Sentience and Welfare of Animals

Victoria Prentis Excerpts

Monday 16th March 2020 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

It really is a pleasure to serve under your chairmanship in this important debate, Sir Roger. I am not sure that we have yet reached a point on animal welfare where we are sharing glory, but if there is glory to be shared, you should certainly have a part in that, as should many of the hon. Members who have spoken in today’s debate. I recognise that many hon. Members here have been involved in this area for a long time and will continue to be involved, and that is to be welcomed.

I thank in particular the Petitions Committee and its representative in this Chamber, the hon. Member for Bristol East (Kerry McCarthy), for giving us the opportunity to discuss this important subject. I also thank the 104,000 people who signed a petition to say that it is important that the House have this debate.

I start by saying that we should be proud of this country’s animal welfare record. In preparing for the debate, I had a little look at the history books. We started legislating for animal welfare in the 1830s—a long time before we put into place many other provisions that we would now consider essential, such as for the protection of children—so it is true that we are keen on protecting animals in this country.

It has never been in dispute that, of course, animals are sentient beings. Today’s debate demonstrates once again that we are a nation of animal lovers. All colleagues will know how deeply their constituents feel about these issues. We see that all the time in the love and money that people give to animal charities. We have heard today about the work that the Barnsley Brownies have been doing, and the excellent work that Give a Dog a Bone has been doing in East Renfrewshire. I pay tribute to all those who are involved in that way.

[James Daly]

If we are mentioning community groups, I must speak up on behalf of my constituent Helena Abrahams, who runs Gizmo’s Legacy. We talk about how we treat animals and how important they are to us, but, as the Minister knows, thousands of cats are disposed of every year without being scanned for a chip by local authorities. Cats are part of the family and need to be returned home rather than simply thrown into landfill. Will she agree to meet me or Ms Abrahams to discuss the matter further?

[Victoria Prentis]

It will give me enormous pleasure to agree to meet my hon. Friend to discuss that. I am a former officer of the all-party parliamentary group on cats and, indeed, the proud keeper—I certainly would not call myself the owner—of Midnight, voted parliamentary cat of the year the year before last. He definitely keeps me fully under control and has no difficulty in telling me about all his welfare needs.

Until 31 December, we are covered by article 13 of the treaty on the functioning of the European Union, but the Government have committed to introducing new laws on sentience, as we heard many times. We had an extremely clear manifesto commitment to do that, and I confirm that we will do so as soon as we can, but I am sadly unable to say exactly when that will be.

Obligations on keepers of animals under the Animal Welfare Act 2006 make it an offence to cause unnecessary suffering to any animal, and anyone responsible for an animal must take reasonable steps to ensure that the animal’s welfare needs are met. At this point, I thank those vets, charities and animal welfare organisations working around the clock with Department for Environment, Food and Rural Affairs officials in these difficult times of reacting to the spread of the coronavirus to develop guidance for pet and livestock owners. We want to help owners and keepers to take proportionate hygiene measures while supporting animal welfare.

My hon. Friend the Member for Southend West (Sir David Amess) spoke of the comfort that animals can give us in these frightening times, which was an important, well-made point. We are pleased to support the Animal Welfare (Sentencing) Bill, a private Member’s Bill introduced by my hon. Friend the Member for West Dorset (Chris Loder), who has just popped out of the room. It had its First Reading on 5 February 2020. It is the same Bill that the Government introduced in the last Parliament, and this small but critical piece of legislation will increase maximum sentences for animal welfare abuses tenfold, from six months to five years. It was good to hear the breaking news during the debate that we will next hear about this important Bill on 12 June.

I understand the concerns raised about the loss of protections as we leave the EU. I have never spoken ill of Government lawyers, and I certainly would not like to start now, but article 13 of the Lisbon treaty was proposed and promoted by UK Government lawyers. It states, as I think we all agree, that animals are sentient beings and that the EU and member states should pay full regard to the welfare requirements of animals when formulating and implementing policies, but only in relation to a limited number of EU policy areas. Article 13 also provides some wide-ranging exemptions for cultural and religious practices and so on. It does not—I hesitate to criticise it, but we must—confer directly applicable rights or legally enforceable requirements. Frankly, it does not provide the sort of protection for animals that we want going forward.

Now that we have left the EU, we have the opportunity, as my hon. Friend the Member for Southend West said so powerfully, to do things differently and in a way that reflects the importance we attach to animal welfare. Of course, what really matters is that we can enforce standards of animal welfare. I listened with interest to my hon. Friend the Member for Bury North (James Daly). We must find a way to ensure that sentencing acts as a deterrent, and I am extremely happy, given my legal background, to have many conversations with him about that, so we shall take that offline.

We have some world-leading animal protections in place in this country. The hon. Member for Pontypridd (Alex Davies-Jones) will be pleased that we have introduced a ban on the commercial third-party sale of puppies and kittens, known as Lucy’s law, and I pay tribute to the charity from her constituency that worked on that. The ban will help to clamp down on puppy farming and to ensure that our much-loved pets have the best start to their lives. It comes into force on 6 April, which will be welcomed.

[Alex Davies-Jones]

My birthday.

[Victoria Prentis]

On your birthday? That is good news. We have coupled the ban with a very effective public awareness campaign—not everything is to do with legislation; there are other methods of getting the animal welfare message out there—called “Petfished”, on how to source puppies and kittens responsibly and how to watch out for the tricks that clever and deceitful sellers use in this area. I encourage all those who have not seen it to have a quick google.

The Wild Animals in Circuses Act 2019 recently came into force, ensuring that wild animals can no longer perform in travelling circuses. CCTV is now mandatory for all slaughterhouses in England. We also support the Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which increases protections for police animals. It was mentioned by my neighbour, my hon. Friend the Member for Henley (John Howell). I spoke from the Back Benches in favour of that Act, as I think he did, and I met Finn, which was truly an honour.

The Government will introduce the necessary legislation on animal sentience as soon as we can, and I look forward to debating the details of the legislation with Members, particularly those present. Several useful points have been made during the debate, which I will take back and feed in.

There is considerable and growing interest in cephalopods and decapod crustaceans and whether they are sentient. At DEFRA, we have to follow the science, and because we want to ensure that this matter is progressed, we commissioned an independent review of the science on the sentience of those creatures, as the hon. Member for Bristol East said. A tender for the review was published on 6 March, and its findings will provide us with a robust scientific view later this year. I do not know the history of this matter, I am afraid—I have been the Minister only since just before the review was commissioned—but I think it is important that we look carefully at what that review says. It will be a full review of the evidence out there, and I look forward to sharing it and discussing it with the hon. Lady.

[Kerry McCarthy]

I sort of look forward to that, but if the research is due to run from May to November, and if this legislation has to be in place by the end of December, and given that we will obviously break up for Christmas, when will we actually have that debate? What is the window for that legislation to be brought forward? I do not see that it can make it.

[Victoria Prentis]

While absolutely committing to bring forward the legislation at some point, I am not committing to bringing it forward this year, which I am seeking to explain is not necessary because other protections are in place.

I have listened with interest to discussions on sentience, including on whether a new animal welfare advisory body should be created. It is clearly important that the Government receive the right expert advice when assessing the impacts on welfare needs. Various models might be appropriate. DEFRA already has an animal welfare committee tasked with providing independent, impartial advice to Ministers on welfare matters. We heard from the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) about the introduction of the Scottish animal welfare commission to provide advice on sentience. It undertakes interesting work, and I assure the hon. Gentleman that we follow the progress of that commission extremely closely. The Home Office’s Animals in Science Committee advises on all matters concerning the use of animals in scientific procedures. There are a number of models that we can choose from, and we are actively exploring the options.

I thank the hon. Member for Bristol East for securing the debate on this important issue. I know that she attempted to introduce a private Member’s Bill on it in the last Parliament. Unfortunately, there was no parliamentary time to debate it, but I look forward to debating our new proposals with her when we can bring them forward. The Government place great importance on the welfare of animals, and the measures I set out demonstrate the steps that the Government have taken, and continue to take, to strengthen our high animal welfare standards.

I end, because it is important that I do this, by putting to bed the ghosts of the hon. Member for North Ayrshire and Arran (Patricia Gibson) and reaffirming, whether necessary or otherwise, that the Government are absolutely committed to maintaining high standards of animal welfare, food security and environmental protection. The Secretary of State, as the shadow Minister rather teasingly referred to, is very committed to high standards, as am I. Chlorinated chicken is absolutely not allowed under English law; it is simply not something that we have to worry about. High standards are here, and we hope that higher standards will come in the future. Nobody need be worried about spooks in the night.

[Sir Roger Gale (in the Chair)]

I call Kerry McCarthy to wind up the debate.

--- Later in debate ---

[Kerry McCarthy]

Okay. I will not take up that much time.

The Minister’s response has left me thoroughly confused and more than a little concerned, and I think that the people from the campaign “A Better Deal for Animals”, some of whom are watching here today, will be equally alarmed by what she said. It might not have been my belief, but my understanding was that the Government were committed, in their manifesto, to introducing the law as soon as possible. First, there was the original promise. Let us not forget that there was going to be a Back-Bench revolt. New clause 30 had been introduced by the hon. Member for Brighton, Pavilion (Caroline Lucas). The Government were going to lose on that. The Government made a promise that they would legislate, so that they did not lose. They bought off their own Back Benchers, as well as the Opposition, by promising to legislate.

Therefore, there was a promise to legislate before Brexit, which has turned into a promise to legislate before the end of the transition period. There was a manifesto commitment to do this as soon as possible, but the Minister has just said that it might well not be this year.

[Victoria Prentis]

It is important to clarify this matter, as the hon. Lady has raised it specifically. The manifesto commitment is to bring forward the legislation as soon as possible. That is absolutely our position and that is what we will do. However, being realistic, we are in an emerging situation. We do not know what will happen over the next few months, and there are three very important DEFRA Bills going through both Houses of Parliament. I cannot, in those circumstances, absolutely swear to her that it will be this year. I tried to give reassurance in my speech that we already have animal welfare safeguards in our law, but the Government’s position remains the same: we will bring the legislation forward as soon as possible. Unfortunately, I do not know exactly when that will be.

[Kerry McCarthy]

The manifesto was obviously for the election towards the end of last year, and we then had a Queen’s Speech. One would have thought that if there was a manifesto commitment to do something as soon as possible, the Bill would have been mentioned in the Queen’s Speech. I appreciate that there are pressures on DEFRA and I certainly appreciate that there are many more pressures on the Government now than there were back then, but I do not think that we can use the coronavirus as an excuse for not having put something in the Queen’s Speech when none of us knew about that at the time. My concern is that the Minister seems to be trying to have it both ways by saying, “We will legislate; we have promised to legislate,” while also saying, “We don’t really need to legislate.”

This might genuinely be the Government’s view: “We do not feel that we need to legislate; we already have protections in law, but we know that at some point we will have to bring in a law, because we promised to do that to get out of an awkward situation.” We saw that with the Bill that became the Wild Animals in Circuses Act 2019. That was a far smaller matter, but again there was, I think, an Opposition day debate, and a huge number of people were supporting the change. Then it was dragged out; there was pre-legislative scrutiny and all sorts of things for a tiny little Bill that applied to, I think, 21 animals. It took forever.

My fear is that the Minister is trying to kick this issue into the long grass in the same way as the Wild Animals in Circuses Bill was in the long grass for an awfully long time. Many people outside the House will not be happy at all with this situation. Therefore, I will conclude by saying that there was a commitment to bring the concept of animal sentience into UK law. There was not a commitment to show people or illustrate by examples that it is already covered in UK law. We had that argument.

The commitment was to put this into UK law. There was then a manifesto commitment to put it into UK law as soon as possible. This is all very much Brexit related, and it was meant to be done by exit day—the end of January this year. Perhaps the transition period will be extended. Who knows? But the Government have made a clear commitment, and everyone expects them to live up to that commitment.