Animal Welfare (Sentience) Bill [Lords]

Neil Parish Excerpts

Report stage
Monday 14th March 2022 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

I am grateful for the opportunity to speak today on new clause 1 and an issue that is very close to my own heart, as hon. Friends will know, as well as those of many of our constituents up and down the country. Indeed, it was a privilege to secure a Westminster Hall debate last year on covid-19’s impact on animal welfare. That debate took place almost a year ago to the day and I am pleased that we are now in a very different place when it comes to legislating to protect the most vulnerable.

As has already been said by the shadow Secretary of State, my hon. Friend the Member for Oldham West and Royton (Jim McMahon), this Bill has been a long time coming. We have only now reached this point thanks to the hard work of Members in this place and the other place, who have campaigned ferociously on these issues for many years. They include my good friend, my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), as well as the former Member for Redcar, Anna Turley, who, were she still in this place, would be speaking passionately on this issue today.

I welcome the general thrust of this Bill to ban live exports and introduce animal sentience on to the statute book for the first time. It is also encouraging to see that animal welfare organisations such as the Better Deal for Animals coalition and Compassion in World Farming, and other charities including Hope Rescue, which is based near me in the constituency of my hon. Friend the Member for Ogmore (Chris Elmore), have cautiously welcomed the Bill, too.

I rise none the less to express concerns shared by several other Members that the Bill in its current form lacks scope and ambition. By making a specific provision that will allow our understanding of animal sentience to evolve as scientific research progresses, the Bill represents a brilliant opportunity to reinforce animal welfare legislation. We cannot let this opportunity pass us by.

As the Bill progressed through the other place, some sought to argue that existing laws, such as the 200-year-old Cruel Treatment of Cattle Act 1822, were sufficient to legally enshrine animal sentience, but that simply is not true. To rely on legislation from 200 years ago without seeing the need for modernisation would have been a kick in the teeth for animal lovers and activists across the country and fundamentally would have been a wasted opportunity. Our withdrawal from the treaty of Lisbon, which colleagues will be aware acknowledges animal sentience in article 13, renders those arguments completely defunct. We are now seeing the effects of how the European Union (Withdrawal) Act 2018 failed to transfer these principles.

Contrary to those remarks in the other place, there is a gaping hole in British law regarding the welfare of animals, and it is our responsibility to make those wrongs right. The Bill will go a long way to addressing that hole by again recognising the ability of animals to feel pain, excitement, joy and comfort, but the decision by the Government to not include a proactive animal sentience strategy, which Labour calls for in new clause 1, was incredibly disappointing. Compelling the Government to publish an animal sentience strategy would ensure that the Bill did not fall short of its aim to properly underpin animal welfare. Without it, the Bill in its current form risks being weaker than the European legislation it seeks to replace.

Let me be clear: animal welfare should be a priority for us all. I am pleased to say that, in Wales, the fantastic Welsh Labour Government are again ahead of the curve. The Welsh Government published their own animal welfare plan in November last year, and again it is disappointing to see the UK Government refuse to adopt their own in the Bill. After all, let us not forget that it was a Labour Government who introduced the Animal Welfare Act 2006. That is because we recognised that issues relating to animal welfare are issues that we must all be concerned by. Hope Rescue, to which I referred earlier, is one such charity that has been leading the way on animal welfare issues for some years and its sheer dedication to improving the lives of abandoned dogs is to be applauded. In partnership with other groups, such as Justice for Reggie, campaigning groups are plugging the gaps where UK Government legislation has failed.

Animal welfare is a complex, emotive issue that spans many policy areas. I am pleased to see this legislation reach its final stages in this place, but I urge the Government to be more ambitious in their approach to animal welfare more widely. I will continue to push that point wherever possible, particularly in my capacity as a shadow Department for Digital, Culture, Media and Sport Minister.

As the Government seek to finally tighten up the online space, my final plea to the Minister is to work with her colleagues across Departments on animal welfare issues specific to digital spaces, such as the sale of pets online. Now is the time to get that right. Only by working collaboratively can we truly tackle the root cause of those issues once and for all.

[Neil Parish (Tiverton and Honiton) (Con)]

It is a great pleasure to speak in the debate. It has been interesting to listen to hon. Members on both sides. I would argue that the Government have probably got the Bill about right, for the simple reason that Opposition Members are saying that it does not go far enough and Conservative Members are perhaps saying that it goes plenty far enough.

This legislation is better than the previous version because it will not be taken to judicial review. In about 2018, the Environment, Food and Rural Affairs Committee looked at the Bill as it was then and rightly decided, having taken legal advice and advice from others, that many of the actions that could take place could be judicial-reviewed and land up in the courts. There could have been a situation where much of our animal welfare was judged in the courts, rather than here in Parliament. Instead, it creates a committee that is put in place by the Secretary of State and then has to present a report to them. He or she will then make a decision about which route the Government will take on animal welfare. I believe that that is the right situation.

I support the amendment in the name of my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown). We have argued many times in this Chamber, and I even argued in the European Parliament, that European legislation often had no flexibility about it. On this occasion, of course, it did have flexibility when bringing animal welfare legislation forward. As we brought legislation over as a result of Brexit, however, we did not include those clauses, which is why we are in this predicament. I have real sympathy for the Minister because she is dealing with an interesting situation: she is trying to balance the needs of animal welfare with the perceived needs of animal rights. That is the issue.

It is interesting that, in tonight’s debate, we have talked all about DEFRA. Much of it is about DEFRA, but we must remember that the Animal Sentience Committee will deal with the whole of Government. So when someone is building a bypass or building houses, the effect of all those issues on sentience will be considered. I admit that I am still interested to know how the committee will deal with all that. How will the Secretary of State for Transport or the Secretary of State for Levelling Up, Housing and Communities deal with it? It will have a big job to do.

If the committee is set up in the right way with the right people on it, so that they can make a judgment about what is right in practical terms for animal welfare, it can work, but it is very much about how it is set up, who the chair is and who the members are. We must ensure that we have a balance of opinions so that, with the right methods of building, we can build our roads and our homes and we can carry on farming in our traditional ways.

[Sir Geoffrey Clifton-Brown]

To the point that my hon. Friend has rightly made about the cross-cutting nature of the Bill across Government Departments, I quite like that. For example, the Department for Education might educate people on how to look after pets properly. There are many useful areas where the Bill could have a role.

[Neil Parish]

My hon. Friend makes a good point. We now have charities that take dogs into schools to ensure that people can look after a dog or their pets properly. Most families do so, but unfortunately there are families who do not. That is where it is absolutely necessary and that is why I am not negative about the Bill. I do not think we ever needed to get to this place, but, as they say, we are where we are. That is why we have this Bill. A lot relies on the Secretary of State to get it right. I believe that it can be made to work across Government, but I am still intrigued as to how all those Departments will take notice of this powerful Animal Sentience Committee.

[Sir Roger Gale (North Thanet) (Con)]

At the opening of my hon. Friend’s remarks, he indicated that he thought the Bill was pretty good as it was and that he feels, as I do, that if the Opposition are criticising it and some Conservative Back Benchers are criticising it, it is probably about right. Does he agree that there is not a single amendment tabled by the Opposition or Conservative Back Benchers that would improve the Bill one iota? We ought to leave it exactly as it is.

[Neil Parish]

I would probably make an exception for amendment 2, but my hon. Friend makes a good point that amending legislation sometimes does not work in exactly the way we want it to work. I do not often give much praise to the Government, but on this occasion they have probably worked hard on the Bill to get it where it is. It is in a much better place than it was.

I will also talk briefly about new clause 5, which is an interesting amendment about water companies and pollution. The key to the water companies and pollution in our rivers is that we are about to have a new chair of Ofwat. The Secretary of State is looking at candidates and the EFRA Committee is about to look at whoever he or she might be. The new chair has a very big job to do, because—let us be blunt—the water companies have paid their shareholders and directors too much and have not put enough into infrastructure.

At one time, a previous Secretary of State was keen to bring forward legislation to ensure that more pressure was put on the water companies to deliver, because it is not just about putting up bills to get more infrastructure to stop pollution; it is about ensuring that water companies invest in building the infrastructure. I would not go as far as the Opposition parties want and nationalise the water companies, but I would apply some thumbscrews to them—only metaphorically—so that they really make a difference on the investment that they make. Hon. Members on both sides of the House know well that water companies should not be discharging into rivers when there is an overflow from treatment plants, many of which have not had the investment that they should have done over the years.

In fairness to the water companies—I do not like being fair to them—we should remember that, after going through education, health and all the other sectors, when they were nationalised they had not necessarily had the amount of investment that they had needed over the years. Since they were privatised, therefore, there has been a lot of investment by those companies, but it has not been enough, which is why we now have an opportunity to get it right. I am not sure, however, that the Bill is the right place for such a provision. I think we should be beefing up Ofwat and taking on the water companies directly.

The Opposition are saying that we are not creating greater biodiversity, but I do not accept that. I believe that we are and that all our policies are destined to do that, but we have to get the balance right. We see Putin and his dreadful regime inflicting this horrendous situation in Ukraine, murdering innocent people. Ukraine is the breadbasket of Europe and, in many respects, of the world. Therefore, as we move towards greater biodiversity, we must also ensure that we have good food production, with enough food being produced. We have to get that balance right.

I may have journeyed slightly away from the Animal Welfare (Sentience) Bill, but we have to be concerned about getting enough food. Food and energy security—these basics of life—are so important to us now. Let us get the Bill through and ensure that we set up the right committee, with the right chair, to ensure that proper animal welfare is considered, that there are practical ways of dealing with this issue across Government, so that it does not end up in the courts, and that the committee makes sensible decisions that are passed to Parliament, through the Secretary of State, to make sure that the Bill works in practice.

I support amendment 2 and I will support the Bill, but I think we have probably made very heavy work of getting here.

[Kerry McCarthy (Bristol East) (Lab)]

The Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), is quite right that we have made heavy work of getting here. We have probably at times shared the view that we would not get here, so I welcome the fact that we have done so. I am not sure why some Government Back Benchers are so upset about the Bill, because it is pretty weak, although the test will be who is on the animal sentience committee once it is up and running, and what decisions they make and are allowed to make, so we reserve judgment on that.

I will speak briefly in support of new clause 1. It was rejected by the Government in Committee, although I am not sure why. It would require the preparation of an animal sentience strategy and annual statements on progress towards that. That would lead to a more proactive approach to sentience from Ministers. One of the amendments I tabled in Committee would have removed the word “adverse.” The new animal sentience committee’s job is to look at the “adverse effects” of policy. The hon. Member for The Cotswolds (Sir Geoffrey Clifton-Brown) said that it would be able to look at kids learning in school about how to be nice to pets, but that is not the purpose of this committee. Its purpose is to look at negative things, but I think it would help if it could also look at the positive side of things.

Having an animal sentience strategy in place would force the Government to set out how they would respond to relevant reports, assessments and research, and it would be more proactive. Improving animal welfare should not just be about protecting where we are; it ought to be a constant, iterative process, because where we are simply is not good enough, whether because the laws are not strong enough or because enforcement does not happen.

--- Later in debate ---

[Dr Hudson]

The hon. Lady makes a valid point. She is a proud champion for animal welfare on the Labour Benches. We must look at that issue closely. Brachycephalic dogs, and dogs that have had horrific mutilations—I touched on the point about cropped ears—are being popularised in culture, with celebrities having those dogs, unwittingly endorsing such procedures. We must be careful about publicly endorsing dogs and animals that have had some of those procedures, as well as some of the breeding procedures that make those animals struggle in later life. Owners take on some of these dogs in good faith, and have no idea of some of the unintended consequences of such breeding patterns.

I mentioned ear cropping in dogs. The RSPCA has reported that in the past year, the incidence and reports of such dogs has gone up by about 86%. We do not need to wait for a law to come in or for primary legislation; we can crack on with secondary legislation and ban the import of dogs that have had their ears cropped, and potentially of cats that have had their claws removed. Instead of consulting, with secondary legislation we can crack on with some of the important health checks. If animals are being moved into this country, we should be doing checks on those dogs for things such as brucella canis. We should be reinstituting the rabies titer checks. We can reverse the change that the European Union made when it removed the need for mandatory tick treatment for small animals coming into this country. We can reverse that in secondary legislation to protect the health and welfare of those dogs and animals being brought into the country and, importantly, to protect the health and welfare of animals in this country. This is about biosecurity, and health and welfare needs to be thought about in the round.

The Environment, Food and Rural Affairs Committee has had some thoughts and comments for the Government about sorting out the digital identification of horses. Again, I welcome that the Government are consulting on that, but we need to crack on. If we can identify those animals, we will stamp out the illegal movement of animals to the European Union for slaughter.

[Neil Parish]

We have a system up and running with which we can electronically identify the horses. We have to roll that out here and get it recognised by the European Union. There is a good animal welfare reason, as well as a good movement reason for it, and I urge DEFRA Ministers to move—dare I say it?—a little faster.

[Dr Hudson]

I could not agree more with my hon. Friend. I urge Ministers to move quickly on this. We must identify horses so that we know why they are moving and can stamp out the illegal movement of hundreds, potentially thousands, of those animals that are moved for slaughter. That is important. Much as I am keen on making decisions from an evidence base, there comes a time when we do not need to keep consulting. The evidence is out there. Let us act; let us do it now.

I have raised this point with Ministers many times, as have Government and Opposition Members: if we are bringing in animal sentience legislation, let us have joined-up animal health and welfare legislation in practice now. For instance, as we speak, pig farms in the United Kingdom are still in crisis with more than 40,000 pigs having been culled on farms and not gone into the food supply chain. That is horrific. It is incredibly upsetting for the farmers, the vets, the slaughter workers and everyone concerned. It is an awful thing to do. Again, I firmly push the Government on that. I know that the Minister has been convening summits and working well with the sector, but we need action to put pressure on the food processors as well as work with the Home Office to sort out the visa situation to mitigate the crisis.

Many of those are workforce issues that have been exacerbated by Brexit and covid, but they are now having implications for our food security, as was mentioned by my hon. Friend the Member for Tiverton and Honiton (Neil Parish). They may also become an animal health and welfare problem. Let me give an example from the veterinary sector from a professional viewpoint. Since Brexit, the number of EU vets registering in the United Kingdom has reduced by a factor of about two thirds, and about 90% to 95% of vets working in the meat hygiene sector come from the European Union, so that reduction is producing a real crisis. We are short of not just workers but vets in the slaughter sector. In parallel, in the veterinary sector there is a huge increase in the time and demands on veterinary surgeons. Throughout lockdown, people have been taking in pets—we had the puppy boom—so the pressure on small animal veterinarians has gone through the roof, and, with Brexit, the pressures from export and import certification have also gone up. We therefore have a real crisis in the sector; it is a perfect storm that we really need to address.

On the EFRA Committee, we have made recommendations about keeping an eye on veterinary workforce issues and, again, that goes cross-departmental. For instance, I have been calling for an EU-UK veterinary, sanitary and phytosanitary agreement, which would smooth the movement of animal and plant produce between the UK and the EU. That would help with trade and help solve many of the issues we face between GB and Northern Ireland. I ask the Government to work across Government and with our European colleagues, because, if we could secure such agreements, that would take pressure off some of our workforce issues. That would also be of huge benefit to the country’s biosecurity.

Finally, I urge the Government not to lose their nerve on some of the welfare promises we made in our manifesto and in policy. I sincerely hope that media reports about the Government potentially dropping the ban on imports of farmed fur and foie gras are false and that they will keep going with what they promised. Some in my party have been reported in the media as saying that it is a matter of frippery or of personal choice—they should tell that to the animals farmed for their fur and to the birds with a tube rammed down their throat who are force-fed to make their livers pathologically fatty for some culinary delicacy. I firmly believe that we should hold our nerve in the Chamber and in the Conservative party and forge ahead with our promises, because that is the right and proper thing to do.