Biology:Animal Welfare (Sentience) Bill

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Short description: Proposed UK legislation
Animal Welfare (Sentience) Bill
Royal Coat of Arms of the United Kingdom (HM Government).svg
Parliament of the United Kingdom
Considered byParliament of the United Kingdom
Legislative history
Introduced byLord Goldsmith of Richmond Park
First reading13 May 2021
Status: Pending

The Animal Welfare (Sentience) Bill is legislation proposed by the Government of the United Kingdom at the 2021 State Opening of Parliament.[1] The law will halt most live animal exports—as allowed Post-Brexit, implement a ban on hunting trophy imports, and recognise animal sentience in law for the first time.[2][3] The bill is being pursued by the Department for Environment, Food and Rural Affairs.[4]

Background

The bill was created after an original attempt to reintroduce animal sentience back into the law through the Animal Welfare (Sentencing and Recognition of Sentience) Bill 2017.[5] Before Brexit sentience was provided through Article 13 of the Treaty on the Functioning of the European Union which stated that States “shall, since animals are sentient beings, pay full regard to the welfare requirements of animals” when they formulate EU policies.[6] On the 15th November 2017, a vote was taken on whether to incorporate Article 13 into the EU (Withdrawal) Bill where it was defeated 313 to 295 votes in the House of Commons,[7]  as well as 211 against to 169 for in the House of Lords.[8]  The Animal Welfare (Sentience) Bill partly came about through the desire to separate out the two sections of the Animal Welfare (Sentencing and Recognition of Sentience) Bill, being sentencing and sentience.[9]

Under European Union law, live exports were prevented from being criminalised.[10] The animal welfare minister Lord Goldsmith of Richmond Park is supporting the bill.[4] Those advocacy groups supporting an introduction of the bill include; Humane Society International/UK and Compassion in World Farming.[11]

The law will not protect marine animals like Octopus and Lobsters, and has been scrutinised for its lack of scope.[12]

Passage

The bill was introduced by minister Lord Goldsmith of Richmond Park on 13 May 2021.[13]

Reception

The bill has drawn a lot of attention in the media for several reasons. Fears that the bill will infringe on “kosher and halal slaughter, game shooting, killing vermin on farms and testing medical products on animals” were raised in a letter written by several Tory donors.[14] Further complaints were raised such as the notion that the UK has recognised animal sentience and that animal welfare has been around in the UK for 200 years (originally introduced in the Cruel Treatment of Cattle Act).[15] This sentiment was expressed by Nick Herbert in the House of Lords as well as Dan Hannan, arguing that the law is already clear on the issue. The idea that the law in place is already enough may not be accurate after Brexit, Nurse argues that leaving the EU will result in a step back in terms of animal rights, returning animals to the status of things.[16] The reason for this is that there are significant differences between the laws MPs state as reasons for not including sentience in the law and the protections that used to be granted by EU law, in particular Article 13.[17] McCulloch draws attention to the fact that the Animal Welfare Act fails to protect wild animals whereas Article 13 protects all sentient animals.[17] Therefore, the firm placement of animal sentience in the law could be a step in the right direction for animal welfare according to Horton and Merritt.[18]

There have also been critique that the bill does not go far enough as it fails to recognise the sentience of invertebrates. According to recent studies conducted by Sherwin, it is argued that this notion that invertebrates are not sentient is incorrect, as many studies on them are conducted differently.[19] If the same arguments from analogy were used in investigations on invertebrates then it would be concluded that they were sentient.[20] Therefore, leaving them out of the bill may cause them to be unduly unprotected.[12]

Including at least some invertebrates under the protection of the bill may also be supported by public opinion. For example, research nonprofit Rethink Priorities conducted a UK national survey for their submitted evidence to the bill. On the question of whether invertebrates are capable of feeling pain, the think tank reported that most of the “participants agreed that lobsters (83.03%), octopuses (80.65%), and crabs (78.09%) can feel pain”. Also, 91.06% “of participants agreed that if scientific experts believe there is some evidence that an animal could be capable of feeling pain, we should be careful about potentially harming them”.[21]

See also

  • Animal Welfare (Kept Animals) Bill
  • List of Acts of the Parliament of the United Kingdom, 2020–present

References

  1. ↑ "Animals to be formally recognised as sentient beings in domestic law" (in en). https://www.gov.uk/government/news/animals-to-be-formally-recognised-as-sentient-beings-in-domestic-law. 
  2. ↑ "Animals to be formally recognised as sentient beings in UK law" (in en). 2021-05-12. http://www.theguardian.com/world/2021/may/12/animals-to-be-formally-recognised-as-sentient-beings-in-uk-law. 
  3. ↑ Hope, Christopher; Hymas, Charles (2021-05-08). "Exclusive: Animals to have their feelings protected by law in Queen's Speech" (in en-GB). The Daily Telegraph. ISSN 0307-1235. https://www.telegraph.co.uk/politics/2021/05/08/exclusive-animals-have-feelings-protected-law-queens-speech/. 
  4. ↑ 4.0 4.1 Jones, Eleanor (2021-05-13). "Welcome step for welfare as new UK law to formally recognise animal sentience" (in en). https://www.horseandhound.co.uk/news/animal-sentience-law-uk-745769. 
  5. ↑ "Draft Animal Welfare (Sentencing and Recognition of Sentience) Bill 2017" (in en). https://www.gov.uk/government/publications/draft-animal-welfare-sentencing-and-recognition-of-sentience-bill-2017. 
  6. ↑ "EUR-Lex - 12016E013 - EN - EUR-Lex" (in en). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12016E013. 
  7. ↑ "Brexit, Article 13, and the debate on recognising "animal sentience" in law". 28 November 2017. https://www.alaw.org.uk/wp-content/uploads/Article-13-Legal-Briefing-Note.pdf. 
  8. ↑ "Lords vote against animal sentience - ProQuest" (in en). https://www.proquest.com/openview/2a10620d0ced3a3a144e195159302597/1?pq-origsite=gscholar&cbl=2041027. 
  9. ↑ "Animal Welfare (Sentencing and Recognition of Sentience) Bill report published - Committees - UK Parliament" (in en). https://committees.parliament.uk/committee/52/environment-food-and-rural-affairs-committee/news/102415/animal-welfare-sentencing-and-recognition-of-sentience-bill-report-published/. 
  10. ↑ "England and Wales to ban live animal exports in European first" (in en). 2020-12-03. http://www.theguardian.com/environment/2020/dec/03/uk-to-become-first-country-in-europe-to-ban-live-animal-exports. 
  11. ↑ "Animals to be formally recognised as sentient beings in domestic law | Pig World" (in en-GB). https://www.pig-world.co.uk/news/animals-to-be-formally-recognised-as-sentient-beings-in-domestic-law.html. 
  12. ↑ 12.0 12.1 Pandey, Manish (2021-06-18). "MPs: Octopuses feel pain and need legal protection" (in en-GB). BBC News. https://www.bbc.com/news/newsbeat-57528249. 
  13. ↑ "Animal Welfare (Sentience) Bill [HL - Parliamentary Bills - UK Parliament"] (in en). https://bills.parliament.uk/bills/2867. 
  14. ↑ Reporter, Eleni Courea, Political. "Tory rebels fear activists will hijack animal sentience bill" (in en). ISSN 0140-0460. https://www.thetimes.co.uk/article/tory-rebels-fear-activists-will-hijack-animal-sentience-bill-5qb97vx3l. 
  15. ↑ "Sentience bill will glue up government with a bonkers animal rights agenda - Nick Herbert" (in en). https://www.yorkshirepost.co.uk/news/opinion/columnists/sentience-bill-will-glue-up-government-with-a-bonkers-animal-rights-agenda-nick-herbert-3309538. 
  16. ↑ Nurse, Angus (2019). "A Question of Sentience: Brexit, Animal Welfare and Animal Protection Law". Journal of Animal & Environmental Law 10: 32–59. 
  17. ↑ 17.0 17.1 McCulloch, Steven (2019). "Brexit and Animal Welfare Impact Assessment: Analysis of the Threats Brexit Poses to Animal Protection in the UK, EU and Internationally". Animals 9: 117. 
  18. ↑ Jessica Horton and Jonathan Merritt, 'Show Me Your Horse and I Will Tell You Who You Are: Brexit, a Chance to Acknowledge Animal Sentience in Law' (2019) 31 Denning LJ 5
  19. ↑ M, Sherwin (2001). "Can Invertebrates Suffer? Or, How Robust is Argument-by-Analogy?". Animal Welfare 10: 103–118. https://www.ingentaconnect.com/content/ufaw/aw/2001/00000010/a00101s1/art00010. 
  20. ↑ Sherwin, C M (2001-02-01). "Can Invertebrates Suffer? Or, How Robust is Argument-by-Analogy?". Animal Welfare 10 (1): 103–118. https://www.ingentaconnect.com/content/ufaw/aw/2001/00000010/a00101s1/art00010. 
  21. ↑ Rethink Priorities (2021). "Rethink Priorities: Submission of Evidence to Animal Welfare (Sentience) Bill". Retrieved 2021-08-17.




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