Animal Welfare (Sentience) Bill [Lords]

Luke Pollard Excerpts

2nd reading
Tuesday 18th January 2022 Commons Chamber

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

It is good to follow the hon. Member for Huntingdon (Mr Djanogly). I do not agree with most things he said, but he made a few points that I liked and will come to in my remarks. I welcome the Bill and I will support it today.

The Bill has come a long way since it was first introduced. It is a really good example of how Bills should be improved, especially through prelegislative scrutiny, rather than being stuck in the House of Lords. Many of the amendments made in the House of Lords should have been made in prelegislative scrutiny, so that we did not have a reformed Bill coming to the House of Commons.

I echo the remarks made by the new shadow Environment Secretary, and especially the thanks to Baroness Hayman for her sterling work in the other place, particularly on including cephalopods and decapods in the scope of the Bill. I welcome the fact that the era of boiling lobsters alive will come to an end. That is down to the work of Baroness Hayman and her colleagues in the House of Lords, and is long overdue.

The Bill is not really necessary, so to a certain extent the remarks from the hon. Members for The Cotswolds (Sir Geoffrey Clifton-Brown) and for Huntingdon were right in one respect: this really should have been mapped over in Brexit legislation. Of all the rules passed by the European Union during our membership, this is the only one that the Government chose not to map over. Why was that? Was it because there is an ideological divide over animal sentience? Was it because of a real desire to change the situation? Or was it because the Government fell foul of a debate that led to an outcry? This should not have been necessary; the measures should have been mapped over in Brexit legislation, and we should be spending our time looking at how we can improve animal welfare, rather than correcting the mistakes by the Government in the Brexit negotiations.

The Bill needs to work, however, and it is important that we get the detail right. Further work is needed to do that. Some of it is in the very short Bill, but the majority is in the terms of reference that accompany it. It is a shame that the Government have not put more effort into explaining what is in the terms of reference, because much of the detail about how the Animal Sentience Committee will work is in there. Many of the things that we need to improve are not in the Bill, but in the terms of reference, so it is important that we look at those.

There are three main changes that we should make to the Bill and that I hope will be accepted in Committee. First, we should remove the word “adverse” from clause 2(2), which says that the Animal Sentience Committee should have

“due regard to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings.”

As my Green colleague, the hon. Member for Brighton, Pavilion (Caroline Lucas), said, there really is no need to include the word “adverse”; if anything, it limits the legislation’s ambition and fails to deliver on the Government’s objectives. In the politics around animal welfare, it is quite a dated concept to use the word “adverse”, with its negative connotation in respect of animal welfare. It suggests that the job of animal welfare legislation is just to stop humans doing bad things to animals. It fails to consider the welfare agenda of the 21st century: what is a life well lived for an animal? How can we ensure not only that suffering is kept to a minimum but that animals enjoy a good quality of life? To delete “adverse” would not distract from the Government’s objectives in the Bill; indeed, it would arguably deliver a lot more on them. I hope that the Government will support an amendment to that end in Committee.

Secondly, on scope, I know that Ministers want the Bill to apply first to Government Departments—to the main Departments of State—but there is a strong case for Ministers to set out how they would accelerate its roll-out to apply it to non-departmental public bodies. For instance, I find it hard to justify the idea that the Bill will apply to the Department for Work and Pensions before it applies to Natural England and the Environment Agency. That does not make much sense, so I would be grateful if the Minister could set out the timetable for applying the Bill to every single non-departmental public body, and particularly to all the bodies in DEFRA-land, to ensure that they are within the scope of the Animal Sentience Committee. I would like this legislation and the committee to be in place by September this year; it is not unreasonable to argue that in September 2023, 12 months from that point, the legislation should apply to all non-departmental public bodies. I would be grateful if the Minister could set out whether that is the Government’s intention.

Thirdly, I am concerned about enforcement. I know that the Secretary of State will not like my saying this but, in my new-found freedom as a Back Bencher, let me be bold and speak frankly: DEFRA is a weak Department that does not really scare other Departments. The idea of DEFRA knocking on the door of, say, the Ministry of Defence to question its full implementation of animal sentience guidance is akin to a sardine taking on an Astute-class submarine: we are British and love the underdog, but it is not going to win. We need to be honest about that in relation to this legislation.

According to the guidance that accompanies the Bill, the Animal Sentience Committee will produce approximately six to eight reports a year. It seems to me that instead of allowing the delivery of written statements to the House of Commons three months after the Departments in question have made their initial reports, it makes much more sense for the Secretary of State to come to the House to make an oral statement, to enable parliamentarians to scrutinise the Animal Sentience Committee’s bulk report all in one go. I am concerned that the lack of such a parliamentary opportunity will limit the effectiveness of the legislation.

If the Secretary of State is keen to avoid the scrutiny opportunity of an annual moment, when he may also wish to set out the year-long cross-Government animal sentience strategy that is missing from the Bill, perhaps the Minister could set out the desired route by which parliamentarians will be able to question the effectiveness of the reports and whether they have led to any action or have simply been talking shops, designed to make Departments look but busy without delivering. Will we need to look to the good offices of the Environment, Food and Rural Affairs Committee to take time out of its busy schedule to analyse each report? Will we need a Backbench Business Committee slot to come free? Or will we need the Speaker to look favourably on a Member at DEFRA questions so that we can scrutinise any of the committee’s reports on the Floor of the House? I fear that without effective enforcement and proper parliamentary scrutiny, the Bill risks becoming a well-intentioned but meaningless piece of legislation.

It is important to look at the committee’s powers. The committee must have proper powers to investigate. Page 9 of the draft guidance the Government have released says that Departments will not have a legal duty to consult the committee. That is really important: Departments will not be required to co-operate with the Animal Sentience Committee. How can the committee improve accountability if Departments can simply decline to participate or to give information? The draft terms of reference suggest that if

“a Department fails to engage with the Committee or assist it with reasonable requests for information as it prepares a report, the Committee may record this non-cooperation in said report.”

That is a scary threat. How will Departments cope with the prospect of getting a black mark on their school report that will barely get any parliamentary scrutiny? What is missing here is a legal duty for Government Departments to co-operate and share information with the Animal Sentience Committee, to ensure that any concerns are properly followed up, otherwise the committee will not have the powers it needs.

I am interested in how DEFRA has come to the conclusion that there should not be a legal requirement to co-operate with the Animal Sentience Committee. Has there been an assessment of DEFRA’s own likelihood of co-operating with the committee? If so, will that assessment be published? Which Department is most likely not to co-operate with the Animal Sentience Committee? Is it the Ministry of Defence? Is it DEFRA? These are the questions to which we need an answer.

The Government admit in the draft terms of reference:

“The co-operation of UK Government Departments is necessary for the Committee to be able to work most effectively.”

But the Government are making that co-operation voluntary. It will be an option for any Secretary of State whose priority might not be animal sentience. Indeed, if they are being investigated, they probably will not have properly considered animal sentience in the development of policy. I suggest the Government take their own advice and make it a legal obligation for Departments to co-operate with the Animal Sentience Committee. That is another amendment that I hope will be moved in Committee. Perhaps the Environment Secretary will report annually on how many Departments are not co-operating with this new committee, as that would be very interesting for the House to know.

There are concerns about the independence of the Animal Sentience Committee and about who should be a member. In that respect, I share some of the concerns raised by the Countryside Alliance, which is not a likely bedfellow for me—the Countryside Alliance is generous and warm in how it describes me in these remarks. It is important that the membership of the committee is broad and has expertise, but it is also important that its members are clear and transparent about their involvement.

Annex A of the draft terms of reference sets out that the interests of members of the committee will be registered, and I would be grateful if the Minister could confirm that, under paragraph (h) of annex A—on any organisations or work relevant to the committee—it will be very clear that all members of the committee, if they are part of a foxhunt, will need to declare it as an interest. I agree with the Countryside Alliance that it is important we have broad-based and transparent involvement. It is important that the interests of every member of the committee are transparently declared.

Finally, I want to address the inaccurate report that the Bill could, in any way, stop our fishers and farmers doing what they do best. We are in a strange period in which the UK does not have animal sentience legislation. We have not had it since we left the European Union because the Government chose not to copy it over, but we will have it again when this Bill passes, as it will.

The hysterical reports from the media and some lobbying groups suggesting that the Bill could affect fishing and farming are incorrect. Britain rightly demands high animal welfare standards for kept and wild animals, and we should be clear that that should continue with this Bill. The Secretary of State has my full support on that, but I echo my hon. Friend the Member for Oldham West and Royton (Jim McMahon) and the hon. Member for Edinburgh North and Leith (Deidre Brock) in saying that we need high animal welfare standards in our trade deals, because it is not acceptable that the Australia trade deal undercuts our farmers by allowing food produced to lower animal welfare standards to be sold in the UK.

I echo a Labour colleague in saying that we need to tighten up the Hunting Act 2004 to stop foxhunting being a 21st-century practice. Trail hunting is an excuse for the live hunting of foxes and we need to close such loopholes. I am disappointed that this Bill does not provide the opportunity to do so.

Much of the Government’s animal welfare legislation has come from Labour’s animal welfare manifesto. There are many members of the 2019 intake in the Chamber, and I am sure they have read it thoroughly because, in many cases, they will have voted for many of the manifesto’s soundbites from the Government Benches, but it is not sufficient just to borrow the headlines from Labour’s animal welfare manifesto; the Government must borrow the detail, too. I encourage the Minister to look again at his well-thumbed copy to see what more he can borrow.

This is an okay Bill. It is half a pace forward, but it could be a full stride forward if we get the detail right. I hope that will happen in Committee.

3.54 pm

[Richard Drax (South Dorset) (Con)]

This is a bad Bill, an unnecessary Bill and a Trojan horse for those who have no understanding of, and sadly in some cases despise, the countryside and all that goes on in it. Before I start, I refer Members to my entry in the Register of Members’ Financial Interests.

We left the EU in order to pass our own laws, I hope guided by common sense and only where necessary, but this Bill is even more intrusive than the former legislation under EU law. It is a skeleton of a Bill, one that is not necessary and, indeed, it has the potential for great harm. I say “skeleton” because many aspects of the Bill are unclear. Who will be appointed to the committee? What skills will they have? How will it be resourced? Why is this a statutory committee when others are not? Why will it have the power to pass secondary legislation, and is this because the Bill itself has simply not been thought through and revision by whoever is in power will need to be accommodated? Why is the committee’s authority seemingly limitless, with its remit to cover all policy across all Departments, and what implications, which could be onerous, does that have for each Department?

As two of my colleagues have asked so far, what is sentience? It is simply not defined. To me, this will mean that the committee will examine the effect of Government policy on the welfare of animals as sentient beings. Sentience has long been recognised in Parliament. We have had animal welfare Bills since 1822. The most recent—it has already been mentioned—is the Animal Welfare Act 2006. They go far beyond the minimum standards set by the EU. Animal sentience is a fact, which is why welfare matters and why we have the highest standards. Then there is the question of the particular circumstances of the sentient animal. Animals kept by man are surely different from animals in the wild, even if both are sentient. To this end, I share the concerns of the noble Lord Etherton, who described this Bill as a magnet for judicial review.

I used the expression “Trojan horse” at the start, and what I mean is that I and many others fear that those with different agendas—often partisan and politically motivated—will hijack this committee and its role to attack activities such as shooting and fishing. I was interested to hear the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) mention fishing a moment ago, but he did not include shooting. The Countryside Alliance rightly believes that the Bill lacks the necessary details and safeguards to prevent the committee from extending its reach to rural activities, and in Labour and other hands that is exactly where this committee will head.

This Bill emanated from the Lords, where on Third Reading the noble Lord Herbert said that proposed amendments defining sentience, limiting the committee’s scope, ensuring scientific expertise, and balancing provision for religious, cultural and regional heritage were all refused by the Government as “not necessary”. This committee will be another bureaucracy whose tentacles will reach far and wide. A partisan committee will bring with it division and hostility where there need be none. Why on earth a Conservative Government are driving a coach and horses straight at our core supporters and many others is quite beyond me. I very much look forward to dramatic changes to this Bill before I would even begin to support it.

[Kerry McCarthy (Bristol East) (Lab)]

It feels rather odd to be rising after three Tory Back Benchers in a row—the only three Tory Back Benchers who have spoken in this debate—have all criticised a Government Bill, so I am here to lend my support to the Government, and I hope the Secretary of State is grateful for that.

By the time the Bill becomes law it will be more than six years since the UK voted to leave the European Union. It is now more than four years since the hon. Member for Brighton, Pavilion (Caroline Lucas) moved an amendment to the European Union (Withdrawal) Bill, which I seconded, calling on the Government to recognise animal sentience, as enshrined in article 13 of the Lisbon treaty, in UK law. It is four years since the Government promised to legislate, although that was only in a bid to stave off a Back-Bench rebellion after a big public campaign urged MPs to support the amendment. It has to be said that Tory Back Benchers back then seemed a lot more enthusiastic about supporting animal sentience—perhaps that is what comes of recent electoral changes.

It has been nearly three years since I introduced my own ten-minute rule Bill on animal sentience. That was after we took evidence at the Environment, Food and Rural Affairs Committee and the Minister kept saying, “We really want to bring measures forward, but we need the right legislative vehicle.” So I introduced a ten-minute rule Bill and said, “Here’s your legislative vehicle on a plate,” but the Government did not seem interested. It is also nearly two years since the Petitions Committee debate in Westminster Hall and well over a year since the end of the transition period, so we have been waiting a long time. Forgive me if I am a little cynical, but I am not entirely convinced that the Government really wanted this legislation at all, and I think that was borne out by the contributions from the three Conservative Back Benchers that we have heard from so far today.

I thank the campaigners and members of the public who have emailed MPs, signed petitions and kept pressing, because that is why the Government have finally produced this Bill. This pattern of promising action on animal welfare but taking forever to act is typical of this Government. We have seen it on ivory imports, trophy hunting, live exports and foie gras imports, as well as on refusing to crack down on the cruel and environmentally destructive practice of grouse shooting or to close the loopholes that have allowed fox hunting to continue. It is beyond me why an MP would stand here and say that we need to amend the Bill so that we have the right to be cruel to animals just because that has been traditional in this country. That is not exactly the definition of progress.

Nevertheless, despite my concerns about the Government’s credentials, I am glad the Bill has finally come before Parliament, and with a significant win for campaigners—the recognition of decapods and cephalopods as sentient beings. A couple of MPs have said that sentience is not defined. One reason the Government gave for the delay to this legislation was that they needed to carry out research. They got the London School of Economics to do research, and the LSE said:

“Sentience (from the Latin sentire, to feel) is the capacity to have feelings. Feelings may include, for example, feelings of pain, distress, anxiety, boredom, hunger, thirst, pleasure, warmth, joy, comfort, and excitement.”

There we go: that is the definition of sentience. I would have hoped that those MPs would look at the LSE definition.

[Luke Pollard]

The point I made in my remarks was that the terms of reference that accompany the Bill actually include a definition of sentience, and it is very similar to the one my hon. Friend has read out. Would it not be better if that definition was included in the Bill and not hidden in the terms of reference?

[Kerry McCarthy]

That might be a matter for the Bill Committee, so that we avoid some of the criticisms we have seen. I hope that the recognition of the sentience of decapods and cephalopods will mean an end to gross acts of cruelty, such as unstunned lobsters being boiled alive in the cooking process. When the Minister winds up, I hope she can confirm that that will indeed become illegal if the Bill passes, as the LSE recommended in its research.

We know that the octopus is an incredibly intelligent creature. I was shocked to read recently that the world’s first commercial octopus farm is set to be established in Spain. The farm will not be on UK soil, but the Government could ban imports and outlaw any such farms in UK waters, again as proposed in LSE research.

As has been mentioned, there are concerns about clause 2, which requires the proposed Animal Sentience Committee to consider only the adverse effects of policy decisions on animals, not the positive effects. I was not entirely convinced by the Minister’s very brief response to the hon. Member for Brighton, Pavilion on that, and I hope the issue can be discussed in Committee.

I often say this in such debates, but I somewhat hate the self-congratulatory, complacent approach to animal welfare in this country. People are so very keen to boast of how good we are, but there are still many examples of where animals are abused and exploited. Industrially farmed animals can still face horrific, overcrowded and unsanitary conditions and be subject to abuse by those who purport to care for them. With live exports, we see animals suffering from thirst, overcrowding and overheating —again, in appalling conditions. The Environmental Audit Committee has just reported on poor water quality in UK rivers, and one of the key sources of water pollution was sewage run-off and agricultural slurry from intensive farming.

Undercover investigations from organisations such as Animal Equality and Viva! have exposed horrific conditions. Last year, it was revealed that cows were beaten with electric prods and sheep and pigs were slaughtered without adequate stunning at the G & GB Hewitt abattoir in Cheshire. We have seen reports of overcrowding, filthy conditions and even cannibalism among pigs on Hogwood Pig Farm. We have seen pigs being killed by having their heads slammed to the floor on Yattendon pig farm, chickens dying in heatwaves at Moy Park farm and chickens dying of thirst, suffering ammonia burns or resorting to cannibalism on multiple chicken farms that supply Tesco. All the farms I have mentioned were Red Tractor-approved, with supposedly higher animal welfare. We have a long way to go.

I echo what the hon. Member for Edinburgh North and Leith (Deidre Brock) said about the need to reduce dramatically the number of animal experiments, and the shadow Secretary of State’s concern about importing lower animal welfare standards into the country as a result of recent trade deals. All that leads me to a wider point about what we want our relationship with the animal kingdom to be. The reality is that biodiversity has plummeted by 60% since 1970, yet a staggering 60% of all mammals on this planet are now livestock, as industrial agriculture booms. Only 4% of mammals now are wild animals. That shows the impact that humans have had on the natural world: we have confined nature to farms and destroyed whatever is left outside them.

It is also estimated that since the dawn of human civilisation, 15% of fish biomass has been lost and 70% of global fish stocks are now either fully exploited or over-exploited. Renowned oceanographer Sylvia Earle recently said that humans treat oceans like a “free grocery store”, and called on us to respect marine creatures in the same way we do elephants.

Recognition of the sentience of animals is the first step in a better relationship with them, so I welcome the Bill and urge colleagues to support it—but recognition is one thing, and respect is another. If we truly respect animals, we must do a lot more than just pay lip service to sentience: we must end the exploitation and abuse of animals on factory farms; stop treating animals as commodities; end the hunting and shooting of animals for sport; and halt and reverse the devastating damage that we have done to the natural world. I hope that all those issues can come out as a result of this Bill. It is just a starting point, but it is important to get the concept of animal sentience on the record, and I am happy to support it.

--- Later in debate ---

[Jo Churchill]

I thank my hon. Friend for his intervention and for the letter that he recently wrote to me. We intend to do exactly that and I shall come to that in a moment.

The Bill delivers on our manifesto commitment and provides legal recognition that animals are sentient beings. As I have said, it is a tight, short Bill that establishes an animal sentience committee to consider how individual central Government policies and decision making take account of animal welfare. The Bill contains provisions to ensure that Ministers respond to Parliament in respect of reports published by the animal sentience committee. It establishes that committee and empowers it to scrutinise Minister’s policy formation and implementation decisions, with a view to publishing reports containing its views on whether Ministers have paid all due regard to animals’ welfare needs as sentient beings.

The Bill places a duty on Ministers to respond to the reports by means of a written statement to Parliament within three months’ sitting time and confirms that non-human vertebrates such as dogs, birds, decapod crustaceans and cephalopod molluscs and invertebrates such as lobsters and octopuses are sentient—that is, capable of experiencing pain or suffering. Together, these measures constitute a targeted, timely and proportionate accountability mechanism, as so aptly described by my right hon. Friend the Member for Bexleyheath and Crayford (Sir David Evennett).

The hon. Members for Brighton, Pavilion (Caroline Lucas) and for Oldham West and Royton (Jim McMahon) asked why the Bill talks only of adverse effects. It is because the Animal Sentience Committee’s role will be to encourage policy decision makers to think about the positive improvements they could make to animal welfare, rather than just minimising adverse effects. Meeting the welfare needs of animals means avoiding those negative impacts, as well as providing for positive experiences. The reference to an adverse effect allows the committee to consider whether a policy might restrict an animal’s positive experience.

I was asked whether the Animal Sentience Committee will produce an animal welfare strategy, and the answer is no. The Government’s current and future work on animal welfare and conservation is set out clearly in the action plan for animal welfare, and the role of the Animal Sentience Committee is not to devise future policy or strategy.

I was asked whether the committee could produce an annual report. That task is not established by the Bill, although that would not be necessary. There is nothing to prevent the committee from assessing improvements annually, if that fulfils its legislative purposes, or from issuing a report should it so wish.

[Luke Pollard]

The Minister slightly misunderstands the point. It is not that Members want the Animal Sentience Committee to produce an annual report but that we want the Secretary of State to have an annual parliamentary moment when the findings of those reports can be discussed and debated on the Floor of the House. Rather than being buried in a report in the House of Commons Library, will it be debated by parliamentarians?

[Jo Churchill]

I thank the hon. Gentleman, but I gently point out that there are plenty of other devices for ensuring plenty of parliamentary time. I am sure that we will unpick that in Committee.

Ministers will remain responsible for balancing animal welfare against other important matters of public interest. We are and will remain fully accountable to Parliament for that. My hon. Friend the Member for Huntingdon spent some time asking whether the Bill increases the risk of judicial review, and it has been carefully considered and worded to ensure there are only two areas in which we could instigate grounds for judicial review if Ministers fail to fulfil them: by not appointing a committee or by not bringing forward a report in a timely fashion.

I was also asked how the Animal Sentience Committee differs from the Animal Welfare Committee. The latter offers substantive expert advice, whereas the former is a scrutinising body—that is the essential difference. The Animal Sentience Committee is there to give another line of evidence and to help Ministers make decisions, but policy decisions are and will remain a matter for Ministers, for which they are accountable to this House.

Ministers are under no legal obligation to follow the committee’s recommendations. However, there is no point in having a committee that brings forward evidence unless we take it seriously. As I say, it will be balanced in the round to make sure competing interests such as the rural economy or a particular enjoyment, angling or whatever—all those things that are good for people’s mental wellbeing—are considered when we make our decisions.

The key point about the terms of reference is that the Animal Sentience Committee will be classified as an expert committee. It will be funded from within DEFRA’s existing budget and supported by a small secretariat. This will not run and run and be an unsupported Government quango, as suggested by my hon. Friend the Member for North Herefordshire. The Bill is drafted to keep sentience at the forefront of policy making and implementation, in line with its statutory functions.

Wide-ranging points were made by colleagues, which flowed into medical research and respect for people’s religious needs. The Bill is tight, and the reason it is a small, tight Bill is that it is important that we are aware that it does not change existing legislation. The committee does not make value judgments.

Hon. Members asked about the inclusion of decapod crustaceans, crabs, lobsters, molluscs, octopus and squid. I want to be absolutely clear about the reasoning behind the effects of that decision. At every point, it is about respecting and recognising animal sentience, and being scientifically led.