My Lords, I will speak to Amendments 24 and 30 in the name of the noble Lord, Lord Howard of Rising, to which I have added my name. However, before I do, I must ask again, as several noble Lords have done before me, whether the Bill is necessary. Do we really need sentience to be recognised explicitly in UK law at all? Animal welfare laws in the UK date back to 1822. Successive Governments have also recognised that animals are sentient beings, and have done so both prior to and since our membership of the EU. Furthermore, welfare laws in this country go far beyond the minimum standards set by the EU. It is therefore unclear why putting the fact of animal sentience into law would achieve any substantive improvement in animal welfare.
The Bill also wants the Government to have “all due regard”. It is unclear how adding “all” does anything other than create a means for potential conflicts. Will the Government be found to have had due regard but not to have had all due regard? Why “all due regard”? Does it mean that, from now on, all legislation will need to be amended to insert “all” before “due regard”? More importantly, what does “all due regard” mean? How can one prove to have had all due regard? Is not due regard sufficient? Legally, “due regard” is defined as giving fair consideration and sufficient attention to all the facts, so adding “all” can create only more confusion. It is otiose, serving no practical purpose or result.
That is why I support these amendments, as I do Amendments 25 and 34, although I will not repeat what the noble Lord, Lord Howard, has already pointed out to explain why they are also necessary.