The Govt position on sentience of animals.

Had a lot of emails commenting about the status of animal welfare legislation following a vote in the House of Commons last week when considering the EU Withdrawal Bill. Not sure that every email sender has heard or read the Government contribution to the debate. For those who are interested, or concerned about welfare of animals, both domestic and wild, I’ve included the relevant extract from the Record of Proceedings which outlines why the amendment referred to was superfluous and potentially damaging to the clarity of the legal ‘status’ of sentient animals. I will also post, based on the Secretary of States response to MPs who have asked for an accurate summary of the Govt position. (To follow) 

“Article 13 of the treaty on the functioning of the European Union places an obligation on the European Union when developing certain EU policies and on member states when developing and implementing those EU policies to have full regard to the welfare requirements of animals. The intention of the new clause is to replicate—I am not sure whether it is replicate or duplicate—that obligation in domestic law when we leave the EU.

The reference to animals as sentient beings is, effectively, a statement of fact in article 13, but even though it is, in effect, declaratory, I can reassure the hon. Member for Brighton, Pavilion (Caroline Lucas) that it is already recognised as a matter of domestic law, primarily in the Animal Welfare Act 2006. If an animal is capable of experiencing pain and suffering, it is sentient and therefore afforded protection under that Act.

We have made it clear that we intend to retain our existing standards of animal welfare once we have left the EU and, indeed, as my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs has ​made clear, to enhance them. The vehicle of this legislation will convert the existing body of EU animal welfare law into UK law. It will make sure that the same protections are in place in the UK and that laws still function effectively after the UK leaves the EU.

In this country—we should be proud to say this—we have some of the highest animal welfare standards in the world, and we intend to remain a world leader in the future. Leaving the EU will not prevent us from further maintaining such standards; in fact, it will free us in some regards to develop our own gold-standard protections on animal welfare. Animals will continue to be recognised as sentient beings under domestic law, in the way I have described. We will consider how we might       explicitly reflect that sentience principle in wider UK legislation.

To tack on to the Bill the hon. Lady’s new clause, which simply refers to article 13, would add nothing, however, and she was fairly honest in her speech about the limited practical impact it would have. Given that it is ultimately fairly superfluous, it risks creating legal confusion. Obviously, if she wants to propose improvements to wider UK legislation—I am sure she will, knowing her tenacity—she is free to do so, but this new clause is unnecessary, and it is liable only to generate legal uncertainty. Having addressed some of her concerns, I hope that she will withdraw the new clause, having powerfully and eloquently made her point.