Animal Welfare (Sentience) Bill [Lords]

Tim Farron Excerpts

2nd reading
Tuesday 18th January 2022 Commons Chamber

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is an honour to follow my constituency neighbour, the hon. Member for Penrith and The Border (Dr Hudson). He made a comprehensive speech, and, not for the first time, I agreed with the colossal majority of what he said. It is also a huge honour to follow the new hon. Member for Old Bexley and Sidcup (Mr French), who spoke earlier. I congratulate him on an excellent maiden speech—I know it is customary for us to say that, but it genuinely was an excellent maiden speech. He represents a beautiful part of the country, which he described very well. I had no idea that Kate Bush owed something to his constituency, but that is massively in its favour from my perspective.

The hon. Gentleman also spoke fondly about his predecessor, the late James Brokenshire, who entered the House on the same day as me, and of whom I was always fond. People speak fondly of James because of the way he conducted himself. It is sometimes very easy to say, “I like X”—a member of another party—“because we agree on certain issues”, but it was not that I considered James to be a particularly liberal Tory, although he may have been. That was not the point; it was how he conducted himself in this place, in meetings, and in all that he did. He showed grace and decency, he treated people as he found them, he was utterly honourable and trustworthy, and he was a very competent Minister. We miss him hugely.

We also welcome the hon. Gentleman massively, and I look forward to hearing many more speeches from him. He spoke today with great knowledge of the subject of the debate and with great insight, and, for what it is worth, I agreed with what he said. I think we may have reached a stage at which the number of Conservative Members who have spoken in favour of the Bill matches the number who have spoken against it, which is good to know .

I am broadly in favour of the Bill, because I think that how we treat animals is a moral indicator of how we are as a culture and as a society. It is a measure of our own humanity, so it is right that we as a country are proud of being a nation of animal lovers. Often the way to get any group of people to behave well is to remind them of how good they are, so it is important that we cling to this self-definition; but it is also important that our legislation follows that, so we will of course support the Bill’s Second Reading.

As a member of the European Union, this country, through article 13 of the Lisbon treaty, enshrined the acknowledgement of animal sentience in legislation. I welcome the fact that—following an unnecessary delay that has been mentioned by a number of Members on both sides of the House—we are now closing that gap. However, I think that the Bill represents a missed opportunity. Members do not need me to remind them of my views on whether it was wise to leave the European Union, but in the case of a number of aspects of our departure, we have opportunities to go one better than how the EU left us. In respect of the legislation at least, we have ensured that in theory we will now be no worse than we were in the EU. In practice, though, as several Members on both sides of the House have pointed out, if we sign trade deals with countries whose animal welfare standards are poorer than ours, we will put ourselves into a position where we are worse than we were before.

The most recent example is our trade deal with Australia. It is important to recognise that the Animal Sentience Committee will have no powers, as far as we can tell, to ensure that those deals—and further deals in the future—do not undermine animal welfare. It is not just a question of the treatment of animals and recognition of their sentience within the borders of this country; it is also a question of how countries that we deal with, in our name, treat those animals. If sovereignty means anything, it means our ability to affect other countries in so far as they relate to us; in the trade deal with Australia, we have failed to do that. This is true on three counts. When it comes to husbandry, I do not need to explain much about how the geography and the nature of farming in Australia differ from ours in the United Kingdom. The vast plains and the ranch-style farming in Australia mean that, to a large degree, there is no husbandry there.

[Dr Hudson]

I gently disagree with the hon. Member. Although he and I agree on many aspects of what we are discussing, as a vet who has worked on farms in Australia, I think he is making a very sweeping statement about the calibre and nature of farmers across Australia. He is correct that the geography and environment there is very different, but I can tell him from personal experience that many, many farmers out there farm to the highest standards, including when it comes to animal husbandry. To say that Australia has no animal husbandry is, frankly, incorrect.

[Tim Farron]

I thank the hon. Member for his intervention. He will recognise, particularly having been in Australia, the nature of that husbandry. In Cumbria, the welfare of livestock is tended to week in, week out. As many of my constituents who have farmed in Australia have informed me directly, the first time that someone in Australia knows that one of their animals might be ill is when they find its sun-bleached bones on the plains the following season. That is a different form of farming. Australians are not instinctively cruel people; that is not the point I am making—[Interruption.] I am sure that Members on both sides of the House understand that. I am saying, however, that lower standards are cheaper, including standards that do not require mandatory closed circuit television coverage in abattoirs, which we have here, or the restrictions that we have here on the transportation of live animals.

Given that we know that poorer welfare standards are cheaper, these trade deals—particularly the one with Australia—offer a financial and economic market advantage to countries with poorer standards than ours that export to us. That not only undermines the morality of the UK’s commitment to high animal welfare, but massively undermines our farmers. Every farmer in Cumbria and the rest of the United Kingdom suffers because the UK Government have chosen to do a deal with a country that we have much in common with, but that does not acknowledge the animal welfare issues there. That is why the Animal Sentience Committee and the recognition of sentience in the Bill, which I support, will not have an effect on all the animals affected by decisions taken in this place. This is an abuse of an opportunity—a missed opportunity—and a waste of our sovereignty, but the Bill is good in so far as it goes, so I welcome it and will vote for it.

I do criticise those Members—not my neighbour, the hon. Member for Penrith and The Border, but some of his colleagues—who have been critical of the Bill not because it does not go far enough, but because it goes as far as it does. They are wrong in that. People have said that the Bill is a threat to farming, but it is no such thing. I speak to farmers throughout my communities and further afield, and they welcome the Bill. They are committed to animal welfare—it is in their DNA.

We should recognise, however, the threat to farmers from trade deals, and from the Government’s dogged insistence on phasing out the basic payment scheme before the arrival of the new environmental land management scheme. Just last month, farmers lost between 5% and 25% of their basic payment, and there is no sign, even slightly over the horizon, of anything to replace it. That will put small British family farms out of business, and there will be a knock-on effect on animal welfare, because part of the reason for our animal welfare culture and why our standards are as high as they are in this country is that they are based on the model and example of the British family farm.

Although I welcome and will support the Bill, and think that there is much to be said for it, I want to rush through some areas where things need to be improved. First, I hope that the fact that the duty to enforce recognition of animal sentience falls on the committee and not primarily the Secretary of State will be changed during the passage of the Bill. That is not right; it gives less responsibility and power to the Secretary of State.

I am also very concerned that clause 3 requires the Secretary of State only to lodge before Parliament a response to reports from the Animal Sentience Committee. That could be a two-line dismissal, and then what would we do? I guess the Opposition could call an Opposition day debate, and we could ask questions at Department for Environment, Food and Rural Affairs questions, but as the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) said, the opportunities for scrutiny are minimised. The task of initiating these things is all put on Opposition Members or Government Back Benchers. Set pieces will not be a part of the process, and it would be entirely possible for the Secretary of State effectively to dismiss any report pretty perfunctorily.

As has been said by a number of colleagues from across the House, we should not treat this matter purely in the negative, although unfortunately at the moment the Bill does that. If we are so proud of our heritage and our high animal welfare standards, why is the committee and its work not about promoting good practice around the country, and in every aspect of our life in so far as it impacts animals, as well as about trying to stamp out bad practice? Again, that feels like a missed opportunity to have gone further and done better. As I have strongly implied, the Animal Sentience Committee should have the power to comment on trade deals. My fear is that, on those matters, it could end up—a bit like the Trade and Agriculture Commission—being a watchdog that may bark occasionally but does not have very much bite. The Government are certainly under no compulsion or obligation to take any notice of it whatsoever.

Many animal welfare charities have expressed concerns to me about the lack of resource for the Animal Sentience Committee. I acknowledge that point, as it goes with our concern about the absence of parliamentary scrutiny and the relegation of these serious issues to a body that is one place removed from this place. The committee chair will be “hired”, for want of a better word, for 20 days a year, and members of the committee for 15. There is no dedicated secretariat—I understand that will be provided by DEFRA staff—and no obvious independent budget. All that adds up to just about ticking the box, and just about copying what the EU did, but without anybody watching over our shoulder. Meanwhile, we are not doing anything. We are meant to be a global trading nation whose footprint and impact is felt around the world. What a missed opportunity to make that impact and do something good when it comes to animal welfare. So this is not three cheers; it is perhaps two, or more likely one, but it is better than nothing, and I will vote for the Bill.

--- Later in debate ---

[Sir Bill Wiggin (North Herefordshire) (Con)]

First, let me draw the House’s attention to my declaration in the Register of Members’ Financial Interests, because I farm. What a delight it was to listen to such a full tribute to my friend James Brokenshire. He was a lovely man and a good friend, and we miss him very much. He has a worthy successor in my hon. Friend the Member for Old Bexley and Sidcup (Mr French). What large shoes he has to fill. I am sure that he will do his very best.

Concern for animal welfare is, as everyone has said, something on which we pride ourselves in this country, and on which we already lead globally. The sentience of animals has long been recognised in this country, as is evidenced by the animal welfare legislation passed by Parliaments over the last 200 years. My great-great-grandfather was the MP for somewhere in Birmingham—I think it was Yardley. I asked the Library to look up any speeches he made in 1885, and all it could find was a speech on rabbits and hares. Here I am, 137 years later, still on animal welfare. Nothing has changed because we care about sentience in animals. That is not going to make the Bill necessary. The Bill is completely unnecessary.

Every Member who has spoken in the debate has listed things that they think are more important than the Bill when it comes to animal welfare. They are right. There are so many things on which we could do a better job. Parliamentary time is not an endless opportunity. This is the place for Governments to bring in changes and improvements to the lives we and our constituents lead. We are elected for fixed periods of time, so every day is precious, and every opportunity to improve, simplify or even tweak our legislation is both a privilege and an obligation. That is why unnecessary tokenism and gestures, although they might feel nice, are a missed opportunity. The Bill is one of the best examples of that—glittering with good intentions, just like the road to hell, but absolutely and completely unnecessary.

First, the Bill creates an open goal for prevention. If someone wants to prevent a planning application, they can refer it to a quango and get a three-month report. There are questions about the proposed committee that will be formed to determine whether the sentience of animals has been considered by Government policy. What happened to the bonfire of quangos? DEFRA has already created a quango in the Environment Act 2021, and now it thinks we need another one. It is not so much a bonfire of quangos as a breeding ground for quangos. While most life forms fall under the scope of the Bill, the taxpayer, that most undervalued of vertebrates, would appear not to do so.

Parliament has always proceeded on the basis that animals are sentient, and has legislated for animal welfare as a result. The definition, or lack thereof, in the Bill is somewhat irrelevant. What animals are considered to be sentient can be changed to suit. All this will do is prevent things. Want to plant more trees, build more houses, improve infrastructure or open a new power station? None of that will be straightforward, just in case we might hurt the feelings of a mouse or a cuttlefish in the process. [Interruption.] Yes, cuttlefish are cephalopods.

The Bill directly contradicts our pledge to level up this nation. My constituency has a moratorium on house building because of phosphate pollution in the River Wye. House building is proven to contribute only a tiny fraction of that pollution, but house builders and aspiring homeowners are being punished. The Bill will be terrible news for those people, as undoubtedly, in the wildest, most natural and beautiful of constituencies, some lovely creature will be discovered in situ. Its sentience will now need to be considered and more unelected bodies will have the power to subvert the building of those much-needed homes. What is conservative about that?

The core aspect of the Bill is to embed consideration of animal welfare into the policy decision-making process, as if we could not manage that by ourselves. That consideration will be made by the Animal Sentience Committee, an opaque body. To the naive, that will appear a noble stance for the Government to take. However, there are serious misgivings about what the committee will set out to achieve. The role of the committee is apparently to scrutinise not the substance of the policy decisions, but the process by which the decisions were reached and whether all due regard has been paid to animal welfare. However, the draft terms of reference suggest that the committee could have a role in scrutinising policies. That would be at odds with the very legislation bringing it into existence.

My question to the Minister, therefore, is who the membership of the committee will report to. Will it be at arm’s length? Most importantly, what safeguards will be in place to ensure that the committee will not act as a vessel by which farming, wildlife management and the rural economy are attacked? If anyone has any doubts that that might happen, they should listen to the contributions of Opposition Members. The way in which the Bill has been greeted should fire off the alarm bells in everybody’s minds. Greater detail is needed on what this committee is truly being set up for and what its aims are. We already have thousands of quangos in this country, and if we are not careful we will descend into the quagmire of anti-democratic legislation.

This is a crucial time for agriculture and rural life in the UK. As we leave the common agricultural policy and move to the environmental land management scheme, many farmers will be concerned about what the future holds. The Conservative party is a party of the farmer, for the farmer, so let us ensure that future animal policy recognises the calibre of our farmers, their land management practices and the deep care they have for their animals. They have not asked for this Bill, and they do not need it. This Bill is a waste of time and utterly unnecessary—

[Tim Farron]

Will the hon. Gentleman give way?

[Sir Bill Wiggin]

Yes. I am about to go into one, so I will happily give way.

[Tim Farron]

The hon. Gentleman outlines what he thinks are threats to farmers, but I do not agree that the Bill is a threat to British farmers. However, he alluded to the transition from basic payments to ELMS being a threat, and in that case I think he is right. Would he recommend that the Secretary of State pegs basic payments at their current level and keeps them there until ELMS is available for every farmer?

[Sir Bill Wiggin]

It is difficult for me to answer that, because I am a member of the ELMS pilot scheme, so I am deeply involved in the formation of ELMS. What I would say is that public money for public goods is the right way forward, with carbon captured in the soil and a corresponding payment made to farmers so that we can balance up the subsidy deficit that British farmers will face compared with their European competitors. At the end of the day I do not believe in subsidy for anything other than agriculture, and we subsidise only in order that our goods are competitive globally—if do not pay our farmers enough, our produce will not compete internationally and our farmers will be at a huge disadvantage.