiling pot of water, it experiences pain. The pain may be lessened by the experience of being slowly heated, but it is pain none the less, and there are better ways of doing it.

The petition calls for a new body to support the Government in their duties to animals, which I referred to briefly, to ensure that

“decisions are underpinned by…scientific and ethics expertise.”

It has been proposed under a few names. The experience of Scotland was mentioned by the hon. Member for East Renfrewshire (Kirsten Oswald), and the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) spoke about how Scotland has already got there. In Scotland, it is called the animal welfare commission, but it could also be an animal welfare advisory council. In our manifesto, we talk about an animal welfare commissioner. Regardless of the name or the precise format, the function is the same: to support and critically analyse, to advise Ministers and Government to make the right decisions, and to ensure that the effects are truly understood.

My party prides itself on being the party for animal welfare. At the last election, we were the only party to publish a manifesto exclusively on animal rights. In it, we set out how we would appoint an independent animal welfare commissioner to operate in England and in collaboration with the devolved Administrations. Now that the UK is no longer a member of the European Food Safety Authority, we need to establish a body that can advise DEFRA and all of Government independently, and to represent the wealth of scientific, ethics and animal welfare expertise available in the UK.

We know that at the moment there is no specific body that is under a statutory duty to enforce the welfare requirements of Labour’s landmark Animal Welfare Act 2006, which my hon. Friend the Member for Barnsley East (Stephanie Peacock) mentioned. That needs to be placed on a statutory footing, and an animal welfare commissioner would help to achieve that. I recommend that the Minister cut and paste that from our manifesto into her Department’s work plan; if she did, it would enjoy the cross-party support that we have seen from the hon. Member for Southend West (Sir David Amess) and my hon. Friend the Member for Pontypridd (Alex Davies-Jones), who were united in the same effort here.

The commissioner would be responsible for gathering the latest scientific evidence on animal sentience and welfare, to ensure that there is the most up-to-date, evidence-based understanding across Whitehall, and to ensure that our nation maintains its top ranking in the animal protection index. Working alongside Government, the commissioner would assist in the promotion of best practice in animal welfare internationally because, although we pride ourselves on the legislative framework, Britons care about animal welfare both at home and abroad. To see that, we need only look at changes that the tourism industry has made to remove animals from so many of the products sold to British tourists, because that is not something Brits support.

Ministers are often found saying that the legislation that has been proposed now that we have left the EU is world leading, but time and again the evidence does not support that high-falutin’ soundbite. The Bills that have come out of DEFRA recently on agriculture and the environment have, I am afraid, been disappointing, at a time when many of us—including many of the “greenies” from across the parties and across the divide here—had high hopes that they really would deliver on that promise.

We cannot be world leading without an animal welfare commissioner. We are not even leading in the UK, because Scotland already has an animal welfare commissioner. England is already lagging behind. That matters as well. My little sister is a sheep farmer in Cornwall and, if she were to move north of the border, the animals that she now keeps in Cornwall would have a different legislative framework and different protections. That does not quite seem right for the same sheep, and I think there is an option to look at that again. I am not advocating taking sheep out of the Secretary of State’s own county along the way, for fear of offending him, but having those standards across our islands is important when it comes to animal welfare.

As I conclude, I will mention briefly the hon. Member for Henley (John Howell), who said in his remarks that he was exasperated by the language around chlorinated chicken. Indeed, many people in this place are, and the answer is very simple: put it in the Bill. That would prevent our standards from ever being undercut. If the hon. Gentleman believes the words of Ministers—they are said so very often—there is no reason for that not be put in a Bill, because those words are already on record. The thing is, I do not believe Ministers when they say that. There is an important element of building trust in these areas.

[James Daly]

Can I ask a very simple question? What shred of evidence does the hon. Gentleman have to back up what he has just said?

[Luke Pollard]

The difficulty when we sit on the Opposition Benches, where our job is to scrutinise rather than to support, is that we look for evidence of the words. There is a genuine risk that standards could be undercut.

It is important to make a distinction here, because this is frequently lost in interventions, although I hope that will not be the case with the hon. Gentleman. It is not that we think the Government will somehow lower our standards immediately, but by signing trade deals that undercut our standards and permit food produced to lower animal welfare standards or with negative environmental impacts, we will be allowing in produce that undercuts our own farmers and our high animal welfare standards, and that creates an incentive to lower regulatory pressures in the UK—or protections, as the Opposition like to think of them.

That is not something that is supported. It is not supported by Labour, it is not supported by the SNP and it is not supported by many Conservative Members, nor is it supported by the National Farmers Union and other groups. There are elements of cross-party support for keeping standards high and keeping that in law; it is one of those areas where we can come together on a cross-party basis to say that animal sentience should be in law. If we did, it should be a simple Bill with good scrutiny—the Minister knows that there are many experts in this House who would happily advise her for free along the way—because it is important that we get it done. At the moment, far from getting done, it is just getting delayed.

I hope that the Minister, when she gets to her feet, will give a boost to the petitioners—all 104,000 of them, in nearly every single parliamentary constituency of the country—and reassure them that this petition will not only enjoy warm words from Government, but see Government action before the end of the implementation period at the end of this year.